sin
New Member
Posts โข 614
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February 2013
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johnnyh
Junior Member
Posts โข 4,492
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March 2011
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Artist sues American Eagle for infringement , by johnnyh on Aug 2, 2014 3:17:19 GMT 1, Cheers for that Sin...that's really interesting and will be very int if it does not get settled in advance. Could provide an important ruling for the artists relating to street work thx for posting a very good read
Cheers for that Sin...that's really interesting and will be very int if it does not get settled in advance. Could provide an important ruling for the artists relating to street work thx for posting a very good read
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darwin
New Member
Posts โข 193
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April 2013
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Artist sues American Eagle for infringement , by darwin on Aug 2, 2014 8:56:13 GMT 1, Fascinating website - thanks for that. Read the piece about Manuel Noriega suing the makers of Call of Duty with interest too.
I have no idea how this will play out. Perhaps American Eagle will try to settle without going to court?
Fascinating website - thanks for that. Read the piece about Manuel Noriega suing the makers of Call of Duty with interest too.
I have no idea how this will play out. Perhaps American Eagle will try to settle without going to court?
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thomasmer
Junior Member
Posts โข 1,107
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July 2014
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Artist sues American Eagle for infringement , by thomasmer on Aug 3, 2014 16:04:37 GMT 1, They seriously took the piss with this, models pretending to paint his pieces.
They seriously took the piss with this, models pretending to paint his pieces.
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Mark Perronet
Artist
New Member
Posts โข 197
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October 2009
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Artist sues American Eagle for infringement , by Mark Perronet on Aug 3, 2014 21:30:25 GMT 1, Absolutely...but did they infringe copyright, it is an interesting one. I would have thought its quite a big deal whether he painted on the wall with or without permission. if it is without permission he, the artist has no copyright claim, in the UK anyway. with permission I would have thought he does, but the mural is in a public space. You can take pics, from a public footpath/highway, of privately owned buildings and own the copyright in the pictures, so i imagine you can take pics of an artwork and own the copyright in the pics. But I dont think that necessarily means you can do whatever you want with them. Hope we find out what happens, but if settled out of court, as darwin 'Crimson King' says we prob will never know.
Absolutely...but did they infringe copyright, it is an interesting one. I would have thought its quite a big deal whether he painted on the wall with or without permission. if it is without permission he, the artist has no copyright claim, in the UK anyway. with permission I would have thought he does, but the mural is in a public space. You can take pics, from a public footpath/highway, of privately owned buildings and own the copyright in the pictures, so i imagine you can take pics of an artwork and own the copyright in the pics. But I dont think that necessarily means you can do whatever you want with them. Hope we find out what happens, but if settled out of court, as darwin 'Crimson King' says we prob will never know.
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Deleted
Posts โข 0
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January 1970
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Artist sues American Eagle for infringement , by Deleted on Aug 3, 2014 21:43:14 GMT 1, I was speaking with my attorney a couple of months ago specifically regarding graffiti and copyright law (in the US). He said that the artwork isn't illegal, just the medium. So a risk of copyright infringement is there.
I was speaking with my attorney a couple of months ago specifically regarding graffiti and copyright law (in the US). He said that the artwork isn't illegal, just the medium. So a risk of copyright infringement is there.
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Mark Perronet
Artist
New Member
Posts โข 197
Likes โข 60
October 2009
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Artist sues American Eagle for infringement , by Mark Perronet on Aug 3, 2014 21:51:22 GMT 1, So the design isn't illegal but the paint is? An interesting point. US law is certainly different in some important areas regarding copyright.
So the design isn't illegal but the paint is? An interesting point. US law is certainly different in some important areas regarding copyright.
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johnnyh
Junior Member
Posts โข 4,492
Likes โข 2,102
March 2011
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Artist sues American Eagle for infringement , by johnnyh on Aug 4, 2014 2:31:01 GMT 1, It will almost certainly be settled out if court I would think. However the one thing that means it may not is if the artist wants the media from it more than the money.
He may push them to do the case for the media and having his name and art splashed all over the papers. AEO on the other hand will settle I would think. Big companies dislike court cases. He though gets the publicity regardless however the costs!!!
