Funny How A Little Public Pressure Makes Artist's Estate Back Down
from the sunlight-as-a-disinfectant dept
Last week, we wrote about the rather bizarre case of the estate of artist Roy Lichtenstein threatening a band for using an image for their album cover that was "appropriated" from the same original comic that Lichtenstein himself appropriated for one of his works. The whole thing was a bit confusing and demonstrated some of the more ridiculous parts of copyright law. Either way, all the talk about it -- including a lot of people mocking the Lichtenstein estate's position -- seems to have convinced the estate to backdown. Either that or they spoke to a lawyer and realized that the claim would have been pretty weak, given that Lichtenstein himself also copied the image. Perhaps next time the Lichtenstein estate will think twice before sending out a questionable threat letter.
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Filed Under: appropriation art, brittany pyle, copyright, david barsalau, elsinore, roy lichtenstein
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Funny... or not
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Back on topic, I think just exemplifies our shoot first and ask questions later mentality when it comes to litigation. People should apply the "think before you speak" adage to lawsuits too.
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Think Twice?
> before sending out a questionable threat letter.
Think twice?
Aren't you setting high hopes?
I'd be happy if they thought just once. :-)
The typical threat letters, of all kinds, seem to usually be thought about exactly zero times.
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Derivitive works
The lawsuits get interesting when one derivative influences another derivative work more then the original work did.
Gotta love lawsuits.
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Isn't this the way business is done?
It's nothing new and it not only affects Copyrights, it has bled over into Patents. Examining the patent for Second Life, which was a unique one of a kind program. I found that it was forced to rely on 17 other patents in order to be realized. Patents as obscure as the type of screen you viewed it on. It looked like a joke.
You can't create anything original anymore without someone holding a Copyright or Patent for part of your idea. It has literally made any creative endeavor for the normal person almost impossible to protect themselves. When you do have a good idea you wind up paying royalties to a bunch of companies that had nothing to do with your idea. But this is called competition and is healthy?
I am a songwriter and performer and have written and co-written several albums of music. But because I am indie and privately (self) published I get no protection from the RIAA or any other agency. I have copyrights and because I am not with the big 3 the RIAA could care less about me. But the Radio Stations my music is played on pays the royalties to ASCAP, BMI and SESAC. They collect the fees for my music but refuse to pay me unless I sue.
This system SUCKS WAZOO and is against the people. Any politician that supports this kind of tyranny deserves whatever the people do to them. The main problem is that the creative part of our society is very small and as such can be manipulated.
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Artists should revolt, but the big companies give them just enough money to keep them pacified while keeping the lion's share for themselves. I guess they think artists should just be happy making art.
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Teaching moment
It'll be interesting to see what happens when Shepard Fairey dies, and his offspring want a slice of his pie.
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