Looking for design inspiration? Browse our curated collections!
9 Years Ago
Roswell painter fights alleged copyright infringement | www ...
www.ajc.com/news/business/roswell-painter-fights.../nS9B9
Reply Order
9 Years Ago
Is this copyright infringement? | The Knockoff Economy
www.theknockoffeconomy.com/is-this-copyright-infringement/
·Òë´ËÒ³
2012Äê11ÔÂ15ÈÕ - The painting on the left is by a Chinese-born artist named Zheng Li. It's called ¡°Piano No. 9¡å. Li is not exactly an art-world fixture. For years, he ...
9 Years Ago
Bill Torpy
Roswell painter fights alleged copyright infringement
ªÃ 4:07 p.m. Sunday, Nov. 18, 2012 | Filed in: Business
ª®ª£ª Comments 0
Black & Blue: 'This is a good kid'
Free access to myAJC for AJC subscribers.
Exploreª¡
After spending seven years back in his native China, artist Zheng Li returned to Georgia to resume his career. To get a sense of what was selling, Li strolled into an art gallery and was shocked: A reproduction very similar to his most popular work was prominently displayed.
Livid and confused, he found the gallery¡¯s manager. ¡°Who¡¯s the artist?¡± he demanded.
¡°P. Robert,¡± the manager told him.
Bita Honarvar
Nov. 7, 2012 Roswell -- Chinese-born artist Zheng Li, shown here in his studio at his Roswell home Wednesday, Nov. 7. 2012, is suing a couple dozen retailers in federal court, including J.C. Penney, Kohl¡¯s and Z Gallerie, accusing them of copyright infringement for selling art based on his paintings. BITA HONARVAR / BHONARVAR@AJC.COM
¡°No, that¡¯s my painting,¡± Li told him. Li balled his hands into fists in recollection of the memory. ¡°It made me mad, very, very mad.¡±
Li went home to Roswell and researched ¡°Piano Coloratura,¡± the painting that closely resembled his ¡°Piano No. 9.¡± Li painted his version in 2004 and then featured it that year on the cover of a book he published.
On the Internet, Li found site after site ¡ª nearly 100 in all, he said ¡ª selling ¡°Piano Coloratura.¡± Li contacted a lawyer, who discovered the ¡°P. Robert¡± painting was copyrighted in 2010 by Somerset Studios, a North Carolina company that sells art to retailers.
HANDOUT
Atlanta area painter Zheng Li has filed suit against numerous art wholesalers and retailers claiming that a work entitled Piano Coloratura, right, is a knockoff of his painting, Piano No. 9.
Li, 50, who came to the U.S. two decades ago to teach at Appalachian State University, is one of an increasing number of artists who may be getting his work digitally ripped off, licensing experts say. But those experts say the scale of the alleged ripoff in this case may be much larger and more brazen than usual.
Last month, Li filed suit in federal court, alleging copyright infringement against Somerset and about two dozen retailers, including Kohl¡¯s, J.C. Penney and Z Gallerie.
The suit alleges a ¡°classic case of intellectual property theft. Defendants have willfully and blatantly expropriated, mass-produced, distributed, marketed, sold and continue to sell for profit through various distribution channels knock-off prints and posters of the established artist Zheng Li¡¯s original Piano No. 9.¡±
The lawsuit also adds a dash of art criticism. ¡°The brushwork and colors were a messy and incompetent imitation of Zheng Li¡¯s original Piano No. 9,¡± the lawsuit states, ¡°but the underlying visual image was an exact duplicate.¡±
In an interview, John Bowler, Li¡¯s attorney, figures someone scanned a digital image of his client¡¯s work and ¡°then did a paint-by-numbers job and is mass selling it.¡±
Somerset Studios¡¯ attorney said he could not comment. Neither of the other defendants¡¯ attorneys returned numerous phone calls.
Christopher Sprigman, a professor at the University of Virginia Law School, viewed photos of the two works and called the case ¡°close to the line.¡±
He said the subject of the painting ¡ª the piano ¡ª as well as the angle of the piano, the colors and the style have similarities. But each of those cannot be copyrighted. The work as a whole, however, can be.
It¡¯s a difficult case, he said, because one work of art influences others.
¡°The first impressionists cannot say, ¡®I own Impressionism,¡¯ ¡± Sprigman said. ¡°Freedom to work in the same style raises competition, lowers prices and makes art better.¡±
Bowler and Li said the alleged copying dilutes the market for the original artist¡¯s work and devalues it. The ¡°Coloratura¡± version is so prevalent, Li said, that people will be confused and mix up the works. That will hurt sales, for both his prints and originals, he said.
