Beach Boys Lyricist Goes After Artist Who Dared To Paint Works Inspired By Beach Boy Songs

from the copyright-dreamin' dept

Peter Friedman alerts us to yet another ridiculous copyright claim (of which there have been a few) from a member of The Beach Boys. You may have heard that, last year, the Beach Boys' Smile album was finally released, despite being recorded in 1966. An artist, by the name of Erik den Breejen, found out about this, and he (a lifelong Beach Boys fan) set out to create a series of paintings inspired by the songs on the album. Sounds good, right? Art inspiring art. Not so much. After completing the works and getting set up with a gallery show to display the works, den Breejen reached out to Beach Boys lyricist Van Dyke Parks, who he figured would like to know about this. Turns out... that wasn't true. Instead, Parks shot back a cease-and-desist.
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.)

Until the two sides settle their differences, the gallery has put on hold at least two sales inquiries
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.

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.

Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. identicon
    Anonymous Coward, 2 Feb 2012 @ 12:34pm

    Re: Re: Re:

    Yeah, I agree. "Inspired by" is misleading, I'd say. Unfortunately, that's not too uncommon around here.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Use markdown for basic formatting. HTML is no longer supported.
  Save me a cookie
Follow Techdirt
Techdirt Gear
Shop Now: Techdirt Logo Gear
Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.