Monday, April 1, 2013

Stolen Imagery



A story has been developing in Los Angeles where a store called HD Buttercup has enlarged a photo print of a street piece from Thank You X, and is now selling this print in the store for $3,000 (pictured above).

Thank You X says that he never gave the store permission to use the image, or sell it.  He is not pleased and X's lawyer has sent a cease-and-desist letter to the store to stop selling it.

There is not doubt that the image HD Buttercup is selling is the same shot as one that X stenciled on a dumpster (see pic below).  However, this situation is further complicated by the fact that the image at hand is a stencil picture of Andy Warhol.  It is based on an iconic photograph of Andy Warhol (not sure who took the original?).  Thank You X says that he drew a hand painted piece based upon the original photograph image and that his image is trademarked, but X does not have intellectual rights to the original image in the first place.

This situation has a lot of similarities to the case last year when Mr. Brainwash got sued by Glen E. Friedman when MBW used Friedman's iconic Run DMC photograph in an art piece without permission.  MBW lost the lawsuit because the judge ruled that Brainwash did not change the image enough.

So what's the moral of the story?  Its fucked up when any store appropriates imagery from any artist without permission and/or compensation.  As his lawyer advises him, if X were to sue the store, he would probably win.  However, if the original photographer chose to sue X, they might also probably win.  Perhaps, the moral of the story might be that if an artist want's to protect the intellectual property rights of their art, the way to do that is to create original art.  Pop imagery is a favorite to employ among street artists.  Because even though that image might be iconic,  that recognition also comes loaded with previous baggage.










13 comments:

  1. Sue away dude, you're the one who infringed on someones intellectual property in the first place.

    We know you've profited off your appropriations.
    Takes a thief to know a thief.

    Now you mad bro?

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  2. C'mon thank youX! I Love your big ass sidewalk stencils. I love it when anybody gets up in la, well, just about anyone. There's a couple that irritate me but you aren't one of them. Anyway, besides the point. M&f makes a good point, and I'm paraphrasing here, but you gotta make your own work. If a store was selling other street artist work, whose work is original, we would all have their back. But that's not the case. For instance, if madmans character popped up in urban outfitters, damn, we would know they stole it. Or if a store was selling septerheds crazy sharpie drawings, same thing. But with thankyouX you fall into a category with other artist, who although undisputedly talented, like free humanity and Alec monopoly or Benjamin Alejandro....you can't sue someone or cease and desist them when they're guilty of the same thing you are. I love your work but you took this risk when you took the shortcut of using a pop icon to get attention. If teachers peace dollar showed up for sale, we'd all expect compensation or at least credit but that really doesn't fit the bill in your case. So props to everyone mentioned and everyone on the site that gets up. You risk your freedom and spend your time and money for the cause! But dude you gotta stop whining about someone stealing from you when you didn't create the image or the message. Altered? Um, perhaps. Drew it yourself? I dont know. That's a defense we hear a lot. I just see it as a problem easily solved. Nobodies gonna take my work and say its there's because I made it up in my brain :)
    You get quick mainstream success using things people already know so you gotta out the work into having the patience if you wanna avoid what's Happening now. I also like that store :)
    ~n

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    Replies
    1. -N - This is all that needed to be said...

      Secondly...create for the love, or the inherent need to create.

      The money is icing on the cake...anytime you get paid to do something you love, it's icing on the cake, otherwise...just keep making, learning, growing, experimenting, adapting, trying something new, being inspired by others, and refining your craft.

      Of course you have to stick up for the works you create...but as N said above...anytime appropriation comes into play...I feel it's a murky land...and I don't have a ton of respect for it to begin with...unless of course, you are doing something intensely drastic to make it your own...case in point - your "Glitch Girl" series.
      Appropriation - but done in a way that truly makes it your own... I could respect your case more in a situation like that.

      Dunno...keep creating.



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  3. That is a theft, even Andy Warhol would agree.

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  4. Exit Through the Photoshop.

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  5. Rule of thumb in court is this.

    Court will take both images and put them on top of each other like transparent photoshop layers.If the court can line up the reference image with your artwork line for line then they have a case of plagiarism against you.

    If the reference image and your artwork do not line up. Then it's an original image.

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    Replies
    1. you're a moron and obviously not an attorney. Did you just make that up??

      Theres not a scientific to test for copyright infringement.

      It's not about what's different between the two works, it's about what's similar.

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    2. Well, fine. So lets talk about what's similar. ThankyouX do you really, honestly think that makes your argument stronger? Different or similar? Still the same thing. Roll with the ballers and live the high fashion street art gallery life and accept the punches. You aim for mass popularity and with that comes a price. This is just you paying it. I mean this with all due respect. Stay up. Keep fighting your fight. It's your battle. I'm just thinking its a battle you shoulda known was coming. Like any "street artist" with an "attorney" :)

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  6. Sorry you feel i'm a moron, that's ok i'm still getting paid regardless of what you think of me.

    Your right I am not an attorney, but I work with an intellectual property lawyer every day on copyright infringement matters involving artwork and graphics. So no, I did not make that up.

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    Replies
    1. You're* grammar error my friend. Need to sound legit if you're trying to back yourself.

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    2. I'm not a lawyer either. But I know a moot point when I see one. For the record, anyone can give out advice. It's just that. Advice.

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  7. Don't give out legal advise if you're not a lawyer.


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  8. Goodpoint. I should be clear this is only my opinion. This is a cool blog post for sure.

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