We’re happy to report that the Jess Fink vs Hot Topic brouhaha has been ended with a satisfying and righteous conclusion:
“I would like to first and foremost, appologize for this situation. It is very important to us to support artists and their ventures and it just makes my stomach turn when something like this happens. We in NO way would have written this artwork if we had known it was someone else’s design. We work with many vendors that sell us “generic” artwork and we put our faith in those vendors to not sell us stolen or immulated artwork.”
On top of this she offered that they would like to buy some of my designs.
Also from what she said I have a feeling no one is going to be buying anything from “NewBreedGirl” for a long time.
I don’t know if I will in fact do the designs for Hot Topic or not yet, but all I really wanted in the first place was for the shirt to not be sold and so I think I am satisfied with how this all turned out, and that I didn’t have to take it to court.
I hope this isn’t an anti-climactic ending for anyone, I am not going to blow up Hot Topic with a rocket gun or brake any one’s neck bones, but I think I am happy with it.
In yet another happy turn of events, Rachel Nabors has had a very successful fundraising to finance the extensive dental work she needs:
It’s official. We’ve raised at least $5,000 toward my jaw surgery! Let’s see, that either covers the braces or half of the surgery (provided it doesn’t involve widening the roof of my mouth). Last I checked tonight, we were at $5,588.04 USD. I still need to use part of that for shirts, but we’re over five grand! Wooooo!!! Check out that bar graph!
The word “immulated” caught my eye. I’m always trying to expand my vocabulary.
So I went to Webster’s on-line dictionary. Turns out that it is not a “word”, maybe it should be “emulated”.
And maybe I should be getting back to work now, ha ha
Great news for both creators! :)
yay!
It kinda sounds like she’s still getting screwed. They made money from a rip off of her artwork. She should get that money. But instead she gets a “sorry”.
Yep, she’s entitled to any profits made from ripping off her work. Whether they were aware of the lift or not, it doesn’t matter. Offering Jess the “opportunity” to work for them doesn’t quite cut it. It’s better than ignoring her complaint, though.
Actually, I think Threadless would be the one entitled to the money. It’s in their legal agreement that they are the ones who own your image outright when they make a shirt out of them.
“If your Design is selected for use by Threadless.com, you acknowledge that you assign to skinnyCorp LLC and its subsidiaries and affiliates (hereinafter collectively “Threadless.com”) the entire right, title, and interest in and to the copyright in your Design including the right to sue for past infringement and the right to further sublicense the Design, for its sole and exclusive use on and in connection with the Items. You also acknowledge that you waive all “moral” rights that you may have in and to your Design. “
I agree with James K — I don’t see how this is a win without some money and something in actual writing (not email).
And did that email actually come from the legal department at Hot Topic? “appologize”? “immulated”? Who is she corresponding with, the kid behind the counter at the local mall Hot Topic?