Post #26302 by manic cat on Wed, Mar 12, 2003 12:30 PM

As an artist and musuem employee, I am sensitive to someone using someone else's designs without permission, especially if that design is being used for profit. This is an unethical artistic practice, as well as illegal.

In the case of Picasso and Braque, these artists were contemporaries, friends, and collaborators. They worked together and inspired each other. They had a very personal relationship. In Tiki King's case, his design has been stolen by a stranger.

Should he be feel complimented? Sure--the person liked his stuff enough to repeat it. But, is this copyist fair to Tiki King? No. Tiki King has the rights to this particular image as its artist and could sue the imitator easily for forgery.

Every image we use here at The Metropolitan Museum of Art has to have proper credit attributed to it. If the piece of art is a copy of, or "inspired by" another, we have to indicate this fact. If we dare suggest that it was an original, that's a legal case just waiting to happen.

I would suggest emailing the vendor with your observation. Tell this person that this type of practice is unethical and illegal. Maybe all you want if a credit saying that this work was inspired by an image on your website. Maybe you want the sale terminated.

Copyright and trademark laws would work in your favor in court, and you can always threaten legal action, if need be. This is an extre measure. But, it really is important that artists can protect their work. In this case, it's a small ebay sale. But, what happens if a huge corporation like GAP decided to use anything that Tiki King showed on his site just because they thought it looked nice? They would make millions and leave TK penniless for his creativity.

On any scale, copying someone's art without permission (especially to make a buck) is wrong.

[ Edited by: manic cat on 2003-03-12 12:59 ]