Who owns the rights...?

Like these guys making bobble-heads etc...who did they get the rights from to make them? If I ever get off my ass, I'd like to draw a graphic novel based on Celine's Journey... Who do I ask for permission? Also if I would do some Bukowski stories...ask "Bukowski estate?" Thanks!
 

chronic

old and in the way
I could be wrong but I think that you can create an "artistic" likeness of any public figure without acquiring any kind of permission so long as it's not recognizably derivative of another copyrighted work. These silly-ass bobbleheads are probably in the clear while some of the paintings and prints that you see on ebay which are clearly derived from existing photographs could be open to a lawsuit if the person who took the original photo chose to sue.
 

chronic

old and in the way
Exactly.

I heard Shepard Fairey was sued recently for using a copyrighted photograph as the basis for the ubiquitous Obama "HOPE" poster. I have no idea how that ended or if it's still in court.
 

mjp

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Fairey is countersuing. The countersuit would seem to be more of a statement than a legal action, I don't think he expects to win that. But I don't think he expects to lose the copyright suit either.
 

hoochmonkey9

Art should be its own hammer.
Moderator
Founding member
there's an article in the March Art in America on Fairey. in it, part of Obama's thank you letter for the painting is quoted:

"The political messages involved in your work have encouraged Americans to believe that they can help change the status-quo. Your images have a profound effect on people, whether seen in a gallery or on a stop sign."

Obama is punk rock. ;)
 
I remember, when Warhol did his flowers-series, he was sued by the woman who actually had made that pic for a catalogue for gardeners.
Not really sure how it ended, but I think they gave him right.
Anybody more details on that trial? Or wheter the laws on that issue may have changed?
 
I guess she could. Will tell her about it.

But since his prices aren't high, there won't be much in sueing him. (This is, if the money she can get is measured by what he gets from the sales.)

She sure can make him stop this sale. But since she doesn't have any competing posters for sale at the moment, or any other business inflected by this sale, what would be the benefit for her? (Except the pure satisfation to stop this guy.)
 

chronic

old and in the way
... what would be the benefit for her?
The benefit would be that she would be that she would be asserting control of her fathers work. If anything ever went to court, showing that she has been actively protecting his work would be in her best interest.

Though, by that standard, she could also make me take down the graphic on collectingbukowski.com.
 

bospress.net

www.bospress.net
She should contact e-bay or have an agent (friend) contact ebay and enforce her VeRO rights. Then it would only take an email from her agent to get this auction shut down. The same with the lighters, coffee cups, t-shirts....

It would protect her father's work. Right now, it is being damaged with all the crap that is coming out from bootleggers.

Bill
 
Have just mailed her about the issue.
Have also given the link to this thread.


[...] Right now, it is being damaged with all the crap that is coming out [...]
I don't see it this way.
There may be people out there, who do like to drink out of a mug with a Bukowski-shot on. There might be people who prefer laying their heads on a pillow with Bukowski's face on.

Neither these people nor these items do the photographs on them any harm.
In contrary: every item, whatever it is, that has a Montfort-shot, helps spreading the fame of Montfort. Why is it, that he is the most famous Buk-photographer? It's because his pictures of him are wide-spread.

I only see three reasons to sue against these things:

1) People who work against ones business. (Like, if she had posters for sale herself, this other guy would hurt her own business, of course.)
2) People who make Big money out of that. (Like, if someone would sell a screenprint of a Bukshot by Montfort for 800.- / she should participate of course!)
3) Out-of-context-stuff, like if someone used a Bukshot to create a pro-nazi-poster.


Of course, using MM-pics in professional commercial context, like book-covers or such - that's a way different thing.
Professionals Do have to ask for permission, that's common sense. (Here we're more or less back to point #2)




ps:
back to another thread - the one with the refrigerator-magnets:

I don't see Anything bad in printing out pictures you like and put them on blank magnets - then your friends may say: "hey! These look great! you should make more of them and sell!" - then this guy goes on with it, makes them, sells them for a bargain (what was it? 3 bucks or what?) - he doesn't get rich, no one gets any harm, but some lazy cats who would never have done these magnets themselfs have some nice looking refrigerator-magnets now.




To come to my point:

Copyright-laws are important. And have their rightful place.
But there are occations, where these laws do not really matter.

20 years ago, we've audio-taped LPs from our friends instead of buying them, and when we created the covers for these tapes, we cut pictures out of magazines and used them.
Come on!


</sermon>
 

bospress.net

www.bospress.net
I agree with you Roni, but I don't know the members of Metallica, so it is not personal. Of course, I don't know Daisy and only spoke to MM once, but I want to make sure that he is being protected, if that is what his family wants.

The way that I see it being damaged is that if Daisy decided to sell posters of her Father's work, she would have a tougher time as people have already bought them from other people. Of course, the collectors would rather have real ones, but many of her prospective customers would rather pay $10 for a bootleg copy than $20 for a real one.

Plus, it is not a matter of a big, bad record company, being greedy, but a family getting a fair shake on what the artist created.

Bill

p.s. Roni, I know that you are close to the Montfort family, so I know that you have their best interests at heart. I agree with you more than I disagree!
 
[...] if Daisy decided to sell posters of her Father's work, she would have a tougher time as people have already bought them from other people.
That's a valid point! Made me think a lot!

But then I concluded: There have been cheap Bukowski-posters before, even cheap Montfort-Bukowski-posters (e.g. one double-sided poster was to have at Maro for decades at an amout of about 5 bucks!). If somebody wants to have Only One Bukowski-poster on his wall and Does have one - of course he won't buy another. But there are still many people, who don't limit themselfes to one, especially when the price is right and the motif/subject is good; and many people who don't have any Buk-posters at all. We see so many beginners here all the time. There will always be a 'market' for Bukowski-posters.


Of course, the collectors would rather have real ones, but many of her prospective customers would rather pay $10 for a bootleg copy than $20 for a real one.
These are two very different target-groups.
I personally wouldn't advice her to sell ANY Buk-poster for 20.-
The reason: if the target-group are (1) the collectors, they expect HIGH quality. This is more expensive in production. And these people are willing to pay this higher price; if the target-group are (2) simply fans (students etc) they probably won't buy a 20.-poster even if it's a "real one" - and it isn't necessary, because they can be fully satisfied with a cheaper production for a cheaper price.

[...] I know that you have their best interests at heart.
I never would have expected you to think of me otherwise.



ps:
have just emailed her about that issue again. Also wrote, I found BoS thought of making her own Bukowski/Montfort-posters a good idea and that she may think about it. So, maybe, we'll get the "real thing" sooner than later.
 
ps:
have just emailed her about that issue again. Also wrote, I found BoS thought of making her own Bukowski/Montfort-posters a good idea and that she may think about it. So, maybe, we'll get the "real thing" sooner than later.
I have made an ode to Bukowski featuring a photo taken by Michael Montfort. I need to get in touch with his daughter Daisy. Can anyone help me? This is purely a creative pursuit!
 
Thank you mjp but I have tried this already... It is not that simple in my case, do you have any email address where I could discuss the matter with you ?
 

PhillyDave

“The essential doesn't change.” Beckett
I wasn't going to mention Daisy. Was wondering how long it would take before someone responded.
 

mjp

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do you have any email address where I could discuss the matter with you ?
Sorry, there's nothing to discuss. There's no fast-track direct line to obtaining rights, you have to go through the publisher. Contacting Linda Bukowski directly (she is Bukowski's widow and she ultimately controls the rights) is not the way to go. Even if you were able to get her email address or phone number, it's unlikely she would talk to you about rights. She would refer you to the publisher.
 
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