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A Fellow Artist Needs Your Help!

Journal Entry: Wed Aug 1, 2012, 12:24 PM


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A fellow Deviant, beatblack is in need of our help, today!

Sarah, also known as Beat Black, is the maker of I Heart Brains BFF Necklaces, and she has been making them since 2010.

Brainy BFF Necklace green by beatblack

Recently, Sarah discovered that Hot Topic has been selling something eerily similar to her design, as seen here:
www.hottopic.com/hottopic/Acce…

If ANYTHING is going to be done about it, we need to make a big stink! I mean HUGE. This needs to go VIRAL, people. Because it just isn't fair, and independent artists are always getting ripped off. Hot Topic is an unbelievably huge company - can they not afford designers that can come up with their OWN ideas?!

It may not be big shots at the top of Hot Topic themselves that are stealing - it's the folks in which they import their stuff from. But by selling it, they are SUPPORTING this thievery.

HERE IS HOW YOU CAN HELP:

:bulletgreen: Share this link from the "You Thought We Wouldn't Notice" website:
Have A Heart, Hot Topic

:bulletpurple: Write on the Hot Topic Facebook wall:
Hot Topic @ Facebook

:bulletgreen: Write to Hot Topic, directly:
Hot Topic Contact Page

:bulletpurple: Tell Regretsy about it:
Helen@Regretsy.com

:bulletgreen: Tell The Consumerist about it:
The Consumerist

Share it on your blog, here on DA, Facebook, Twitter, Myspace, Tumblr, Pinterest, word of mouth, text, - whatever you can!

Hot Topic won't know what hit them!

UPDATES:

Beat Black says:
"Just a quick update, I got a real email from Hot Topic. They said they will remove the necklace from in store and online while they investigate. It's still up but I'm hoping it will be taken down soon."

"the hot topic issue was posted on the consumerist today. Also the brains have been taken down from their site and are supposed to be taken off sales floors by the end of today while they "investigate"..."

The Consumerist: This Hot Topic Brain Looks Awfully Familiar



Add a Comment:
 
:icondont-dig-down:
dont-dig-down Featured By Owner Aug 4, 2012
dam strate!
ya i cant spell
Reply
:iconmonsterkookies:
monsterkookies Featured By Owner Aug 7, 2012  Professional Traditional Artist
:XD:
Reply
:iconsable-of-dominos:
sable-of-dominos Featured By Owner Aug 4, 2012  Hobbyist General Artist
posting as journal
Reply
:iconmonsterkookies:
monsterkookies Featured By Owner Aug 14, 2012  Professional Traditional Artist
Hooray! :) Thanks for your help.
Reply
:iconsable-of-dominos:
sable-of-dominos Featured By Owner Aug 16, 2012  Hobbyist General Artist
welcome i also posted on their facebook page
Reply
:iconmonsterkookies:
monsterkookies Featured By Owner Aug 18, 2012  Professional Traditional Artist
Awesome :D
Reply
:iconkevin-girard:
kevin-girard Featured By Owner Aug 4, 2012  Student
File not found, can only mean a good thing. what is hot topic?
Reply
:iconmonsterkookies:
monsterkookies Featured By Owner Aug 4, 2012  Professional Traditional Artist
Hot Topic is a cheap alternative fashion store, basically.
Reply
:icondestroyerautumn:
DestroyerAutumn Featured By Owner Aug 3, 2012
I believe they took it down, because when I click the link it says file not found, and last time i went to hot topic they didn't have them. .-.
Reply
:iconmonsterkookies:
monsterkookies Featured By Owner Aug 14, 2012  Professional Traditional Artist
Hmmmm... well that's definitely a good thing!
Reply
:iconroladragon:
roladragon Featured By Owner Aug 3, 2012
the link is not workin, now.
I think the person know now that he (or she) found by you :)
Reply
:iconmonsterkookies:
monsterkookies Featured By Owner Aug 14, 2012  Professional Traditional Artist
Yup, it seems to have been sorted out, I think. :)
Reply
:iconkazekoh:
Kazekoh Featured By Owner Aug 2, 2012  Student General Artist
Well it is a good thing that they are now looking into it at least, that is way better then most large companies! Hot topic is a company, so they do consult with artists to make the main mold and such. I doubt it was Hot Topic itself that did it, but one of the people who they consulted. Not that its right, but at least you were able to point it out to them since the net can be rather large!

