Artists and Ownership…Really?

posted by ElaineBW @ 17:20 PM
March 25, 2009

I have been aware for a long time of the laws governing copyright and imagery for artists. When artists create a work involving an image of a known person, they trade on that person’s notoriety.  Generally speaking, an artist is allowed to create one original work with this kind of subject matter and it falls under the description of ‘Artistic Interpretation’.  Any other subsequent copies, etc…makes the artist liable if the subject of their artwork disapproves.  Years ago, one of my galleries featured works by a print maker who had created a series on Wayne Gretsky.  Someone from Mr. Gretsky’s camp happened to see the show, and the next day the gallery was served with a ’seize and desist’ order.  Either the artist took the work down immediately, or handed over a hefty percentage of salesto Mr. Gretsky for using his image.   My husband has been in the entertainment business for his entire working life, and also feels guarded when it comes to having his picture taken while at work (he’s done all kinds of performing - TV, movies, stage, and is currently he is working as a clown for Cirque du Soleil).  I get this.  For some people - their image represents a large part of their livelihood.  What I don’t get — is the other side of the copyright issue for artists.  For example, where I live, the Olympic Committee has just sent out a public notice to all artists about what they can and cannot include in their art when the 2010 Winter Olympics are in town.   Really?  Since art is a fundamental form of expression is a democratic society, I find it odd that this outside body has so much power and control to dictate how local artists can express themselves in their own community.   A while ago, when the Olympics was first announced in Vancouver, it gave me the inspiration to create a few pieces about everyday atheletes, you know…the guys who never make it to this competition.  The piece featured here, and another are currently on display at the Vancouver International Airport.  The airport authorities were pleased to show these works once it was determined that they had passed all the guidelines - the same ones set out by the Olympic committee… not allowed:  the word ’Olympics’, the ‘rings’, etc… Really ??  Apparently, no one but the Olympic organization can apparently benefit from these ancient notions of community and competition.  What a shame…  REALLY!!! 

** (The word REALLY is in the Websters English Dictionary and is not owned by a multi corp… but the usage is a homage to the great SNL news!!  REALLY!!!)


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