oh go suck a fuck, gazette fandom
Not cool, not funny.
Reasons why: One, fan's artwork. And before you go BUT ISN'T IT AWESOME SHE GETS RECOGNITION. No. Why? Because New Look just ripped off her image. She's not going to get any fucking recognition. She's not going to get any fucking profit. Hell, she'll get reported for stealing an image she reproduced even though she reproduced it first long before New Look decided to just pluck it off her dA account. And people wondered why some artists don't use deviantART. There you fucking go. And deviantART. Will not. Do shit. About your stuff being stolen. They'll just go 'herp derp, it's the internet, not our problem.' Especially towards someone like Kyunai since she's not a subscriber, not particularly well-known. It'd be massively different if it was someone who brought profit to their site.
Two, New Look and Kyunai would simultaneously get in trouble with Shoxx since, well, Shoxx is a magazine company. They most likely have their own lawyers and copyright lawyers so they'll know their shit front to back when it comes to copyright infringement. Reproduction of a copyrighted image does count as copyright infringement (yes, even in the production of fan art - it still technically counts and that's why when you go to comic or anime cons, there are some artists who're really disinclined to produce fanart, or at the least, do not display it. Because, depending on who you are - fanart can be considered illegal.) Best way to really describe it:
Fanart of Fictional Things: No matter how you slice it, fanart of fictional things (save for mythical folklore, religious imagery and the like) is illegal. Drawing something of Edward Cullen, Mickey Mouse, some obscure cartoon on the television - is still technically illegal. It's reproduction of a coprighted and/or trademarked image. Most people don't make fanart the legal way, which is to go up to the lawyers of whatever you're trying to reproduce and ask 'Hey, can I ask for rights? I'll pay you a certain fee and promise a specific amount of royalties.' Namely because people aren't doing fanart for a profit - usually - so there'd be no point in asking if it's okay and it's just better to keep it hush hush.
Fanart of Actual Persons: This one's a little sticky since people generally cannot copyright themselves or another person (or technically you can if you're the face of a company such as Disney - Disney Channel stars - or bands owned by a label such as PSC, Sony, etc.) Generally what a lot of Jrock fanartists do isn't copyright theft until they reproduce an image from a magazine (which has a copyright.) So little illustrations, while cute, funny, gross, or downright obscene, generally have as much copyright infringement as a political cartoon. They can really only be sued for slander, and even then, it has to be coming from someone with a considerable amount of power - or a large group of people that the masses consider "dangerous."
My grip on copyright law may be completely left field or out of touch with everything, someone please correct me.
Three, back to the issue of profit. The Gazette themselves will not get any profit off of this. Again, New Look is profiting off a fanartist's work by going 'Oh, it's some punk girl. Let's slap it on a shirt.' (Oh Uruha, when will you learn?) Now, there's a chance they may if Shoxx and PSC gets involved, but I have no idea if they plan to or will - they most likely will since PSC likes money and an opportunity to get money would be fabulous for them.
For Anyone Not In Gazette_Media: Apparently the writer edited their post (oh fucking classy.) Teal deer: Fanartist posts old Shoxx fanart of Uruha on her dA account. Lazy New Look designer decided not to make their own shit and trounce around dA for spoils and found Fanartist's drawing and proceeded to just slap it on a shirt. Fan found it, thought it was funny; artist community not impressed by bullshit. Artist community proceeds to mail New Look (and Shoxx) and tell them what's what - Fanartist is in the process of talking to New Look to get shit settled. We'll see what happens next.
To Gazette Fandom: Oh I see how it is. You'll flip your shit over Ruki having a case of laryngitis (you know, something pretty common in hard rock singers) and carry on like it's fucking throat cancer. But when someone's getting fucked over, whether it's a fellow fan or someone not your precious gazetto-sama, it's like 'Lol, let's laugh at their shit situation and reap the spoils for it lololol.' Congratu-fuckin'-lations, dickwads, go fuck yourselves.
tl;dr - think a little before going OOH NEW SHIRT WITH URUHA-SAMALAMA ON IT.
jesus fucking christ.