I would suggest though that your friend get a copyright on it asap before someone else does, or in the very least consult a lawyer who specializes in copy right. Sometimes the 'I did this first' doesn't stand in court sadly. >:
Reply
:iconmonsterkookies:
monsterkookies Featured By Owner Aug 14, 2012  Professional Traditional Artist
I'm not sure how copyrights work, really... but in jewellery and art and whatnot, apparently a copyright is instantaneous when the work is created. O___O
Reply
:iconkazekoh:
Kazekoh Featured By Owner Aug 16, 2012  Student General Artist
Yes, but are designs copyright though? o3o That is what I have seen fights over, with lawsuits and such; I don't know, and frankly its scary to try to figure out. I am not a lawyer for a reason x3x
Reply
:iconmonsterkookies:
monsterkookies Featured By Owner Aug 18, 2012  Professional Traditional Artist
I have no clue. XD
Reply
:iconlissaburd:
Lissaburd Featured By Owner Aug 2, 2012
That link to the item at Hot Topic doesn't work. Can't find it from the page of necklaces either. Maybe it's been pulled? :heart:
Reply
:iconmonsterkookies:
monsterkookies Featured By Owner Aug 11, 2012  Professional Traditional Artist
Hmmmmm, most likely!
Reply
:iconbeatblack:
beatblack Featured By Owner Aug 3, 2012   Artisan Crafter
it was recently pulled from online and they say from stores too while they investigate. They're talking to me and I'm hoping it can be fixed soon. there's a screen shot of their necklace here if you were interested: [link]

thankfully I've gotten lots of help with this :)
Reply
:iconlissaburd:
Lissaburd Featured By Owner Aug 4, 2012
I saw it on the piece MonsterKookies did on facebook. One look and I was like :iconangryplz: Honestly, yours is way better looking than that one. I hope it gets resolved fairly for you, and fast.
Reply
:iconbeatblack:
beatblack Featured By Owner Aug 8, 2012   Artisan Crafter
thank you so much :) I'm pleased with the way things are moving so far
Reply
:iconcarakhan:
CaraKhan Featured By Owner Aug 2, 2012  Professional Digital Artist
I agree that this sucks but has the original artist filed for a copyright on this item yet? She will have a MUCH easier time in court if she does this, even right now. Many lawyers will not even take a second glance at your case if you don't own the copyright (just because its that much harder to prove) and if Hot Topic applies for the copyright first, then she's SOL.
Reply
:iconmonsterkookies:
monsterkookies Featured By Owner Aug 11, 2012  Professional Traditional Artist
I'm not sure, but when it comes to "copyright" in jewellery and such, the copyright is automatically there when it is first exists. But don't quote me on that. XD
Reply
:iconbeatblack:
beatblack Featured By Owner Aug 6, 2012   Artisan Crafter
luckily I live in Canada and the law here regarding copyrights are that its owned as soon as you make something. No one can buy it from under me. If Hot Topic did buy the copyright I could easily prove I owned it first and their copyright would be nothing but a useless piece of paper and a waste of space on a database.

They are acknowledging the similarities (and differences) and working with me so far. Another good thing about copyright infringement is the similarities hold more weight than than differences. I'm feeling confident so far. I really appreciate the comment :heart:
Reply
:iconcarakhan:
CaraKhan Featured By Owner Aug 6, 2012  Professional Digital Artist
Technically that rule exists in the US as well, but lawyers prefer to work with people that own copyrights.
It was really messed up but they wouldn't even give me the time of day even though I said I had proof that I
had the image for so many years and the original file, they just wanted the governmental proof.
And in my case they also gave me crap about the differences, they just kept saying "is it an exact copy" and when
I said they added embellishments but that it was a trace (I even created a gif of my art fading on top of theirs) they
just kept saying "well if it has differences then its not a copy". Like wtf? Huge blow to my feelings as a professional
artist.
I'm really glad they're working with you, just as someone in the US who's been through it as well I just wanted to throw
it out there that people should make sure they have all their legal bases covered for the easiest time possible in court.
Hope you get yours!
Reply
:iconbeatblack:
beatblack Featured By Owner Aug 6, 2012   Artisan Crafter
o wow, that stinks. Was it a lawyer you found or a lawyer for the person who stole your work? If you found him and the works are really similar I'd be tempted to get a second opinion.
Reply
:iconcarakhan:
CaraKhan Featured By Owner Aug 6, 2012  Professional Digital Artist
It was actually a specialized copyright lawyer for the arts in my state believe it or not :\ Gave me a real attitude
and made me feel like nothing was going to come of it. This was three years ago now and the product doesn't exist anymore
(my design ended up on a dept store tshirt). I was young and had no money so I needed someone to defend me on retainer and it
was going to be $1500 just to send a cease and desist so I just couldn't follow through. It was pretty depressing.
Reply
:iconbeatblack:
beatblack Featured By Owner Aug 7, 2012   Artisan Crafter
You mean the t-shirts aren't being sold anymore? Did you get a hold of a shirt or some visual evidence before they were done being sold in stores? I'm working on a little side project and I'll be looking for as many stories like this as I can find. If you do have any of this please please message me or email e at beatblack @ mail .com.

It really is heartbreaking that money had stopped you from defending your rights :(
Reply
:iconcarakhan:
CaraKhan Featured By Owner Aug 7, 2012  Professional Digital Artist
You know I did, but after three years of having the shirt seeing it made me so angry that I threw it out. Here's the original journal I wrote about it that has the gif:
[link]

I'm ok with it now, I'm just going to be much more diligent about owning my copyrights.
Reply
:iconbeatblack:
beatblack Featured By Owner Aug 8, 2012   Artisan Crafter
and more careful about the lawyers we talk to too. I saw someone that initially told me that they have a phrase for cases like mine... SOL (shit outta luck). Thank god for "You Thought We Wouldn't Notice" or else I would have given up.

