tag:blogger.com,1999:blog-30897652.post7565731594936726814..comments2024-03-27T15:44:43.564-08:00Comments on What Do I Know?: Monetizing Outlaw Art And Killing The ArtistsStevehttp://www.blogger.com/profile/10498066938213558757noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-30897652.post-10935059119836613592013-08-18T17:17:31.857-08:002013-08-18T17:17:31.857-08:00Thanks Kathy, that story fits right in. And so we...Thanks Kathy, that story fits right in. And so we don't have any copyright issues, here's the <a href="http://www.courier-journal.com/article/20130808/NEWS01/308080100/Graffiti-artist-charged-stealing-T-shirts-copying-his-tags" rel="nofollow">link to your newspaper.</a><br /><br />I see that Philip Rodriquez also got <a href="http://pyrogallery.com/collections/philip-rodriguez" rel="nofollow">more traditional art work here.</a>Stevehttps://www.blogger.com/profile/10498066938213558757noreply@blogger.comtag:blogger.com,1999:blog-30897652.post-65275388694335449052013-08-18T09:37:35.218-08:002013-08-18T09:37:35.218-08:00We just had a case in Louisville where a graffito ...We just had a case in Louisville where a graffito was painted on the wall of a shop. The shop owner took a photo and had T-shirts made. The graffiti artist got pissed that his image had been appropriated, so he stole 19 T-shirts from the shop. And of course got arrested for robbery and criminal mischief.<br /><br />Quoting from the newspaper story:<br /><br />Legal experts say graffiti is protected under copyright law, but a legal defense in which Rodriguez claims copyright creates a dilemma for him. And stealing the infringing work is not a legal way to handle a copyright infringement, they said. <br /><br />John Cross, a professor of law at the University of Louisville, said the graffiti has to pass two copyright tests: it has to have been created by the person claiming the copyright and “set down on a tangible media” such as spray paint and a surface. <br /><br />The legal way to stop someone from infringing on a copyright would be to seek an injunction in court and allow law enforcement officials to seize the material, Cross said. <br /><br />“The mere fact that you have a copyright doesn’t give you the right to go in and seize the offending materials yourself,” he said. While Rodriguez may not be able to use copyright law to defend against the robbery charge, he may be able to use it for the criminal mischief charge, said Stacie Sandiferd, a California attorney who published a legal paper on graffiti and copyright law. Legally, by taking a photo of the graffiti and printing shirts with the image, Dotson invalidated any legal claim of vandalism, she said. <br /><br />But to employ that defense, Rodriguez would have to admit he is the man behind an image illegally painted all over Louisville, she noted. “Once they claim it, they can be charged with vandalism elsewhere,” she said. “It’s a Catch-22.” <br />kathy in KYnoreply@blogger.comtag:blogger.com,1999:blog-30897652.post-82707616750270283402013-08-18T09:32:33.939-08:002013-08-18T09:32:33.939-08:00Kathleen, yes, yes, yes. I know someone with a si...Kathleen, yes, yes, yes. I know someone with a similar last name called Kevin. But when I checked the links I realized my mistake and thought I'd corrected it. But I hadn't until the alert from you. So thanks for the good eye! And glad to hear from you. Stevehttps://www.blogger.com/profile/10498066938213558757noreply@blogger.comtag:blogger.com,1999:blog-30897652.post-16971937265536358482013-08-18T09:22:18.056-08:002013-08-18T09:22:18.056-08:00I'm thinking that you mean Keith Haring, not K...I'm thinking that you mean Keith Haring, not Kevin. Sorry to nitpick - I get a lot out of reading your blog. It's nice switch to inform you of something for a change.Kathleen Gustafsonnoreply@blogger.com