Shop Mobile More Submit  Join Login

dA is Not Selling Your Works to Third Party Royalty Free

Hot Topic selling artist's works without permission



A Tumblr post has been circulating, where Hot Topic is selling artist's works as T-shirts in their store, including popular fan art without the artist's permission, deviant artists included. It caught on wildfire when one user linked to deviantART's Submission Policy, stating users gave permission to dA by agreeing to their Terms of Service thereby allowing dA to sell it to third party royalty free.

dA Tumblr by phoenixleo




This is false and inaccurate!



deviantART's Response:



"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."




Given the nature of this post, I feel it’s necessary to post the right information in here as well, considering seeing the notes and comments that users are posting without checking anything, or falsely misrepresenting the policies. Always clarify it from authentic sources or contact them (They don’t bite!). Have a pleasant browsing and interaction and apologies for the interruption!

You can always contact dA to get the info, such as these:

Contact deviantART Help Desk

deviantart Tumblr.

deviantART Terms of Service

Does deviantART own my art?


Please do spread the right news by re-blogging deviantART's response of the correct interpretation of the policy and this as well so users can see it here as well rather than the out of context one or any that you may find.




Edit:: Here's the artist's explanation. It's officially licensed.
For this time!

deviantART is Not Selling Your Works to Third Party Royalty Free - 'Submission Policy and Hot Topic'
Please read this information and share this information!
Add a Comment:
 
:iconcatytem:
CatyTem Featured By Owner Sep 12, 2017  Student Traditional Artist
Exactly
Reply
:icondeadhedgehog:
DeadHedgehog Featured By Owner Apr 24, 2017  Student General Artist
Then how come you have this in your contract:
"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:"
"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."

Soruce: about.deviantart.com/policy/su…

While the user still remains the rights, DeviantArt is also granted the granted the reights to resell or redistribute your artwork.
Not only that but they can sell the license to any person or company they want to.
Liceneses are not a signular thing tied to one person, if you grant somebody a license to use your artwork how they see fit and also grant the the right to resell that license,
everyone who holds that license will be able to do this.
The artists still holds the copyright meaning that they can take legal actions against anyone who doesn't own a license to redistribute or sell their artwork (but still do),
but it wont allow them to take legal actions against license owners unless they violate the license's terms of agreement.
Reply
:iconphoenixleo:
phoenixleo Featured By Owner Apr 24, 2017
It doesn't grant DeviantArt the right to sell your artwork. The keyword here is sell. That part is there for a reason and has been addressed previously. That part of the contract allows the third party - person or a company - showcase your works. Third party in this case could be  RSS feeds, other blogging services, social media features/sites (Facebook, Tumblr, Twitter, etc), your browser (Firefox, Safari, Chrome, etc), hardwares (your computer, laptop, iphone, iPad, tablets, other cell phones, sites, and whatever new stuff it is in the future. This is basically you allowing DA the yes signal that they can allow those third parties the permission to showcase your work. Otherwise, you won't be able to use the internet and any of those sites and to access any content on DA (or any other sites) and no way for works to be shared or promoted or advertised or whatever.
Reply
:icondeadhedgehog:
DeadHedgehog Featured By Owner Apr 24, 2017  Student General Artist
This is not the standart license you grant on sites like tumblr to use, modify your content on their site.
This clause states specifically that they can give those rights to anyone they see fit.
Even if they currently don't sell your property they are allowed to do so without having to pay you royalties.
If you compare the user agree with Tumblr for example you allow them to redistrbute, modify etc. your content among their services because that's what they need to run that side.
While DA has these extra clauses that are just iffy. I on't claim that DA does this or has some evil diabolical sheme at play trying to steal the artwork of its users however it is there and it needs to be adressed.

DA adressed it that they didn't sell HotTopic the artwork in question and it appears to come from another side that regulary hosts contests for artwork to be used in official collections where hottopic frequently getts their artworks.
However the corresponding statement and FAQ entry only states that you don't loose ownership. Lossing ownership (which is pretty hard at least to german copyright regulations) and granting a license to other people is another thing. For example: A studio create an IP and then licenses that IP to a retailer that creates merchandise and pays royalties for that. The studio is still the owner of that IP and can take legal actions against license and copyright violations.
So you still grant DA the license to redistribute, broadcast and modify your artwork aswell as granting them to redistribute that license.


