Copyright redux

[n7bsn]

Some will recall the thread of some months ago, discussing art work, copyrights and designs "inspired" by the art of others.

As a part of that thread I posted about the tribulations of Dale Chihuly sueing others, for doing work similar to his own.

Well, the suits are settled, see thisarticle

You will note no one says anything about what the final settlement was, but just reading between the lines, my best estimate is the artists are still making similar glass projects

 

[Jeff Jilg]

It's too bad they didn't state the result of the litigation. Reading between the lines it's hard to tell the result. But Chihuly probably hurt himself with the litigation.

In the article it states that some galleries have been assuming Chihuly's paintings were made solely by him. But now it appears his assistants are also helping him paint. Let's see. Would I want a Picasso painted by Picasso, or a Picasso painted by his assistants......

 

[john lucas]

Ansel Adams had assistants who printed some of his work. The prints were always supervised by him and they were signed AA. The prints that Ansel did were always signed Ansel Adams. Wonder if Dale does that.

 

[pencheff]

Ansel Adams had assistants who printed some of his work. The prints were always supervised by him and they were signed AA. The prints that Ansel did were always signed Ansel Adams. Wonder if Dale does that.

Pretty sure he does. I saw a Chihuli exhibit in Columbus OH a couple years ago. For one thing there was much too much glasswork on display for it to be the output of a one person shop. And they were showing a video of the production, packing, shipment and setting up of the traveling exhibit and dozens of workers were involved. The litigation article clearly states that the guy Dale sued had worked for him for years. But all the glass on display was "Chiluli" glass.... no one else was given credit.

If Chippendale were alive today, would he be suing every furniture manufacturer on the planet for copying his designs?

It seems to me one of the risks of being a genius designer/artist is if your work is so popular that it strikes a common chord with millions you might spawn a movement, in your name of course, and create a whole new genre of your craft. In which case you lose claim to intellectual property rights for the look and feel of your own style.

 

[Anthony Yakonick]

Dale hasn't had his mouth on a blowpipe in 30 years, his assistants do all the work and he directs.

 

[MichaelMouse]

None of the old masters actually did much painting once the contracts came rolling in. Safe to say "school of" should precede their names on paintings. After the age of patronage, folks started doing their own work start to finish, but they were the ones who introduced the term "starving artist" to the world.

Have to think that the current intellectual property legislation might have inspired the litigation. Discover a cure for cancer and get twenty years' rights, but only where recognized, not in the rest of the world. Write a song and your heirs enjoy royalties ad infinitum. Pretty neat.

Porvenance is worth money, product isn't, when it comes to art.

 

[n7bsn]

Not done yet...

Looks like yesterday's story might have been a little early
Follow up story

 

[Ed Davidson]

Seems like a pretty clear case where everyone loses except the lawyers...

 

[TurningDog]

Seems like a pretty clear case where everyone loses except the lawyers...

win or lose the litigation Dale loses most. I never thought he had a case to start with. Unless you are trying to pass your work off as another artists work you have very little to worry about in front of a jury. Since it has become more widely known that he doesn't do anything anymore the value of "his" work even his early pieces has just bottomed out and will never recover much value, unless he dies horribly which usually is a plus to an artists value.

 

[n7bsn]

Still more, the Seattle Times is doing a three part article, see here

TTFN
Ralph

 

[Jeff Jilg]

I read thru the 3 articles. Chihuly Enterprises is basically a business using art as the vehicle for making money. They grossed $29 million in sales in 2004.

Most of the comments from other artists in the articles are unfavorable towards Chihuly. One of the comments in the 3rd article basically states that the lawsuit is not about Chuhuly protecting "his designs" but is mostly about greed. Another comment in the article stated that there is so much content coming out of that business that Chihuly isn't involved in the design or the signing process for that content.

Overall this does not look like Chuhuly was wise to start this lawsuit. It has exposed many of his business practices to his detriment. It is ironic that he is suing Rubino for the same work that Chihuly sponsored Rubino to accomplish in the first place.