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Lest you think that this is some oddity that does not happen in the US it is an issue in Portland, OR. The Portlandia statue [1] sitting in public display and o

Lest you think that this is some oddity that does not happen in the US it is an issue in Portland, OR. The Portlandia statue [1] sitting in public display and on a public building. The artist retains copyright. Raymond Kaskey, the sculptor, sued the studio that made Body of Evidence which used the statue in the background of some shots and won. While I can understand the artist's desire that the work of art is respected and the high likelihood that chotchkies and such would not pay to use the likeness. It is at conflict with fair use and parody. [1] https://en.wikipedia.org/wiki/Portlandia_(statue) https://en.wikipedia.org/wiki/Portlandia_(statue)

doctorOb 11y ago
Something similar happened to Naughty Dog, when they used the MBTA Map in "The Last Of Us"[1]. [1] http://transitmap.net/post/53696766419/boston-theft http://transitmap.net/post/53696766419/boston-theft
awinter-py 11y ago
Sony had issues when filming the first spiderman movie; they had to pay likeness rights to landmark buildings (chrysler building, I think) and also had legal trouble over digitally replacing the ads in time square.
ashmud 11y ago
The Devil's Advocate had a statue that resembled another artist's work. Some of the home releases had the statue edited as a result of the legal case. https://en.wikipedia.org/wiki/The_Devil's_Advocate_%281997_film%29#Legal_problems https://en.wikipedia.org/wiki/The_Devil's_Advocate_%281997_f... Comparison of the edits: http://www.movie-censorship.com/report.php?ID=4057 http://www.movie-censorship.com/report.php?ID=4057
dublinben 11y ago
Any art paid for with public funds should be in the public domain. It seems like an unfortunate oversight that the artist was allowed to retain copyright here.
- brashrat 11y ago
  yes, and for that matter, any art placed in public spaces as well. Tourists LO VE to take their pictures while climbing on friendly statues from New York Philadelphia to Indiana. (where do i learn how to format html for these submissions? i need linebreaks and italics.)
- dalke 11y ago
  There are many ways around that. Instead of buying the artwork, it could be on a 99 year lease. Or a museum wins a bid to host the artists exhibition for 10 years. Another question - is there some threshold which triggers the switch to public domain? Eg, if the public pays for 10% of the cost, through taxes, and private donators pay for the rest, then is it still placed in the public domain? I agree - I think the Portlandia case should not have let the artist keep that restriction on use. But I think it should be done as part of the contract, rather than a blanket rule that any public funds => public domain.
- 13of40 11y ago
  So as an artist, I should do a background check on all of my clients, lest I accidentally receive public funds and lose rights to my art.

doctorOb 11y ago

Something similar happened to Naughty Dog, when they used the MBTA Map in "The Last Of Us"[1]. [1] http://transitmap.net/post/53696766419/boston-theft http://transitmap.net/post/53696766419/boston-theft

awinter-py 11y ago

Sony had issues when filming the first spiderman movie; they had to pay likeness rights to landmark buildings (chrysler building, I think) and also had legal trouble over digitally replacing the ads in time square.

ashmud 11y ago

The Devil's Advocate had a statue that resembled another artist's work. Some of the home releases had the statue edited as a result of the legal case. https://en.wikipedia.org/wiki/The_Devil's_Advocate_%281997_film%29#Legal_problems https://en.wikipedia.org/wiki/The_Devil's_Advocate_%281997_f... Comparison of the edits: http://www.movie-censorship.com/report.php?ID=4057 http://www.movie-censorship.com/report.php?ID=4057

dublinben 11y ago

Any art paid for with public funds should be in the public domain. It seems like an unfortunate oversight that the artist was allowed to retain copyright here.

brashrat 11y ago
yes, and for that matter, any art placed in public spaces as well. Tourists LO VE to take their pictures while climbing on friendly statues from New York Philadelphia to Indiana. (where do i learn how to format html for these submissions? i need linebreaks and italics.)
dalke 11y ago
There are many ways around that. Instead of buying the artwork, it could be on a 99 year lease. Or a museum wins a bid to host the artists exhibition for 10 years. Another question - is there some threshold which triggers the switch to public domain? Eg, if the public pays for 10% of the cost, through taxes, and private donators pay for the rest, then is it still placed in the public domain? I agree - I think the Portlandia case should not have let the artist keep that restriction on use. But I think it should be done as part of the contract, rather than a blanket rule that any public funds => public domain.
13of40 11y ago
So as an artist, I should do a background check on all of my clients, lest I accidentally receive public funds and lose rights to my art.