On another note, in the case of the often mentioned HotTopic/AdventureTime case:
As long as the creator of that fanart does not hold the license to redistribute this artwork it would be a copyright violation in itself.
I'm tired of people selling "fanart" of other peoples intelectual property and then bitch about other people "stealing" it.
As far as I'm aware of, unless stated otherwise the creator of the IP holds the rights to the fanart aswell.
Reply
:iconshadzerios:
Shadzerios Featured By Owner Aug 15, 2017  Hobbyist Digital Artist
It says on the second part the following (same page, same link that you commented before):

2. Ownership. 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. Artist is free to grant similar rights to others during and after the Term of this Agreement.

Therefore the owner of the image is the only person who may grant rights to other users, companies, etc. to use their artwork. DA is not "a second wheel" so said in the middle of artist and the other side.
Reply
:iconphoenixleo:
phoenixleo Featured By Owner Apr 24, 2017
Each writes their own way of it, but since Tumblr is for blogging/reblogging content as well, it is termed a bit differently. But it's still there.
Yes, it states that because otherwise the third party will not have the right to download and/or show the content. This is not about selling. This has been nipped in the bud a very long time ago. They have to get your permission to sell content, and their print services is like that where you give them permission to print the artwork for sales just like other web print stores where they manage content. But they do not sell that right to others. In terms of other usage, when they do want to use particular artists' works for some instances for big events, they do contact artists for permission and whatever contract they make is between them and the artist.

And the above mentioned statement to use, modify content is for both for DA (thumbnails, large formats, etc) and for other third parties with whatever sizes they use for enabling access. Tumblr does this as well, and not just for their own system. It's on their "Subscriber Content License to Tumblr" section. But for Tumblr, just to avoid the whole legal mumbo jumbo, they did those summary simple words explanations for each sections to an extent, so people can understand. No diabolical scheme and they have addressed it before. Like you see, this is very old news from the drama and this misinformation spread seems to suddenly rise every other year or so.


Official sponsored contests are very different from this issue, not to mention they have very different official rules related to the contests. It depends on each contest and what they are about. But it's true HotTopic had instances from using works without permissions that I had heard about. But in this situation it's not their fault either. 

The artist in question had already explained what had happened. They don't hold the license to redistribute the artwork and the current owner, Cartoon Network, holds that  right who gave it to HotTopic to create the products. This was official artwork so to speak. Not even fanart. The tshirt is officially licensed. The artist didn't realize the signing would result in the transfer of ownership of the full work.

If you still have any further inquiries, it's best to contact help with a policy inquiry and/or (later) a lawyer if there are further questions.
Reply
:iconjandn2014:
jandn2014 Featured By Owner Mar 30, 2017
Phew.
Reply
:iconfazergamer:
FazerGamer Featured By Owner Mar 30, 2017  Hobbyist Digital Artist
THANK THE ALMIGHTY ANGUS BEEF!
Reply
:iconarpentereves:
ArpenteReves Featured By Owner Mar 30, 2017  Student General Artist
Interesting.
My heart did a little jump.
Reply
:iconfrozenfeatherofriver:
FrozenfeatherOfRiver Featured By Owner Mar 30, 2017  Student General Artist
Ok makes sense!
Reply
:iconshadow-glassen:
Shadow-Glassen Featured By Owner Mar 30, 2017  Hobbyist General Artist
Thank. God. :faint:
I thought I was gonna have to go legal on some people...
Reply
:iconki-akushu-bakudan:
Ki-Akushu-Bakudan Featured By Owner Mar 30, 2017  Hobbyist General Artist
Thank god
Reply
:iconbunnyadrienne:
BunnyAdrienne Featured By Owner Mar 30, 2017  Hobbyist Digital Artist
Oh. Now it makes sense.
Reply
:iconiceclaw666:
iceclaw666 Featured By Owner Mar 30, 2017
Oh ok thank god
Reply
:iconcrayola-craze:
Crayola-Craze Featured By Owner Mar 30, 2017  Hobbyist Traditional Artist
Ok, thanks for explaining this. ^^ I was quite confused, but it's now cleared up.
Reply
:icondragonsnake9989:
DragonSnake9989 Featured By Owner Mar 30, 2017  Hobbyist Digital Artist
Oh, so that's explains it.
Reply
:iconbuggomeems:
BuggoMeems Featured By Owner Mar 30, 2017  Hobbyist Digital Artist
Thank you so much!!! I thought that I was about to lose everything I had drawn to third parties without my permission. Thank you!
Reply
:iconartywolf21:
ArtyWolf21 Featured By Owner Edited Feb 1, 2017  Hobbyist Digital Artist
I got a rather alarming message today about the whole Tumblr post and decided to do some digging as I'm not one to take things at face value but I do really struggle to focus on reading through terms and conditions so I was still really uncertain. My friend sent me this thank goodness or I would have still been panic searching! Thank you so much! It is nice to see the artist community really fighting for artist rights, we tend to be really good at sticking up for each other but people really should be careful before spreading things that could create panic. To be honest it seemed a little silly? If it were true DA would be destroyed as an art site, they'd lose all the money and effort they put into making it.. it would be a really stupid decision on their part ^^' 

