Posts Tagged ‘Art & Commerce’
Given our increasingly frequent discussions of the concept of “FAIR USE” in the art world, we at Supertouch thought now was a good time to reprint (using the article’s creative commons license) “Fair Use it or Lose it…” one of our favorite pieces of writing on the subject. Written by MARJORIE HEINS and published on the website of nonprofit action agency FAIR (Fairness & Accuracy In Reporting), the piece is an erudite discussion of the copyright and trademark issues crucial to the increasingly central “remix” culture that is a driving force in modern art and creative endeavors. HAVE A READ:
FAIR USE IT OR LOSE IT
Copyright owners’ threats erode free expression
By Marjorie Heins, Extra! May/June 2006
Tom Forsythe is an artist with a mission. In 1997, he created “Food Chain Barbie,” photographs depicting the iconic doll interacting with various kitchen appliances. The results—“Malted Barbie” and “Barbie Enchiladas,” among others—were intended, Forsythe said, “to critique the objectification of women associated with Barbie.”
Barbie’s manufacturer, Mattel, sued Forsythe for copyright and trademark infringement. Eventually, a federal court ruled for the artist, finding that “Food Chain Barbie” was protected as a “fair use” under both copyright and trademark law. The court explained that there are great public benefits to allowing critique of cultural icons. Letting Forsythe use Barbie’s image encourages “the very creativity” that is at the heart of copyright law.
This was a success story for free expression, but it cost four years of bruising litigation. Most people threatened with suit cannot afford the risk, the cost and the stress. (Forsythe was helped by pro bono counsel recruited by the ACLU.) Often, they cave in to “cease-and-desist” letters or legal threats, even though they might have a legitimate fair use defense.
Fair use is an essential part of intellectual property (IP) law, which includes the law of copyright and trademark. It allows anyone to copy part—sometimes all—of a work without permission, for purposes such as commentary, criticism, news reporting and education. The copyright law lists four factors to be considered in evaluating a fair use claim: the purpose and character of the use; the nature of the copyrighted work; the amount and importance of what was copied; and the effect on the market for the copyrighted work. There are also fair use and First Amendment defenses in trademark law. Read More
In a move seemingly made especially for the WTF?!? Files, mass market home furnishings retailer CRATE & BARREL has recently made available for sale an ink-on-canvas print of a photograph of the Coney Island snack shop signs hand painted by STEPHEN POWERS (aka: ESPO) back in 2005 as part of CREATIVE TIME‘s Coney renovation project, THE DREAMLAND ARTISTS CLUB. Shot by photographer ERIN CLARK, the image is available through the company’s “hip” CB2 imprint for the rock bottom price of $249 USD and comes signed by the photographer with a list of the Clark’s accomplishments printed on the reverse, yet curiously, no mention of Stephen Powers or the Dreamland Artists Club:
“Hot diggety dog. Armed with a camera and an appetite for nostalgia, artist and NY native Erin Clark captured this kitschy Coney Island summer tableau. Reproduced in ink on canvas and stretched on a wood frame for hanging. Artist signature; bio on back informs Clark’s work has been shown in various solo and group exhibitions.
Collectors take note: This one-time-only limited edition of prints will not be re-issued, so don’t miss out.
•A kitschy detail shot reminiscent of childhood summers
•Printed on high-quality canvas
HAVE A LOOK (and buyer beware): Read More
…Aired in Japan, only, of course. That kind of stuff doesn’t happen here.
