from the copyright-dreamin' dept
Instead of fighting back with lawyers, den Breejen and the gallery have approached Parks himself to try to negotiate some kind of out-of-court agreement. Parks was already credited in the exhibition’s press release and in a booklet den Breejen distributed at the gallery, but soon he could be considered a collaborator — entitling him to a percentage of the proceeds. (Van Dyke’s manager did not respond to a request for comment.)It's difficult to see how this is not fair use, but since we live in a world where fair use isn't determined until after an expensive court process, we'll never know in this case.
Until the two sides settle their differences, the gallery has put on hold at least two sales inquiries
Update: Just some clarifications, as per the comments. Parks was a lyricist for the band, rather than a direct member. Separately the paintings do include lyrics from the songs, which should have been made clear. I don't see how either point really changes the overall analysis, however.