Copyright and Intellectual Property Chloe and Ellie
Copyright means that no one can use work produced and published by another without permission or the risk of facing court and having to pay millions. Copyright doesn’t apply 70 years after the original artist dies.
Intellectual Property means property of the mind. It means that even if you haven’t copyrighted or patented your work, no one can use it for However, larger companies can and will buy the property from the owner.
The case Art photographer, Rogers, took a picture of a couple holding a row of puppies. He sold this picture for use in postcards, greeting cards and products similar to this. Jeff Koons, an internationally renowned artist, saw the photo whilst in the process of creating an exhibit on the ‘Banality of Everyday Items’. He used the photograph to create multiple statues based on this image. Art Rogers
He sold many of these structures and made a large profit from it. Rogers discovered a copy and sued Koons for copyright. Koons claimed fair use of copyright. Jeff Koons
Outcome When taken to court, the similarities between the two images were too close. It was said that any ‘typical person’ would be ale to recognise the copy. They rejected Koons’ case on the pretence that he could have used a more generic source – without copying Roger’s work – to make the same statement. Koons was made to pay a cash settlement to Rogers.