Artist Sues Photographer For Transformative Photo Of Public Artwork, Even Though Photographer Took Down The Photo
from the step-on-this dept
A whole bunch of you sent over yet another story of copyright law gone wrong. An artist named Jack Mackie, who created a piece of artwork made up of bronze shoeprints buried in a sidewalk in Seattle (I'd post a picture, but we'd probably get sued) apparently got upset that a photographer took some photos of it. Remember, it's on a sidewalk. In a public place. And it's a piece of artwork, so people are going to take photos. In this case, the photographer, Mike Hipple, took a photo that was a clear transformative work, rather than a straight copy. The photo, which you can see here, featured someone's feet standing on the art installation -- something you would imagine makes a lot of sense as a commentary on the artwork (since the work itself is of of shoeprints). Cool, right? Not according to Mackie. Hipple posted the photo to a stock photo website -- which does no damage whatsoever to Mackie's work -- and should only call more attention to it. No matter, Mackie sent a legal nastygram. But here's the thing: Hipple complied. He took down the photo and erased it. He no longer has a copy of it. So he complied with the nastygram.And Mackie sued anyway. He actually waited a year, and then sued, even though the photo had been gone since just a few days after the nastygram was sent. It seems like this should be a clear transformative use. It wasn't just a photo of the artwork, but added a different element that acted as a bit of commentary on the work itself. It's hard to see how this would have even the slightest negative impact on the actual work or the artist. This is just the sort of ridiculous situation that arises when people are told that they "own" something that cannot be owned.
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Filed Under: artwork, copyright, jack mackie, mike hipple, photography, transformative
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Questions
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My solution
and I would send a large print to Mackie.
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Re: Questions
i don't think the issue is the validity of the claim of copyright. the sculptor sent the letter and the photographer complied.
i think the issue here is the dickmove of suing even after the photographer complied.
i think some ambulance chaser convinced the sculptor that he could settle out of court for some fraction of the suit. after all, the photographer already caved once, why not squeeze him again for some money?
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I get more depressed everyday...
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Ouch
I like the sculpture of the people waiting for a bus that stands on a corner in the Fremont District right in front of an outstanding Greek restaurant. the one with a dog with a mans face. I always thought it was an homage to the movie "The Body Snatchers" but I had that wrong, oh well I like my thought better.
http://www.seattlepi.com/getaways/101096/intr30_top.html
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Anyone remember Barry Bricklin?
Just look at Disney,,, The original drawings of Mickey Mouse have been around for almost 80 years and are no longer being used by the Disney corporation itself. Yet they have no problem suing anyone that tries to use them.
"Hey,,, That art looks just like something I drew on the sidewalk with chalk almost 60 years ago,,, I think I'll sue the artist,,, LOL"
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Yes - there was a really bad court decision a few years ago that established that particular piece of stupidity.
If I was the city of Seattle I would get a man in with a pneumatic drill and destroy it. They have the right to do that.
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In this case, he doesn't own the copyright anymore isn't it?
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Re:
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A derivative or transformative work?
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Easy to reproduce the "infringing" content
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Just thinking
This would just leave pics of naked people in empty rooms. I'm ok with that.
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What about Google streets? Do they pay everyone who has their artwork photographed? I see a new business model:
1. paint pictures (Don't spend a lot of time on this step, since the quality of the art is not important, just make sure it's your own work)
2. display them on a public sidewalk and wait for the Google Van
3. Sue google for a few million, settle for 5 or 6 hundred thousand.
Consider this too, I've recently seen pictures of some artwork made from old tires. I'm sure the design of those tires belongs to someone. Should the tire companies sue? Sure the artist transformed them into something else, but a photograph is not a sculpture is it?
The entire idea that someone else can own the copyright on photos you take in public is absurd.
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Hey Jack, ever hear of cutting off your nose to spite your face?
I know one person who would never consider being interested in this person's work ever: MYSELF.
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Mount Rushmore.
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Private public owned open spaces.
People should be careful as there is some "open spaces" that look public but are not.
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Lost and Found.
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warhol
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Mackie is an idiot
What happens to all the pretty photos of the Space Needle? Can the space needle start suing artists and say that only the space needle can sell pictures of the space needle? What happens to coffee table books? If a photographer creates a photo book of Seattle, can he be sued if there are any photos of public art in his book?
And while I understand the photographer got $60 for the photos, he did comply with Mackie's original request to take down the photo. Mackie is just being an idiot, and I would encourage Seattle residents to write a letter to the Arts Commission and encourage them to NEVER do business with Mackie again.
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Apparently the state of the current economy has hit Mackie hard and he needs to find a stream of income (the law suite). Or, maybe his work sucks and he can no longer afford to support himself since nobody wants his rehashed art work from generations past.
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Jack Mackie
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steps
Someone do us all a favor, peal these out of the sidewalk and mail them back to mr Jack Mackie. That kind of narrow thinking we don't need.
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Overreaching
What reason does anyone have to seek his permission before showing it to people who may never visit Seattle? What possible reason does the state have in enforcing such draconian laws? I think if this other artist made, or was attempting to make, money off the work without any modifications it would be a different story, but I guess I'm just not seeing the harm in combining your work with others to make something better, which is exactly like what Jack did here.
Jack lives in a time without the internet, and worries that the public art he created on a public sidewalk may be distributed to people who...he didn't authorize their consumption. What worse? The law is on his side.
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Jack Mackie and Copyright law
We really need to change copyright law. It's not at all what it was intended to be. In fact, the intent of the constitution wasn't to ensure revenue for the artist at all. The founding fathers were more concerned with the general welfare of the people and the advancement of science, as the constitution reads "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Rights to their respective Writings and Discoveries".
Clearly this kind of lawsuit does nothing to promote the progress of science and the useful arts, it only serves to cost taxpayers and citizens money while some knee jerk asshole tries to squeeze people for money and control something that was paid for by the public, and displayed in public.
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Mackie sues the Seattle Orchestra
http://cases.justia.com/us-court-of-appeals/F3/296/909/559842/
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slimy greedy jackie mackie
What a jerk. Tell you what, if I was involved in commissioning public art in Seattle, Mackie wouldn't see another penny of public money.
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