The legality of the wall/permission thing is really interesting as Mark says and copyright law is nowhere near as simple as it seems as it has lots of opportunities for usage.
It will almost certainly be settled out if court I would think. However the one thing that means it may not is if the artist wants the media from it more than the money.
He may push them to do the case for the media and having his name and art splashed all over the papers. AEO on the other hand will settle I would think. Big companies dislike court cases. He though gets the publicity regardless however the costs!!!
The legality of the wall/permission thing is really interesting as Mark says and copyright law is nowhere near as simple as it seems as it has lots of opportunities for usage.
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Deleted
Posts โข 0
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January 1970
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Artist sues American Eagle for infringement , by Deleted on Aug 21, 2014 12:52:20 GMT 1,
If a street artist photographs their art and puts it online on their website or page. That copyrights the art.
Also lots of street artists make sketches and drawings etc too.
This quote from the article reads like biased legal spin that coule be countered.
"commentators have suggested that illegal work is not subject to copyright protection because a work must be free from illegality. The basis for this requirement is that no one should profit from his or her wrongs."
If a street artist photographs their art and puts it online on their website or page. That copyrights the art.
Also lots of street artists make sketches and drawings etc too.
This quote from the article reads like biased legal spin that coule be countered.
"commentators have suggested that illegal work is not subject to copyright protection because a work must be free from illegality. The basis for this requirement is that no one should profit from his or her wrongs."
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daveart
New Member
Posts โข 940
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February 2008
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Artist sues American Eagle for infringement , by daveart on Aug 21, 2014 14:22:45 GMT 1, The artist in question pretty much does the same design in every piece i have ever seen. and there are pieces for sale in the Shienbaum gallery literally a block or so from the outdoor pieces. So AE would also have to argue they only saw the design in illegally painted places and never saw the paintings, prints, etc where the artist was obviously selling the same design legally. It is really silly tragic that a big company couldnt pay an artist a reasonable sum to participate - or give them the option to not participate - in a campaign like this. it would be a paltry sum of money for AE compared to their normal crap advertising that shows up everywhere. This guy is selling canvases for 5K or something. you would think he would be pretty jazzed to get a million bucks for a massive ad campaign with proper recognition that would elevate his career faster and farther than he probably ever imagines... and now they just have a big mess. i hope heads roll at AE .Someone missed a good opportunity for a feel good story and some great images. and they probably paid a milliion bucks to some NYC add agency to hold big meetings and wear fancy shoes and would never apparently think to give a million bucks to an actual artist. ok. end of rant. 
The artist in question pretty much does the same design in every piece i have ever seen. and there are pieces for sale in the Shienbaum gallery literally a block or so from the outdoor pieces. So AE would also have to argue they only saw the design in illegally painted places and never saw the paintings, prints, etc where the artist was obviously selling the same design legally. It is really silly tragic that a big company couldnt pay an artist a reasonable sum to participate - or give them the option to not participate - in a campaign like this. it would be a paltry sum of money for AE compared to their normal crap advertising that shows up everywhere. This guy is selling canvases for 5K or something. you would think he would be pretty jazzed to get a million bucks for a massive ad campaign with proper recognition that would elevate his career faster and farther than he probably ever imagines... and now they just have a big mess. i hope heads roll at AE .Someone missed a good opportunity for a feel good story and some great images. and they probably paid a milliion bucks to some NYC add agency to hold big meetings and wear fancy shoes and would never apparently think to give a million bucks to an actual artist. ok. end of rant. |
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Deleted
Posts โข 0
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January 1970
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Artist sues American Eagle for infringement , by Deleted on Aug 21, 2014 14:41:48 GMT 1, Big corps don't seem to care about being sued and would often check out the person beforehand to see if they are big enough (fiancially etc) to make problems.
Their attitude seems to be use the images in the ad campaign which is often only a few days and ignore any complaints made by people untill litigation.
Having said that they must employ some very unimaginative people in their ad department.
Big corps don't seem to care about being sued and would often check out the person beforehand to see if they are big enough (fiancially etc) to make problems.
Their attitude seems to be use the images in the ad campaign which is often only a few days and ignore any complaints made by people untill litigation.
Having said that they must employ some very unimaginative people in their ad department.
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