generatorarts

How art gets generated.

Judge Says Sid Vicious Street Art Breaks Copyright

Mr. Brainwash pays homage to Mr. Vicious

Mr. Brainwash pays homage to Mr. Vicious

Mr Brainwash works are “not transformative”

The Los Angeles-based street artist Thierry Guetta, better known as Mr Brainwash, has lost a copyright case involving a 1977 photograph of the punk rock musician Sid Vicious shot by the British photographer Dennis Morris. Guetta had claimed that the seven works he created using Morris’s black and white photograph, including one mural and one collage made of broken vinyl records, were sufficiently altered to be protected by the fair use defence, which allows for the use of copyrighted material for commentary, criticism and parody.

The federal judge rejected Guetta’s claim, saying that “most of [the] defendant’s works add certain new elements, but the overall effect of each is not transformative”. The judge also opposed the argument that “appropriation art per se” should be protected by fair use. As we went to press, the terms of the settlement, including unspecified damages, were being determined.

In 2011 Guetta lost a copyright case to Glen Friedman over his use of Friedman’s photograph of the rap group Run DMC, while last year the estate of the photographer Jim Marshall sued Guetta and Google for the unauthorised use of Marshall’s photographs of musicians. This case has not yet been decided and is due to go to trial in July.

By Anny Shaw. The ArtNewspaper.com, 30 April 2013

For the full article, please visit: http://www.theartnewspaper.com/articles/Judge-says-Sid-Vicious-street-art-breaks-copyright/29356

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: