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.
We appreciate the rallying of the community around the rights of this artist. Rights and ownership of artwork are an important cause which we do not take lightly. To clarify:
DeviantART does not retain any ownership nor right to ownership of any artwork posted to deviantART. The point of question in our Submission Policy is one which gives us the right to present the artwork you submit to deviantART on deviantART. As stated in our Submission Policy, “Artist at all times retains all right, title and interest in and to the Artist Materials provided by Artist hereunder (including, without limitation, the copyrights in and to the Artist Materials), subject to the non-exclusive rights in the licenses granted to deviantART under this Agreement.” Thus, artwork posted to deviantART may be used in promotional material for deviantART (with all due credit for the work included), but never for non-deviantART commercial purposes, and never without express recognition of the original artist. The artist also always retains the right to remove the work from deviantART at any time, if they so choose.
By the same token, because we do not retain any ownership of artwork submitted to deviantART, we cannot license it to others either (be it individual or company) without the express permission and written agreement of the artist. From section 5 of our Submission Policy: “deviantART will contact Artist in writing about any individual commercial uses of Artist Materials instigated by deviantART.” If deviantART had been involved with this situation in any way, the artist would have been contacted in writing long prior to any commercial use of the artwork.
We assure you that we had no involvement of any kind in this incident. Again, we appreciate the passion with which the art community has come together regarding these circumstances, but as with all things, we’re always on the side of the artist.
HUZZAH.