Wednesday, January 3, 2007

MY ART USED IN A TV COMMERCIAL FOR "GAY, STRAIGHT OR TAKEN"

Above the original collage Fusion Series #1512 from 1999

above is logo for a new TV show
below is a shot of my diningroom at Casa del Artista in Cuernavaca, Mexico

I was watching TV this evening and for a brief moment during a commercial for a new show called GAY, STRAIGHT OR TAKEN? on TBS or The Lifetime Channel. I saw what looked like one of my paintings in the background. I have TIVO so was able to rewind. Sure enough, someone has used my image and remade it into a derivative work to fit the stageset they were going for. I am not sure what to make of it. Is that copyright infringement?

Don't get me wrong, I am flattered but I would sure like to know how my design became the inspiration for the painting on the show's set. Since it is based on my image it would have been nice if I were consulted, notified, paid a copyright or given credit.

I'm a nice guy and I like to see my images in mass media. After all I am a Massurrealist.
My images have been used in posh hotel rooms from New York City to Japan and as book and CD covers. I encourage it. I'll work out a do-able deal with anybody that want's to use my images. So I don't want them to cease and desist. I like it. But some sort of public reference to me would be nice from whoever placed that image out there. I mean, after all, it must be a well meaning fan and maybe even a collector of my art that got that image in there and I appriciate it. But still, it makes me a little uneasy at least until I hear from somebody in the know about how that happened.

I know how it is. As a collage artist I use pre-existing materials all of the time. Images are everywhere and once you have an image, if you didn't note the source when you collected it, your not likely to be able to figure out where it came from at the time you want to use it. The same thing happens in music all the time.

also my painting above


Below a derivative work based on my painting from the TV commercial for "Gay, Straight or Taken?".

Below my painting in an exhibition at the New Gallery in Houston, Texas in 2003


9 comments:

CondoBlogger said...

Has your art ever been on display anywhere other than your living room? You are right, they either copied your piece or it's an AMAZING coincidence. Have you written to the folks at Lifetime?

The International Museum of Collage said...
This post has been removed by the author.
The International Museum of Collage said...

Thanks for writing,
Yes, that work was at the gallery in New York that represents me: Sears- Peyton Gallery briefly and was exhibited in Houston at an exhibition seen on this page: http://www.newgallery.net/pages/artists/cecil-touchon.html
I would say that it is virtually impossible for someone to have independantly come up with that color scheme and that combination of rectangles and black stripes since I invented that combination through the creation of the collage.

julie said...

hi C.
I posted this and more about it on my blog today....i also posted a conversation i started on saatchi for similar issues. Copyright is very much in our news, and it is an issue I would love to tackle....wouldn't you?
My personal opinion at first was one of flattery, but while watching TV this weekend I saw a commercial for this G>S>T show and I got pissed off when I saw "your" piece on the wall....What are you thinking about doing? I am curious for your opinion on it....
Basically so far I have only heard from you about the facts of this situation. How do you FEEL about it?>>

curious. of course...

The International Museum of Collage said...

Well, Like I said, I think it is pretty cool. But I also feel like I am being taken advantage of to some degree but on the other hand I do the same thing just not on TV. For instance I have a series of works call New and Improved Modernist Masterworks where I take a favorite early 20th century painting and repaint it with improvements that I would like to see in the painting that dawn on me while I am repainting it. One plan is to do an new and improved (and finished) version of Picasso's Les Demoiselles d'Avignon. But he is not a contemporary and his work is now in the public domain since it was painted before 1923.

That seems different than a stage set designer pulling an image out of the pool of images available by contemporary artists and doing a knock off of it without giving any props. Or maybe just that it is there IS the props?

julie said...

Well I agree with you. No sense getting all fumed out. I would take it complimentary, and of course realize that no matter what, No one can be who you are...because by the time they copy what you did before, you have already evolved into something else. Something new that will take them even more time to copy...
he he he

that's my take on it anyhow and how i approach the problem in my own art. OH! and I watched the damn show the other night!! Mostly to see if your pic was prominent at any point. Silly show!! Didn't notice the pic.

Chris said...

At first I was agreeing with Julie, but it looks like someone's attempting to make [poor] copies of your work. If it were actually your work they were using, then I would agree with Julie, but the fact that someone is attempting to make poor quality derivative works from your motif really raises some serious issues about attribution, and could be injurious to your reputation (and wallet) if the person who's copying your work is selling a lot of those prints. You should get in touch with the show and find out where they got that print from, and definitely consult an intellectual property attorney to get this all straightened out. If nothing else, it'll give you peace of mind. I hear way too many stories of artists being taken advantage of unfairly.

Vincent Romaniello said...

I think if you wanted to take legal action you have a very good case. I am an artist and not a lawyer but this is pretty blatant.

Here in Philadelphia when MTV did "Real Life" they went to local galleries and asked for art they could use. They didn't pay for thee use but did credit the artists and of course had their permission.

If the shoe was on the other foot they would probably sue you, i.e. taped their show and posted it on YouTube and they found out. In the end a letter from an attorney would get them to take it down, but since you are not even credited so what.

It is a matter of principle and I would be very angry, and all artists need to stick together so that people don't take us for granted more so than they already do. It is a beautiful piece and they should have to pay for the use or at least credit you after they say please.

Marisa said...

People should read this.