mutantlexi:
randomredux:
girldoesnothing:
adu101:
piranhapunk:
languidness:
joyouscatus:
You remember that post about the homestuck t-shirt design contest collaborating with hot topic? And how Hot Topic are the biggest art thieves? This is recent. As you can see above, I stumbled upon Hot Topic’s website and they are selling a very popular fan art put on a t-shirt, and did not ask permission from the original artist (rismo).
This shows Hot Topic still continues their art thievery. Hot Topic are still taking art from artists without their permission. This is disrespectful and appalling.
EXCEPT YOU DID GIVE THEM YOUR PERMISSION.
BY AGREEING TO TERMS AND CONDITIONS ON DEVIANT ART.
THEY SOLD IT TO A THIRD PARTY ROYALTY-FREE.
http://www.deviantart.com/submit/agree
woah oops deleting my deviantart account
*instantly puts logo on my best pictures*
6. Payment Unless otherwise agreed between Artist and deviantART in a writing from deviantART, the license granted to deviantART under this Agreement is royalty-free.
DeviantArt you literal piece of shit
*cough*
5. Limitation Of Rights The rights and licenses granted to deviantART under sections 3 and 4 of this Agreement require deviantART to obtain Artist consent before deviantART makes any commercial agreement with anyone else to separately buy, license, re-sell or re-publish or commercially use any Artist Materials not in association with deviantART but as an individual work of art or as a group of works from a single Artist in isolation from any other works. No additional consent is required for any other licensed uses under this Agreement of Artist Materials either as part of the deviantART Site(s) or in connection with the distribution of content groups from the deviantART Site(s) and/or for uses of the Artist Materials made at the discretion of a visitor to the deviantART Site(s) or other users under agreements with deviantART. deviantART will contact Artist in writing about any individual commercial uses of Artist Materials instigated by deviantART.
I’m not an internet lawyer like you fine fellows, but I’m pretty sure that this means them doing what you’re all accusing them of is breaking their own agreement, not screwing you by sticking to it. The royalty-free thing? Means they don’t have to pay you every time the site generates a thumbnail or otherwise digitally transmits your work to people using the site.
No, this is just the usual risk of putting your work on the internet. Anywhere on the internet. Even here. ESPECIALLY here, home of the unsourced reblog.
But I didn’t go to internet law school.
Aaaand we have a winner. Clause 6 is there so they can legally allow for sharing of your image, and for use in banners that advertise the site.
I’ve got access to an IP Lawyer and had them look over the ToS of DA. Nothing in it is you signing your rights over to them, you are still the primary rights holder, you’re just allowing them the right to display your art without them having to pay you royalties. So the “OMG DA is selling our work to Hot Topic and you allowed them to do it”, is 1000% WRONG.
This is important. I know it’s dreadful trying to read the ToS of anything, but it’s necessary to avoid the spread of misinformation like what happened above. No, dA can’t actually give anyone the right to sell your artwork, you must allow them. Hot Topic is just being a douche as usual.