Reasons why: One, fan's artwork. And before you go BUT ISN'T IT AWESOME SHE GETS RECOGNITION. No. Why? Because New Look just ripped off her image. She's not going to get any fucking recognition. She's not going to get any fucking profit. Hell, she'll get reported for stealing an image she reproduced even though she reproduced it first long before New Look decided to just pluck it off her dA account. And people wondered why some artists don't use deviantART. There you fucking go. And deviantART. Will not. Do shit. About your stuff being stolen. They'll just go 'herp derp, it's the internet, not our problem.' Especially towards someone like Kyunai since she's not a subscriber, not particularly well-known. It'd be massively different if it was someone who brought profit to their site.
Two, New Look and Kyunai would simultaneously get in trouble with Shoxx since, well, Shoxx is a magazine company. They most likely have their own lawyers and copyright lawyers so they'll know their shit front to back when it comes to copyright infringement. Reproduction of a copyrighted image does count as copyright infringement (yes, even in the production of fan art - it still technically counts and that's why when you go to comic or anime cons, there are some artists who're really disinclined to produce fanart, or at the least, do not display it. Because, depending on who you are - fanart can be considered illegal.) Best way to really describe it:
Fanart of Fictional Things: No matter how you slice it, fanart of fictional things (save for mythical folklore, religious imagery and the like) is illegal. Drawing something of Edward Cullen, Mickey Mouse, some obscure cartoon on the television - is still technically illegal. It's reproduction of a coprighted and/or trademarked image. Most people don't make fanart the legal way, which is to go up to the lawyers of whatever you're trying to reproduce and ask 'Hey, can I ask for rights? I'll pay you a certain fee and promise a specific amount of royalties.' Namely because people aren't doing fanart for a profit - usually - so there'd be no point in asking if it's okay and it's just better to keep it hush hush.
Fanart of Actual Persons: This one's a little sticky since people generally cannot copyright themselves or another person (or technically you can if you're the face of a company such as Disney - Disney Channel stars - or bands owned by a label such as PSC, Sony, etc.) Generally what a lot of Jrock fanartists do isn't copyright theft until they reproduce an image from a magazine (which has a copyright.) So little illustrations, while cute, funny, gross, or downright obscene, generally have as much copyright infringement as a political cartoon. They can really only be sued for slander, and even then, it has to be coming from someone with a considerable amount of power - or a large group of people that the masses consider "dangerous."
My grip on copyright law may be completely left field or out of touch with everything, someone please correct me.
Three, back to the issue of profit. The Gazette themselves will not get any profit off of this. Again, New Look is profiting off a fanartist's work by going 'Oh, it's some punk girl. Let's slap it on a shirt.' (Oh Uruha, when will you learn?) Now, there's a chance they may if Shoxx and PSC gets involved, but I have no idea if they plan to or will - they most likely will since PSC likes money and an opportunity to get money would be fabulous for them.
For Anyone Not In Gazette_Media: Apparently the writer edited their post (oh fucking classy.) Teal deer: Fanartist posts old Shoxx fanart of Uruha on her dA account. Lazy New Look designer decided not to make their own shit and trounce around dA for spoils and found Fanartist's drawing and proceeded to just slap it on a shirt. Fan found it, thought it was funny; artist community not impressed by bullshit. Artist community proceeds to mail New Look (and Shoxx) and tell them what's what - Fanartist is in the process of talking to New Look to get shit settled. We'll see what happens next.
To Gazette Fandom: Oh I see how it is. You'll flip your shit over Ruki having a case of laryngitis (you know, something pretty common in hard rock singers) and carry on like it's fucking throat cancer. But when someone's getting fucked over, whether it's a fellow fan or someone not your precious gazetto-sama, it's like 'Lol, let's laugh at their shit situation and reap the spoils for it lololol.' Congratu-fuckin'-lations, dickwads, go fuck yourselves.
tl;dr - think a little before going OOH NEW SHIRT WITH URUHA-SAMALAMA ON IT.
jesus fucking christ.