I hope this is all resolved soon <3 
Reply
:iconcrescentwingstudio:
CrescentWingStudio Featured By Owner Nov 26, 2016  Professional Traditional Artist
Thank you for explaining this I was worried, I'm not very smart so I have difficultly understanding the well legaliezewording they use in these kinds of things so when people said they just owned the work I was really worried.
Reply
:iconphoenixleo:
phoenixleo Featured By Owner Dec 17, 2016
Welcome!
Reply
:iconninjagoeevee:
NinjagoEevee Featured By Owner Oct 29, 2016  Hobbyist General Artist
THANK YOU
Reply
:icontastaturkatze:
TastaturKatze Featured By Owner Oct 29, 2016  Hobbyist General Artist
Thank you for working this up.
I already posted a similar journal, but I don't have much of an audience xD
I hope you don't mind that I added a link to this journal in my own journey entry, since here are more detailed information, especially about the hot topic case per se.
Reply
:iconthe-character-shop:
the-CHARACTER-shop Featured By Owner Oct 29, 2016  Hobbyist Digital Artist
Oh I'm glad, got me worried omg
Reply
:iconbluephoenixdown:
BluePhoenixDown Featured By Owner Jun 29, 2016
Thank you for sharing this! I must say I was rather alarmed to read about that deviantART was owning and selling artists' works and owning artists' names. The whole reason I ever joined deviantART in the first place was because they didn't that sort of thing and respected the artists and other creators work.
Reply
:icondearestjester:
DearestJester Featured By Owner Jun 21, 2016  Hobbyist Digital Artist
If only people would slow down and read things through before jumping to conclusions, amirite?
Reply
:icon15sonicthehedgehog:
15SonicTheHedgehog Featured By Owner Jun 19, 2016  Hobbyist Traditional Artist
I'm not popular at all,and my art ain't good, so I don't have to worry thankfully..
Reply
:iconsneakyfox55:
Sneakyfox55 Featured By Owner Jul 1, 2016  Hobbyist General Artist
Same... Sweating a little...  
Reply
:icontattertotminion:
TatterTotMinion Featured By Owner Jun 17, 2016  Hobbyist Digital Artist
Just so glad to hear its false! Thank you for this post!
Reply
:iconseveriner:
severiner Featured By Owner Jun 14, 2016
Well I am glad it is not all as bad as I was led to believe. I am still leaving DA. I much prefer AO3's formatting and how it is so much easier to browse to find what you are interested in looking at.
Reply
:iconphoenixleo:
phoenixleo Featured By Owner Edited Jun 15, 2016
That's up to you. 
Just so you know, one doesn't just have to be dedicated to one site alone. It's ideal for an up and coming artist to showcase their works in as many avenues as possible, to network and show their works. But having a 'base camp' so to speak is good. And for fan fictions and the like, AO3 does have a good way to browse. Not all place will have all types of features and some are most certainly going to have more specialization and features for particular types of works.
Reply
:iconh-stallionwolf:
H-StallionWolf Featured By Owner Jun 14, 2016  Student Digital Artist
so basically they'll let our work be stamped on t-shirts, but they'll reach you first to grant permission? sounds reasonable
Reply
:iconfaerynightdesigns:
FaeryNightDesigns Featured By Owner Jun 14, 2016  Hobbyist Digital Artist
you didn't actually read this or the tumblr blog did you?
The image in question was already licensed by the artist to have hot topic stamp it on a t-shirt.

