Most small art galleries would be thrilled to hear from a famous, world renowned artist. But I think it’s safe to say that one Clement Street store is more annoyed than thrilled.
The Bay Citizen is reporting that Clement Street store Park Life received a cease and desist letter, asking them to stop selling $30 bookends that look like balloon dogs.
Lawyers for artist Jeff Koons claim that the bookends violate the artist’s copyright for his “Balloon Dog” statue which has been displayed around the world.
The issue calls into question whether something as commonplace as a balloon animal can be copyrighted. The Bay Citizen consulted with San Francisco lawyer Simon Frankel of Covington & Burling LLP about the copyright law for this type of allegation:
“The idea that Jeff Koons would have an exclusive right to make objects in the shape of a balloon dog simply because he made one is surprising and inconsistent … with copyright law,” said Frankel, noting that by that logic, Koons could also pursue legal action against balloon artists everywhere.
Park Life has removed the bookends from the store shelves and their website, but store owner Jamie Alexander tells the Bay Citizen, “”This man can’t own something that existed before him.” Park Life had only sold a few sets.
One RichmondSFBlog reader told me, “To be honest, when I was browsing in Park Life this weekend, I did see the bookends and assumed they were associated with Jeff Koons.” However she doesn’t agree that Koons should be able to corner the market on balloon dogs.
The bookend manufacturers, imm Living, also received the cease and desist letter and has vowed to fight it. Ironically, Koons has been sued several times for copyright infringement due to his use of existing images in his artwork.
Someone better warn the clowns down at Pier 39!
Sarah B.
UPDATE 2/2/2011: The case has been settled between Park Life and Koons. The story’s over at Bay Citizen.
Although I’m an appreciator of Mr. Koons’ work, this sort of litigiousness is so completely out of line and unnecessary. His “brand” is hardly compromised by the bookends, and as the blog entry states, infringement might be pretty hard to prove in court. For what it’s worth in the greater equation, Mr. Koons is an exceedingly successful and wealthy artist. It’s not like his works’ value is going to be diminished by this product, even if it is a bit of a copycat item.
Another item in Mr. Koon’s artistic oeuvre is putting commercial vacuum cleaners behind Plexiglas, thus turning them into “art.” I guess this means he can start suing stores that sell vacuum cleaners.
Ironic since Jeff Koons COPIED a photographers work when he sculpted the couple with those puppies. Photographers protested by appearing at his gallery:
http://jerryandmartha.com/yourdailyart/images/koons2.jpg
http://en.wikipedia.org/wiki/Jeff_Koons#Copyright_infringement_litigation
Jeff Koons is a hack. tuttut’s link is just a taste of Koons’ idiocy. Only simpering museum curators like him.
Case has been settled! More details over at http://www.baycitizen.org/blogs/pulse-of-the-bay/jeff-koons-balloon-dog-copyright-claim/
Sarah B.