Cultural Insanity: You Can't Show A Painting In A Movie Without Paying The Copyright Holder

from the this-makes-no-sense dept

The NY Times has an article about yet another ridiculous bit of copyright law, the fact that moviemakers have to license artwork, even if they own the physical piece to show it in a movie. And it gets even worse, when you find out that the ridiculous position of the Artists Rights Society (think the RIAA/MPAA for artists) is that the newly released 3D version of Titanic needs a new license, because its use of artwork is somehow not covered by the original license:
It is there in the new 3-D version of “Titanic,” as it was in James Cameron’s original film: a modified version of Picasso’s painting “Les Demoiselles d’Avignon” aboard the ship as it sinks.

Of course that 1907 masterpiece was never lost to the North Atlantic. It has been at the Museum of Modern Art for decades — which is precisely the reason the Picasso estate, which owns the copyright to the image, refused Mr. Cameron’s original request to include it in his 1997 movie.

But Mr. Cameron used it anyway.

After Artists Rights Society, a company that guards intellectual property rights for more than 50,000 visual artists or their estates, including Picasso’s, complained, however, Mr. Cameron agreed to pay a fee for the right to use the image.

With the rerelease of “Titanic,” the society wants Mr. Cameron to pay again, asserting that the 3-D version is a new work, not covered under the previous agreement.
Of course, I recognize that ownership of the image is different than holding the copyright in the image -- though I'm a bit surprised that most art purchases don't include a copyright assignment or at least a permissive license as well. But it strikes me as ridiculous that the use of such images in a movie -- especially in passing -- isn't a clear case of fair use. This highlights the ridiculousness of the "permission-based society" we live in, where even if you own something, you don't really own it.

Why do we let this kind of craziness happen? Why don't we, as a society, stand up and point out that it makes no sense. If you have possession of the painting, why shouldn't you be allowed to use it in a movie? Even if you don't have the painting. How is having that painting in the movie, in any way, harming the economic value of the painting? The answer is that it is not. If anything, it's increasing the prestige and value of the painting... and it's doing all of that for free.

Think of it in a slightly different context. These days, when other products are seen in movies -- like a can of Coke, for example -- it's often there because of product placement. That is, the provider paid for it to be in the movie. Couldn't you make an argument that artwork that shows up in movies gets the same sort of benefit of the attention of the moviegoers? Why is it, then, that filmmakers are expected to pay a license to have the artwork, but get paid to have the Coke can?

Filed Under: 3d, artwork, fair use, licensing, moma, picasso, titanic


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  1. identicon
    AC Cobra, 26 Apr 2012 @ 2:27pm

    Yes

    ""Generating knock off / generic cans, bottles, milk cartons and the like is an ongoing expense of making a movie or a tv show. One of the many expenses
    that nobody here wants to acknowledge, it seems."


    Really, so you are admitting that compliance with IP law imposes a substantial cost on movie production?"

    Yes, really. Avoiding copyrighted/trademarked works in the frame is a significant parameter of our job. We spend a lot of time avoiding this, and manufacturing generic equivalents to replace things like bottles, signs etc.. The set dresser runs around with boxes of fake labels to place over the real logos on things like cel phones, pop machines, whatever. We avoid shooting signs and billboards, although sometimes that is unavoidable. In some cases then the item would be cleared, and there are full time workers on larger productions doing this, or they will digitally paint it out in post production. In some cases I think it's considered fair use if a logo is on say a billboard in the background of a street scene but the producers tend to err on the side of safety.

    You can view all this as creating more jobs for film workers, although often the work just gets added on to someone's job rather than hiring another person. Whichever way you look at it it definitely adds work and hence expense to the production of a movie or TV show.

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