NYC art legend and Supertouch buddy TOM SACHS has finally opened the doors to his ONLINE STORE just in time for (last-minute) holiday shopping. Featuring an offbeat array of such must-have items as the “Kill All Artists” T-shirt, Sach’s epic tome from his 2006 show at the Prada Foundation in Milan, old school “Tom Sachs” skate wheels, antagonistic “Nuke The Swiss” stickers, and white Bic lighters—many of which are produced in-house at the mad scientist artist’s downtown lab— the store is a one-stop-gift shop for that discerning art lover on your Kwanzaa list. HAVE A LOOK: Read More
Miami’s punk contingent went sleepless last week while the KILL YOUR IDOLS/PUNK IS EVERYTHING installation, sponsored by CONVERSE, “with love,” shook ART BASEL. A poignant tribute to the lasting vitality of underground punk culture, the exhibition was curated by author, artist, and punk historian BRYAN RAY TURCOTTE, whose books “Fucked Up and Photocopied” and the newly-published “Punk is Dead, Punk is Everything” are virtual textbooks of punk art over the years. Classic punk flyer imagery from Turcotte’s books formed the foundation of the exhibition’s visuals (and the exhibition’s tear-away wallpaper) and was augmented by a show of original photographs by lenswoman EILEEN POLK who captured early visions of everyone from the Dead Boys and The Clash, to The Misfits and The Ramones, in her 30+ year career. Nightly entertainment in the form of live music by punk upstarts like THE BRUTAL KNIGHTS, MATT & KIM, NODZZZ, CAUSTIC CHRIST, SEX/VID, and HEX DISPENSERS, to name a few kept the crowd sweaty till morning, while old school Chuck Taylor product tosses kept everyone’s feet on the ground. HAVE A LOOK: Read More
Reclusive art star and loyal MoCA supporter MARK RYDEN has just released his most unusual and expensive print to date in an effort to raise funds for the financially struggling LA art institution. Titled “Silence,” and echoing the visual style of traditional Eastern landscape painting, the 24″ x 18,” eleven-color fine serigraph is a perfect reproduction of a new Ryden painting created especially for this exclusive print. Meticulously crafted by the fine print-makers at PRESSURE PRINTING using carefully dyed and aged handmade paper from Bhutan “Silence” is embossed with a beautifully hand-sculpted bee and printer’s chop. The edition of 50 framed pieces is numbered and signed by Mark Ryden and includes a certificate of authenticity. Available for $6,000 per print with all proceeds directly benefiting MoCA, the piece can be obtained only by contacting MoCA support programs manager Michelle Bernardin at 213-633-5318, or firstname.lastname@example.org. HAVE A LOOK: Read More
Amidst the stratospherically-priced (though slightly—and only slightly—less so this year) art baubles on display at ART BASEL, perhaps the most affordable and visually rewarding souvenirs of the extravaganza are the artist-designed towels currently making the rounds poolside at the swank RALEIGH HOTEL. Priced at a measly (though not so much so these days) $50 bucks, the massive dryers seen here featuring art by RAYMOND PETTIBON and ED RUSCHA are our first picks among offerings by JEFF KOONS, KEHINDE WILEY, and ELIZABETH PEYTON, and can be ordered online now via WORKS ON WHATEVER…
Despite dire sales predictions, this year’s seventh annual installment of the hedonistic visual extravaganza known as ART BASEL is off to a well-paced, if not running, start with eye-popping offerings from artists like BARRY McGEE, TONY OURSLER, SHEPARD FAIREY, SWOON, OS GEMEOS, KARA WALKER, BASQUIAT, KEHINDE WILEY, and FENG ZHENGJIE, to name a few, around every turn. And when you can’t possibly look at another painting? Just head out to the beach for the real freakshow that is Miami. HAVE A LOOK: Read More
Just in time for Christmas shopping, London’s PICTURES ON WALLS has announced a new BANKSY print commemorating his Tesco mural in Shoreditch (now covered in protective plastic) is set to go on sale on December 6th. The signed and numbered silkscreen will be available—alongside a number of other prints we could care less about—via a lottery system whereby would-be buyers can purchase a lottery ticket for £1 GBP (up to 20 per person), with all proceeds going to Sight Savers, an international anti-blindness charity, that will ensure them a CHANCE to snag the actual print when it’s released. Unfortunately for international Banksy fans, tickets can only be purchased in person at POW. Winning consumers will be chosen randomly, and the first four names drawn get the print for free. Not a bad deal considering this thing might end up putting your kid through college someday (when people start buying art again)…
With the seventh annual installment of the reliably trashy and hedonistic art extravaganza known as ART BASEL set to officially kick off tomorrow, the economic crisis at large is bound to be the event’s show-stealer, inevitably drawing attention away from the naked late nite revelry and spending orgies of years past. Speaking to German news source SPIEGEL this week, MARC SPIEGLER, one of the fair’s two heads predicted, “most galleries will probably not break any records this year.” The report went on to detail the grim reality facing the fair’s thousands of international dealers this year as art movers try to make numbers in a time of global economic uncertainty. READ ON: Read More