deviantart wouldn't do anything with our images without ASKING US FIRST.. if we say no, they won't do anything. 
Reply
:iconh-stallionwolf:
H-StallionWolf Featured By Owner Jun 14, 2016  Student Digital Artist
actually i have, i was a bit confused.
Reply
:icondarkmandcore15:
Darkmandcore15 Featured By Owner Jun 13, 2016
I can't even draw because my hands are too shaking and twitchy <_<
Reply
:iconmrottdawgbarks:
MRottDawgBarks Featured By Owner Jun 13, 2016
Yeeeah, but it's not 2014 anymore... and I've read the actual agreement, and the way they updated point 3... the way they keep telling "royalty-free" to whatever they do with your stuff, is not convincing at all. And points 5 and 6 only feels like a pat in the back, after they will simply do the thing...
Reply
:iconphoenixleo:
phoenixleo Featured By Owner Jun 13, 2016
But it still very much does what it intends to do and was explained in 2014. That gives them the permission to showcase your works for one in whatever format, medium is present. Without that, I wouldn't for example be able to see your gallery right now from my laptop, or someone wouldn't have the permission to see it in another person's favourites to browse your gallery then. 
Reply
:iconarkhelios:
Arkhelios Featured By Owner Jun 13, 2016  Hobbyist Digital Artist
this is why you WATERMARK and put your SIGNATURE on your work! i dont know why so many people seem to think its that difficult?????
Reply
:iconbluemaxwell:
BlueMaxwell Featured By Owner Jun 13, 2016
So we should be hating on Cartoon Network for being little asshats? Alright then! Coonfoot
Reply
:iconphoenixleo:
phoenixleo Featured By Owner Jun 13, 2016
Actually they were not to blame. It was just a misunderstanding. 
Reply
:iconbluemaxwell:
BlueMaxwell Featured By Owner Jun 14, 2016
Ohhh, man. I wanted to throw dirt at Cartoon Network :c
Reply
:iconphoenixleo:
phoenixleo Featured By Owner Jun 15, 2016
:pat: A day will come.
Reply
:iconquillowbristles:
QuillowBristles Featured By Owner Jun 13, 2016  Hobbyist General Artist
So they aren't selling our work? That's all Hot Topic, if I understand correctly?
Reply
:iconmute-630:
MUTE-630 Featured By Owner Jun 13, 2016  Hobbyist Digital Artist
They're saying the artist signed over their work without thinking it through fully. Soon enough it became a shirt, and HotTopic sold some of them to the public. Seeing this, the artist reacted & thought they stole their art. But it was a misunderstanding because they did not read the fine print, simply liking the idea of it being on a comic book. (all on the tumblr post) DA's not selling our work, they had nothing to do with this, but were dragged in from the artist being notified of the shirt through DA.
Reply
:iconquillowbristles:
QuillowBristles Featured By Owner Jun 13, 2016  Hobbyist General Artist
Ohh.
Reply
:iconbluemaxwell:
BlueMaxwell Featured By Owner Jun 13, 2016
Hot Topic wasn't even stealing the work. The art technoly is own by CN. The artist was to dumb to do the paperwork
Reply
:iconqarology:
qarology Featured By Owner Jun 13, 2016
This is why I don't draw COPYRIGHTED characters
Reply
:iconbluemaxwell:
BlueMaxwell Featured By Owner Jun 13, 2016
Fair Use, every herd of it
Reply
:iconrxsalina:
rxsalina Featured By Owner Jun 13, 2016  Hobbyist Traditional Artist
The art itself belongs to the artist, only the characters belong to CN. It still needed the artists permission to use it as it was their artwork.
Reply
:iconbluemaxwell:
BlueMaxwell Featured By Owner Jun 13, 2016
Not if you read the contract.
www.cartoonnetwork.com/legal/

It's shitty I know
Reply
Add a Comment:
 
×

:iconphoenixleo: More from phoenixleo


Featured in Collections

Journal information by LunarMew

Journals by AbbeyMarie

Journals by MakenMeister


More from DeviantArt



Details

Submitted on
May 2, 2014
Submitted with
Sta.sh Writer
Link
Thumb

Stats

Views
53,709 (2 today)
Favourites
678 (who?)
Comments
515
×