Have a Heart, Hot Topic!
ATTORNEYSCOTT COMMENTARY:
Copyright infringement cases relating to jewelry are on the rise, with retailers attempting to make an extra buck by having cheaper knock-offs made of trendy pieces they see in boutiques, magazines, or around town, and then selling those copies to the public. The sine qua non in such a case is substantial similarity, as any attorney with brains can tell you. Mmmmm, brains.
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update: Hot Topic has pulled their necklaces from online and apparently from sales floors while they "investigate"
Dear YTWWN:
I'd love some outside opinions on this one. I've been making these I Heart Brains Best Friends Necklace Sets since 2010. Soon after posting them they were featured in a variety of different places online and I ended up with orders my two hands couldn't keep up with. This is the first green set I sold:
and hot topics recent version of the same thing:
The part that gets me the most is there are many ways to make brains and the way I've specifically chosen to do them isn't the same as a real brains texture. It's a technique I use because of my medium of polymer clay, which is not the medium they've used. It feels like a copy to me and even gave my guts a churnin' once I stumbled on them. After contacting hot topic and getting no response, I was wondering what others might think
August 1st, 2012 - 18:28
what a bunch of fucking WANKERS that is clearly a RIP OFF of your work !!! give em hell!!
August 1st, 2012 - 18:49
I’ve come to browse sites like etsy etc., for ooak-designers. I like to follow the one who was first with an original concept but it’s becoming more difficult. I wish that it was easier to keep track of what’s what but its certainly not easy.
I get alot of ideas from design sites, but I can’t understand the step from making things that are based on someone elses idea and SELLING them. How despicable can you really be!
August 1st, 2012 - 20:12
Id rather buy from ht because that is not worth $40 at all.
August 1st, 2012 - 20:16
This definitely looks like a complete ripoff. So sad large companies like that play so dirty and then don’t give you the time of day, when really you’re the one designing their products, eh?
August 1st, 2012 - 20:22
It’s completely disgusting how large companies rip artists off like this and steal their ideas. I’m outraged. I know the hard work, money, and heart it takes to put into your art. And I’d MUCH RATHER spend $40 on the original necklace then some crappy Hot Topic necklace because I know yours is quality and the work an artist puts into a single handmade piece is more than worth it to me.
August 1st, 2012 - 20:39
You realize hot topic buys from a third party in most situations right? Be mad at that 3rd party that ripped off your shit if you are going to be mad at someone. In all honesty though, it is the way of the world. If it wasn’t hottopic it would be mod clothe, or forever 21 or someone else. Anyone who is willing to buy it from them wouldn’t be willing to pay the price you as asking for it, be happy for a customer base that will stay loyal to you.
August 1st, 2012 - 21:05
People saying her art isn’t worth what she charges has never made anything with clay. It’s not easy… I picked it up because of her i loved it and it’s so time consuming.
HT stuff will break easily and is cheaply made. I stand behind her 100% and hope they stop selling ripoffs…
August 1st, 2012 - 21:20
Gee Darko, why don’t YOU attempt to create or design a single one of those cheap bits of plastic you rather buy from some factory in China. Oh don’t worry about the toxic paints they use and that the factory gives the workers one day off out of 21 days and pays them less than our minimum wages! We really don’t need your support after all, buy what’s cheapest for you and you can throw your money out with it ! Have a sun shinny day!
August 1st, 2012 - 22:26
Think about its not hot topic who makes the product. Hot topic is a chain store like Safeway and walmart. And you know how they all sell different brands its not hottopic’s fault its the designers of the brand company. Yes I do believe it is a ripoff but did you copyright your work?
August 1st, 2012 - 23:30
I think it could be a knock off but there are people who will want quality original art and will buy yours and there are people who probably wouldn’t have bought yours anyway who will like the cheap version. They probably should have given you something for the idea tho.
August 2nd, 2012 - 02:06
Chloe has made a good point. Those who want a high quality original art will buy from you and those who want cheap goods won’t. Do a marketing rip of their rip- off. Position your necklace as the original and theirs as a cheap sweat shop imitation. Your work looks much better than the knock-off. All the best to you. Cheers.
August 2nd, 2012 - 02:19
NO ONE should be able take credit for something that isn’t thiers! THIS IS VERY WRONG!!!
