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Submitted on
May 2
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Ya'll know Hot Topic is riddled with art thievery, right? Well, turns out it isn't thievery. You know the Terms and Conditions rule, right; you never read them, it's just click and agree. Well. We should have read them. 

THIS IS WHAT YOU AGREE TO WHEN YOU SUBMIT WORK:

Turns out, by accepting DeviantArt's terms and conditions, you are giving them permission to sell any art you post on this website to any third party, WITHOUT ROYALTIES. That's right, not only are they going to be selling your art, but you won't receive a penny or even a notice. A lot of people find out that their art has been taken when people show them off their own backs. The second that picture is posted on this website, it is no longer yours, it belongs to DA and can be sold as such, and it is allowed to be edited. It can be cropped and resized as the new owner pleases.

Also, once it is sold, DeviantArt can NO LONGER BE HELD RESPONSIBLE. As soon as it's been sold then it's up to you to sort it out, which won't be possible as the art has been brought from its "rightful owner" and legally purchased. Basically, the only way you'd be able to stop your art being mass produced on clearance sale T-shirts is to appeal to a company's better nature, and I'm pretty damn sure Hot Topic doesn't have one.

I think it's foul. I thought this was just a lovely website where artists could post their work and meet friends, and that profit was gained through premium memberships and print buying. Nope. It's just another profit website and I am...well. DA used to be my favourite place, but now, I'm not so sure.

People in the XS fandom should be pretty much safe. We're a small fandom and not exactly a popular thing to wear on cheap black shirts, so we should be fine. But fan art isn't safe, especially when it's drawn in vector and easily resized.

Though I'd say we're all gon b k, I would recommend watermarking or logo'ing your work, just to be safe. You never know when something's suddenly going to come into style or become popular. The biggest shit going down, I've noticed, is Disney art and Adventure Time. So, if you post anything like that, just stay safe, and don't let anything be taken from you. 

AND IF THIS DOES HAPPEN TO YOU then remove the art from the website and make it an illegitimate sale. Become a Fuck U-nicorn.
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:iconthelokipokey:
TheLokiPokey Featured By Owner May 6, 2014  Hobbyist General Artist
That's actually a misconception. 
Without consent of the original artist DA can't sell you're art or anything like that. 
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:iconsbb09wojtanowiczk:
sbb09wojtanowiczk Featured By Owner May 3, 2014  Hobbyist Digital Artist
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:iconmikasaswagggerman:
MikasaSwagggerman Featured By Owner May 2, 2014  Student Digital Artist
god dammit hot topic
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:iconxiaolins:
XiaolinS Featured By Owner May 2, 2014  Student Digital Artist
It's not just Hot Topic, it's DeviantArt.
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:iconmikasaswagggerman:
MikasaSwagggerman Featured By Owner May 2, 2014  Student Digital Artist
*god dammit deviantart
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:iconmerdragon:
Merdragon Featured By Owner May 2, 2014  Student General Artist
Just looked more into, DA would still have to contact you if they would want to sell it commercially:

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.

So the real issue is more Hot Topic again being dickwads and stealing the artwork actually. Also, it would seem that people have IP lawyers look it over and there is not indication that this is true.
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:iconxiaolins:
XiaolinS Featured By Owner May 2, 2014  Student Digital Artist
It's still the case of that once the artwork is gone, DA is no longer to be held accountable by law. And they do NOT contact artists about sales, this is a fact. I have seen LOADS of people shown their art on Hot Topic and they're devastated. :(
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:iconmerdragon:
Merdragon Featured By Owner May 2, 2014  Student General Artist
notanillustrator.tumblr.com/po…

Read the entire thread.
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:iconstorm-thunder-demon:
storm-thunder-demon Featured By Owner May 2, 2014
.....well s**t. That's not right.
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:iconmerdragon:
Merdragon Featured By Owner May 2, 2014  Student General Artist
I wonder how long this has been going on because I also saw other people I've watched on here having their Vocaloid fan art images stolen and sold at cons as wall scrolls by one dealer's booth and had to go through a huge thing that was insane. If this is what happened back then, then it's a no wonder why they had so much trouble with the legal stuff about it (the person I watched won of course, but still, it was a long issue for a good few months).
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