I now know I got bad advice from someone who didn't care
Reply
(1 Reply)
:icontalty:
Talty Featured By Owner Aug 1, 2012   Artisan Crafter
:shakefist:

I don't even know what to say that won't get me banned off the internetz for being too rude. I'm glad to read that they're going to investigate it, but still...
Reply
:iconmonsterkookies:
monsterkookies Featured By Owner Aug 14, 2012  Professional Traditional Artist
Yeah, it's getting investigated, but I don't know how far it'll go. >_<
Reply
:icontheexplosivesushi:
TheExplosiveSushi Featured By Owner Aug 1, 2012  Hobbyist Writer
That really pisses me off. I'll be telling my 676 watchers about this.
Reply
:iconmonsterkookies:
monsterkookies Featured By Owner Aug 14, 2012  Professional Traditional Artist
Damn right!
Reply
:iconbeatblack:
beatblack Featured By Owner Aug 1, 2012   Artisan Crafter
i'm sorry it pisses you off but i am also very thankful for you help :heart:
Reply
:icontheexplosivesushi:
TheExplosiveSushi Featured By Owner Aug 1, 2012  Hobbyist Writer
You're very welcome! I don't completely understand but I am able to sympathize. I'm a writer and I discovered that some bitch on Amazon copied and pasted my work to create E-books for Kindles. She was selling my stories for $5.50-7 a piece. Don't give up! We managed to get her in trouble and she's off the market! It was all thanks to tons of spam from people who spread the word around. :heart:

PS: Your flying curdle worm is FANTASTIC.
Reply
:iconbeatblack:
beatblack Featured By Owner Aug 4, 2012   Artisan Crafter
o wow, I'm glad this story has a happy ending. I keep hearing ones that weren't so great. I have a lot of confidence that this will be resolved and I don't plan to give up at all. And know if something like this ever happens to you again you have my back. thank you :)
Reply
:icontheexplosivesushi:
TheExplosiveSushi Featured By Owner Aug 4, 2012  Hobbyist Writer
Thank you so much! Keep fighting! I know you can win!
Reply
:iconbeatblack:
beatblack Featured By Owner Aug 8, 2012   Artisan Crafter
thank you for the confidence :heart: :)
Reply
:iconladyluck89:
LadyLuck89 Featured By Owner Aug 2, 2012  Hobbyist General Artist
OMGOSH!!! I am so glad you gave her the ding dong! :P
Reply
:icontheexplosivesushi:
TheExplosiveSushi Featured By Owner Aug 2, 2012  Hobbyist Writer
Me too XD I went on her products page and was like "Hello there, this is TheExplosiveSushi from Deviantart.com. You may know me as the girl you STOLE writing from and that you are NOW MARKETING. I just thought perhaps you would like to know what you're doing is illegal and that you are in the process of being reported to Amazon's copyright staff. Have a great day~"
Reply
:iconladyluck89:
LadyLuck89 Featured By Owner Aug 2, 2012  Hobbyist General Artist
Hahaha! Did she dump herself? :O
lol I am glad you got justice. Did you have to sue or anything silly like that? :(
Reply
:icontheexplosivesushi:
TheExplosiveSushi Featured By Owner Aug 2, 2012  Hobbyist Writer
XD no she got off herself because then I tacked on a second comment saying "Oh by the way, after the copyright report is over, you're probably going to be fined or possibly go to jail. Peace."
Reply
:iconladyluck89:
LadyLuck89 Featured By Owner Aug 2, 2012  Hobbyist General Artist
Hahaha! Good! No art theft here! No-ser-ree-bob! :D
Reply
:iconquill-of-wonder:
Quill-of-Wonder Featured By Owner Aug 1, 2012  Hobbyist General Artist
Asked Anonymous to help. Maybe something'll come of this. And besides, this isn't the first time Hot Topic's done something like this. They seem to make a regular habit of doing it.
Reply
:iconmonsterkookies:
monsterkookies Featured By Owner Aug 14, 2012  Professional Traditional Artist
Yeah, I know what you mean. Constant thievery!
Reply
:iconsmileyvamp:
SmileyVamp Featured By Owner Aug 1, 2012  Hobbyist General Artist
If you look at the brain pattern on both, that detail is even shockingly similiar
Reply
:iconmonsterkookies:
monsterkookies Featured By Owner Aug 14, 2012  Professional Traditional Artist
Yes. Very!
Reply
:icontheonemarina:
TheOneMarina Featured By Owner Aug 1, 2012  Hobbyist Artisan Crafter
Reply
:iconmonsterkookies:
monsterkookies Featured By Owner Aug 14, 2012  Professional Traditional Artist
Nice. Thank-you! :D
Reply
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