August 2nd, 2012 - 02:48
thank you for all the support… and even the opinions on the other side. you have no idea how much i appreciate them.
shynia, all my work is copyright the minute I make it. It’s true that they’re a chain store but its also true that it’s unethical to carry merchandise with designs that are stolen from anyone. Even hot topic will say they don’t want to be associated with that kind of thievery
August 2nd, 2012 - 05:09
frankly, yours looks way cooler AND it’s handmade, I dont know why they are even trying :/ what they are doing is complete bullcrap. Sorry that this happened to you, it should never happen
August 2nd, 2012 - 06:30
Most of the posts on this site are just people whining because someone else made something similar, as if they could copyright an *idea*. But in THIS case, they didn’t just copy the idea of a broken heart designed as brains, they copied specific details of your design – the same “brain loops” on each half of the heart. IMHO, that takes it from “inspired by” (and thus fair game) to “copied” (and thus a copyright violation).
See these copyright cases:
Fatboy Slim’s album photo rip-off of Ernst Haas “Sunset Silhouette”: http://business.highbeam.com/2025/article-1G1-93613520/getty-collects-fatboy-slim-infringement
http://www.kenrockwell.com/tech/copyright.htm
http://www.dpreview.com/news/2012/01/25/Imitated_Image_Copyright_Case
Koon’s sculpture rip-off of Roger’s photo of puppies:
https://en.wikipedia.org/wiki/Rogers_v._Koons
A key thing that protected Rogers and Haas that allowed them to successfully win their cases was that in each case copyright was “perfected” – registered with the LOC. If your design wasn’t registered within 90 days of when you first “published” your work, then you may not have the full protection copyright law provides, and thus not be eligible for punitive damages, and that greatly limits your ability to sue. (Suing for copyright infringement can be VERY expensive. If you can’t recover punitive damages you are likely to spend more in legal fees than you will recover. The game is loaded to benefit those who can afford big lawyers, those who are “small players” get screwed, unless they filed with LOC to perfect their copyright.) So while you may have lost the opportunity to sue for this particular infringement, you might want to think about taking steps to properly copyright your work going forward. For most artists, you can copyright a “collection” of multiple items in one filing, so if you file every 90 days (e.g. once every 3 months) then you only need to file 4 times a year to cover all your items.
August 3rd, 2012 - 03:36
I don’t know what you people are saying about blaming the 3rd party because I’m PRETTY SURE a store SHOULD be responsible for what they sell.
August 5th, 2012 - 07:52
Good info Tabby and I would say to keep trying to contact them, maybe have a lawyer give in a call and see if you can’t get something out of it. You never know, they might be cool. Although it is HT
August 8th, 2012 - 02:06
I can’t belive peole rip off like that…
UGH. Can I please get the true, I Heart Brains Necklace, THEN HIT THOSE RIP-OFFS OVER THE HEAD? Show them what real work feels like. >:I
August 10th, 2012 - 16:35
Funny thing is that the pattern is the same on both pieces. Which makes me wonder how that could happen (mold or maybe original author has bought pieces in China). As it is not stealing idea but actual work.
August 13th, 2012 - 12:37
A work is copyrighted the instant it is created, according to US copyright law.
August 14th, 2012 - 21:06
The Chinese are ruthless and care nothing of copyright laws. They buy an item on Etsy or another source and then mass produce the F&*K out of it. Hot Topic I ma sure did not know until they were contacted by the rightful original owner. Hot Topic should do the right thing and not carry these fakes and fraudulent copies of the artists original work.
August 20th, 2012 - 16:08
That is so horrible! They can’t do something like that! The original creator should get full credit. I would contact Hot Topics about it. If they don’t do anything, tell everyone to BOYCOTT the stores, and maybe then they’ll respond!
September 3rd, 2012 - 01:22
Can we start to remove comments like Darko’s comment above? He/She/It/Sheeit doesn’t say anything pertaining to the conversation’s topic, and is kind of a troll besides.
September 14th, 2012 - 01:35
Yours is better.
September 26th, 2012 - 15:55
I’d suggest that you talk to a “no win, no fee” lawyer about taking them on! In this case, you only pay a fee if you are successful but I am sure you would be in receiving some type of damages from HT. Your design looks much nicer and at $20 a pop for each necklace, is pretty darn reasonable. Good luck with it!
October 9th, 2012 - 07:14
I say, find out who the buyer and supplier is, and send them a bill. That is straight up YOUR design in their picture.
October 10th, 2012 - 09:23
Even the brain lines are identical to the original, it’s a clear copy.
October 25th, 2012 - 13:01
I’m just checking your Etsy site and I’m speechless. Love your art work. You have a new fan.
January 21st, 2013 - 08:34
The funny thing about Hot Topics jewelry? Most of it contains LEAD, even their new “Blackheart” stuff. It’s cheaper because it’s made with extremely cheap materials, where yours are actually made with legitimate, quality materials.