¡°People now think I¡¯m copying him,¡± Li said. ¡°We sell (paintings) for five figures, but they say ¡®I saw this at J.C. Penney. Why buy it.¡¯ ¡±
Li said he blossomed as an artist after moving to the U.S. in 1991. He was classically trained in China and taught to be ¡°very precise¡± in his style.
¡°In 1993, I went to New York city and it totally opened my mind,¡± said Li.
He moved to Atlanta the next year and later opened a couple of galleries that sold his artwork. In 2005, he returned to China and closed the galleries. Li found that Beijing is a good place to sell art, but Georgia offers a better quality of life, so the married father of two moved back to Roswell this year.
After discovering the alleged copies of his work, Li tried to track down artist P. Roberts. Neither he, nor Bowler have found him.
¡°There is no P. Roberts,¡± Li claimed. The suit contends: ¡°Upon information and belief, ¡®P. Roberts¡¯ is a fictitious name and there is, in fact, no person named P. Roberts or using the pseudonym ¡®P Roberts.¡¯ ¡°
The copyright obtained in 2010 by Somerset ¡ª according to the U.S. Copyright Office it is the only one the company owns ¡ª doesn¡¯t mention a ¡°P. Roberts¡± and simply states the company is copyrighting a work for hire created in 2008.
Li just registered his painting with the Copyright Office this August.
The problem, said Theodore Feder, president of the Artists Rights Society, is Li did not register his work before he discovered the alleged copying. He said Li can prove that he created his work first, but because it wasn¡¯t registered first, it may cut down on the amount of damages he can receive.
¡°That¡¯s what screws up a lot of artists, they are not businessmen,¡± said Feder.
Robert Panzer, executive director of VAGA, an organization that protects copyrights for visual artists, said the burden of proof in a copyright infringement case now rests on Li, rather than Somerset.
Panzer said digital and other copying of works happens frequently, although usually on a much smaller scale.
VAGA represents the late artist Grant Wood, who painted the famous ¡°American Gothic.¡± He said the work is often copied and parodied. ¡°In fact, it¡¯s almost a cottage industry making fun of it.¡±
¡°But if you start making copies of it, posters of it or making money on it, then our ears go up,¡± he said. ¡°If someone takes something not famous and makes money on it, it¡¯s almost worse. They are taking his work and potential income.¡±
Whether someone is taking a general idea and then performing his or her own work (OK) or is simply stealing something (not OK) is the question at the heart of the matter here. ¡°To determine if this is a copy, the average Joe on the street is a better judge than the experts,¡± said Panzer.
He said the defendants would argue ¡°you don¡¯t own color and the spacialization of color. ¡®I took an idea but ideas aren¡¯t copyrighted.¡¯ The original artist will say, ¡®Forget the colors. Look at the piano, the scale, the angle, the position of the legs.¡¯ ¡°
Panzer then added, ¡°If I¡¯m a person on the street, I¡¯d say (the second artist) was looking at this thing when he did this.¡±
¡°Many artists are ripped off in hundreds of small ways, where no particular way is worth pursuing,¡± said Panzer. But, he said, Li may be lucky. Panzer thinks the deep pockets of the defendants, plus the fact they may have made good money off of Li-inspired art, is worth pursuing.
During a visit to his home recently, Li was busy painting in his garage. His subject? Another piano.
9 Years Ago
Wow, sorry this is happening to you but appreciate you taking up the battle. Best of luck to you.
-- mary ellen anderson
9 Years Ago
Is this copyright infringement?
Posted on November 15, 2012
The painting on the left is by a Chinese-born artist named Zheng Li. It¡¯s called ¡°Piano No. 9¡å. Li is not exactly an art-world fixture. For years, he lived in the U.S. and ran an art gallery in Roswell, GA. He has sold art to private individuals and corporations. But as far as we can tell, he hasn¡¯t broken through to broader public notice.
That may change now. The painting on the right, titled ¡°Piano Coloratura¡± and signed by someone named ¡°P. Robert¡±, has been on sale in major outlets such as Kohl¡¯s, J.C. Penney, and Z Gallerie. Li has sued all of these retailers, plus over 20 more who have sold ¡°Piano Coloratura¡±, claiming that they are infringing his copyright in ¡°Piano No. 9¡å.
Does Li have a case? Well, the paintings are certainly very similar, and that alone may get Li quite far with a jury. But if we look closer, it¡¯s actually a really close case, and the correct outcome is difficult to call. Why?
