Warning: Don't diss the Chimp...

[EMunster]

New York Art Shuttered After Bush Monkey Portrait

http://story.news.yahoo.com/news?tmpl=story&cid=1896&e=4&u=/nm/arts_monkeys_dc

[aquart]

1. Right of parody is PROTECTED.

The portrait was a visual pun on a Bush nickname.

They shouldn't have caved. They should have hired a lawyer.

[Old Mouse]

4. Unfortunately not

if the artist makes profit by the artwork, the courts have decided the political speech is just commerce. This protection has been severely weakened.

[tuvor]

6. Huh? So what if it's "just commerce"?

I'm not sure what that means for those making money.

And I'm still seeing political cartoons....

[Old Mouse]

10. If you make money

there is no "political message" and therefore no protection.

Congress has been rewriting copyright law at corporate bequest and without public input for years now.

[tuvor]

11. Again, I'm still seeing political cartoons.

The cartoonists are making money from it, I'll presume, as is the newspaper. From what you're saying, they're long past being canned.

BTW, got any links about rewriting copyright laws?

[Old Mouse]

14. those are editorials

and newspapers are given "fair use"

What you are mentioning here is very complex... I was hoping to avoid it... if the image he used to paint the portrait from was from a photograph, he might have violated the photo copyright owners copyright and mights to modify.

If he made Bush's portrait from his own imagination he still violated Bush's rights of publicity and moral rights, although this is weak given Bush's absolute status as a public figure.

In the America courts it comes down to the presiding Judge has great leeway in deciding what is "fair use" or not.

2Live Crew's parody of Pretty Woman went one way, while Disney vs. the Air Pirates went another. You are now only truly protected on art, text and music when you create the work entirely from scratch. (which is an impossibility)

Google the DMCA and the Bono Act for the transfer of protection from the artist to the corporation.

[tuvor]

15. Thanks for the reply. n/t

[tk2kewl]

2. i would assume that this painting

will find a fairly prominent home in nyc some time this week

[texpatriot2004]

3. Welcome to the Soviet Union

[Smirking_Chimp]

5. Nazis have no sense of humor : (

[mitchtv]

7. don't forget to rate it a 5

[Placebo]

8. Why did they have to close the exhibition?

Seriously, they aren't breaking any laws! They're perfectly within their right to display a sculpture of Bush made of monkey feces if they so wish.

[17yroldtwins]

9. Our freedom of expression has just been destoryed...

I can't believe what I'm reading.

ACLU, where are you?

I am speechless.

Attie

[bloom]

12. It was a management decision.

Unfortunately managers get to make decisions like that.

You would think the manager would been more aware of what the gallery was showing.

"We had tons of people, like more than 2,000 people show up for the opening on Thursday night," said show organizer Bucky Turco. "Then this manager saw the piece and the guy just kind of flipped out. 'The show is over. Get this work down or I'm gonna arrest you,' he said. It's been kind of wild."


I hope the publicity helps the artist.

[KnowerOfLogic]

17. You would think that the manager would have a little more backbone. nt

[indigobusiness]

13. Really?

http://www.actapes.com/lancelot_link.htm

[KnowerOfLogic]

16. What get me is the number of people in positions of power who

go along with this stuff. Is there no one left with even a shred of integrity who will refuse to submit to these anti-american demands, no matter what the cost?

[Swamp Rat]

18. I rated the article a '5'

Oh, and fuck da chimporer!