Locteck

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).

BY AGREEING TO TERMS AND CONDITIONS ON DEVIANT ART.

THEY SOLD IT TO A THIRD PARTY ROYALTY-FREE.

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3. License To Use Artist Materials. As and when Artist Materials are uploaded to the DeviantArt Site(s), Artist grants to DeviantArt a worldwide, royalty-free, non-exclusive license to do the following things during the Term:

a) to prepare and encode Artist Materials or any part of them for digital or analog transmission, manipulation and exhibition in any format and by any means now known or not yet known or invented; (DA  can post them on their website and edit them in any way they see fit)

b) to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Artist Materials, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented ; (They can publish your art in any media, use it to showcase their website or even promote certain groups without your knowledge. For all you know, your art could be promoting the KKK.)

c) to modify, adapt, change or otherwise alter the Artist Materials (e.g., change the size) and use the Artist Materials as described in Section 3(b); and

d) the right to sublicense to any other person or company any of the licensed rights in the Artist Materials, or any part of them, subject to the terms and conditions of this Agreement. (They can edit, change, or otherwise modify your artwork in any way they want, as well as sublicensing it  to third parties, such as Hot Topic.)

e) Artist acknowledges that Artist will not have any right, title, or interest in any other materials with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated. (By posting on FA, you forfeit your right to dispute any third party profits or copyright infringements upon your art.)

f) During the Term, DeviantArt’s licenses under this Agreement include the right to use any part of the Artist Materials in the promotion, advertising or marketing of the DeviantART Sites. (DeviantArt can use your art to advertise anything they want.)

g) As used in this Agreement, the term “Artist Materials” means any content uploaded to the DeviantArt Site(s) which may include without limitation Artist’s name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, audio-visual materials, artwork, liner notes, and other graphical, textual, video, film or audio materials and any and all “skins,” computer-generated images or other artwork or images that Artist submits to DeviantArt in any medium or format whatsoever. (ANYTHING you submit to DeviantArt belongs to DeviantArt now. Including  your drawings, your photos, videos, your stock materials, your music/audio, your written stories, and your artist name.)

I’d heard rumours of this as far back as 2007 or 2008 and ignored them, then a few years ago I more friends dropped out of DA for the same reason, but I thought nothing of it. But this is getting ridiculous.

Just a heads-up for my watchers: I will be moving my art and deleting my DA. Patreon is already the best place to find me, followed by Tumblr, and god only knows what terms of service is hidden here. One can only hope nothing quite so heinous.

It’s shit, and it’s unfortunate, as I met so many friends and fans through DA and received so much support through my darkest times. It was a huge part of my artistic development for the last decade and I doubt I would be where I am now if I didn’t have the resources and the community it presented.