Given how similar the paintings are it¡¯s hard to believe that Li¡¯s painting wasn¡¯t copied. But if you break the paintings down, you¡¯ll find that a lot of the copying at issue here isn¡¯t actually illegal. For example, both paintings show a baby grand piano. But Li cannot own copyright in all pictures of baby grand pianos. And indeed, the baby grand in ¡°Piano Coloratura¡± looks a bit different from Li¡¯s piano. It¡¯s shaped just a bit differently ¡ª and these small differences matter because all baby grand pianos look much alike, at least in their overall shape. Similarly, the ¡°Piano Coloratura¡± piano is rendered at a similar angle to Li¡¯s piano, but again, Li doesn¡¯t have copyright in rendering pianos from the side. The pianos are also painted in a similar style using patches of bright color. But again, the execution of the style is not the same ¡ª the borders between colors are less distinct in Li¡¯s painting ¡ª and, more broadly, copyright should not give any one artist ownership of a particular style of painting. Does impressionism belong to the first impressionist? Cubism to the first cubist? The same goes for colors. Copyright doesn¡¯t allow anyone to own a color (trademark does, in a more limited sense that is not relevant here . . .).
So, is there a copyright claim? Yes. Li has a copyright claim in his original selection and arrangement of these otherwise uncopyrightable elements of subject matter, style, and color. In other words, Li has a copyright in the particular sum of the uncopyrightable parts.
The real question is how broad, or ¡°thick¡±, a ¡°selection and arrangement¡± copyright like this should be. Clearly, Li should have a copyright claim against anyone who reproduces his painting exactly ¡ª if the selection and arrangement copyright means anything, it must prohibit precise replication of Li¡¯s painting, as would happen if someone simply pirated it and printed up a thousand copies. But how far should Li¡¯s ¡°selection and arrangement¡± copyright go in prohibiting mere ¡°look-alike¡± paintings? That¡¯s a very deep question, and one which is unsettled in the copyright law.
¡°Piano Coloratura¡± is not an exact copy. But it is pretty damn close. This is a borderline case. We¡¯ll be watching.
Share on facebookShare on twitterShare on emailShare on printMore Sharing Services
This entry was posted in Copyright, Litigation, Tweaking by theknock. Bookmark the permalink.
5 thoughts on ¡°Is this copyright infringement?¡±
Iain on November 16, 2012 at 8:47 am said:
Surely this is a re-run of Temple Island Collections v New English Teas? It¡¯s in US jurisdiction not UK, however, so it¡¯s not necessarily going to be the same outcome.
Reply ¡ý
theknock on November 16, 2012 at 6:52 pm said:
Hi Iain. So I don¡¯t think it¡¯s an exact re-run ¡ª not least b/c the Temple Island case featured the vexed issue whether the recreation of a photographic scene was tantamount to ¡°copying¡± of the original photograph. That issue isn¡¯t present in the Piano No. 9 case. But the Temple Island case does, as you note, present similar issues and it¡¯s a fascinating case that has stirred a lot of controversy. For people interested in the details of that case, look here: http://ipkitten.blogspot.com/2012/01/wheels-on-birss.html
Reply ¡ý
dtboy on November 18, 2012 at 2:51 pm said:
This is obvious copyright infringement. Although the colors may be slightly different, the patten of the color changes happen in the exact same places on both pieces.
Reply ¡ý
theknock on November 18, 2012 at 3:21 pm said:
dtboy ¡ª I¡¯m not sure what you mean by ¡°pattern of color changes¡±, but if you¡¯re saying that the two paintings have the same colors in the same places, well, sometimes they do and sometimes they don¡¯t. On, for example, the ¡°s¡± curve of the piano lid, the original is solid red and the second painting is red mixed with black and orange. The front leg of the original piano is mostly white; the second is white mixed with blue and red. There are other areas in the painting that are much closer. But they are not anything like identical.
Reply ¡ý
Rick on November 18, 2012 at 4:36 pm said:
The irony here is rich. Usually, the Chinese are on the other side of the copyright infringement / piracy / intellectual property theft.
Irony aside, Piano Coloratura is an obvious copy of Mr. Li¡¯s original art.
Reply ¡ý
9 Years Ago
think that all artists are faced with the same problem: For the artist, creation is a very difficult process, a lot of hard work and a lot of patience, time, loneliness, dreams. . . Then put their babies to show in public Internet, then it is easy for someone to steal, how do we protect ourselves? This is a problem and a problem faced by all the artists.
9 Years Ago
"This is a problem and a problem faced by all the artists."
It's only a problem if the artist is producing low-rez imagery and expects to make a living from low-rez imagery.
Dan Turner
Dan Turner's Seven Keys to Selling Art Online
9 Years Ago
If somebody is going to print out a photo and then paint over it, they don't need a high-rez version.
9 Years Ago
Nikki Marie Smith
Nikki Marie Smith
1 Day Ago
Yeah, I see that it is still for sale in several places online. :(
Yes, as long as google "piano coloratura", will still see some copies of the piano picture for sale, but it has a lot less than two years ago.
