Stealing From Banksy- visualcreatures

21 Jun

How is this shop right??

http://www.etsy.com/shop/visualcreatures

They were on the FP twice yesterday. A guy that takes photos of ANOTHER PERSON’S ART and then sells it?! BOO!

http://www.banksy.co.uk/

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48 Responses to “Stealing From Banksy- visualcreatures”

  1. L June 21, 2010 at 9:49 am #

    I was just discussing this with my BF yesterday when I saw that. Makes you go hrm….

    My BF’s idea was that as long as its in public areas, and not private, its fair game.

    Still, I think its pretty lame, legal or not.

  2. Life During Wartime June 21, 2010 at 10:28 am #

    Of course Etsy will be all over it if there is a pop culture name being dropped.

  3. MadeByM**** June 21, 2010 at 10:38 am #

    BUT, it does say this on the website……..

    “Banksy does not produce greeting cards or print photo-canvases or paint commissions or sell freshly baked bagels. Please take anything from this site and make your own (non-commercial use only thanks).”

    I interpret that as not selling it!

  4. Fed UP June 21, 2010 at 10:49 am #

    I get the impression from this one that it IS his art? http://www.etsy.com/listing/49560144/banksy-take-this-society-original

    Am I reading it incorrectly? I need more coffee.

  5. Fed UP June 21, 2010 at 10:50 am #

    Oh shit, never mind. He’s not Banksy. Going for that coffee now.

  6. Cosmic Yuk June 21, 2010 at 11:19 am #

    Well, I just emailed the artist, will see what happens.

    If you are using your own photographs of the artwork, is that legal? I mean, can I go into the museum and take photos of famous works and sell those?

  7. Why care anymore? June 21, 2010 at 11:34 am #

    This one does not look like a photograph at all. http://www.etsy.com/listing/49777158/banksy-balloon-girl-original

    or this one…
    http://www.etsy.com/listing/49561511/banksy-leopard-original-photograph-16×20

    Those must have been some very white walls with absolutely no imperfections. Not even a dimple or shadow anywhere.

  8. Life During Wartime June 21, 2010 at 11:36 am #

    Noncommercial use seems pretty clear to me.

    The shop is not giving the prints away as a 20 cent PIF promotion for their own non-Banksy related photos. The shop seems to be nothing but Banksy.

  9. Laura June 21, 2010 at 12:12 pm #

    That is so well…different. Take photos of others artwork and sell it? I mean, it’s not like there’s any other focal point but the artwork of other artists. It looks like he is just coping their artwork. I can’t believe he’s allowed to do that!

  10. wahwah June 21, 2010 at 12:35 pm #

    Isn’t this what Etsy is all about now? Copyright infringement?

  11. Cat Power June 21, 2010 at 1:01 pm #

    cosmic yuk, sure hope you let us know if you hear back from the real “Banksy”…would love to see the photo guy get out of that one, if confronted.

  12. Cosmic Yuk June 21, 2010 at 1:13 pm #

    Will do.

  13. detroit June 21, 2010 at 1:47 pm #

    Good LORD!

    Are the people who work at Etsy mentally challenged (not to impugn mentally challenged people.

    PLEASE tell me this wasn’t on the front page. That was a typo – right?

    Etsy, are you fucking kidding us?

    Uh – yeah. This is pretty wrong. You can’t reproduce other people’s artwork, and sell it. Does that really have to even be explained???

    Well, since they seem to like this shop – hold up! I live in Detroit. We’ve got some AMAZING Diego Rivera murals here. Gotta get my camera, and set up shop on Etsy. brb.

  14. detroit June 21, 2010 at 1:49 pm #

    God – I hope whoever is doing banksy’s website, admin / legal stuff, has the wherewithal to contact this seller, and Etsy.

  15. Andrea June 21, 2010 at 3:02 pm #

    This is amazing. I’m going to open a shop selling all the photos I took at the Louvre.

  16. jenmaestre June 21, 2010 at 3:46 pm #

    It isn’t a first.

    There are plenty of photographers taking pictures of sculptures and wall murals, and so on.

    The nature of photography is to bring something to another level, if it is artistic, or to document.

  17. jenmaestre June 21, 2010 at 3:47 pm #

    If the photography is artistic, I mean.

  18. Elaina June 21, 2010 at 4:31 pm #

    Banksy is a famous graffiti artist whose identity isn’t known. His work is all over public buildings around Britian so why couldn’t anyone take pictures and sell his/her work?
    It’s no different than taking pictures of the Eiffel Tower or someone’s farm and selling prints. You can’t take the photos off his website for commercial purposes, but he can’t make that claim to anything that photographed on public buildings.
    A lot of people take pictures of his work and sell it just like a lot of people sell pictures of the Eiffel Tower.

  19. Dee June 21, 2010 at 4:54 pm #

    Ding, dong, the Avon lady is here. http://www.etsy.com/listing/49927482/five-for-ten-dollars

  20. detroit June 21, 2010 at 5:16 pm #

    jenmaestre Says:
    June 21, 2010 at 3:46 pm

    It isn’t a first.

    There are plenty of photographers taking pictures of sculptures and wall murals, and so on.

    The nature of photography is to bring something to another level, if it is artistic, or to document.
    ______________________________________

    I’m no expert in copyright law, but I’m pretty sure, if you’re writing an article about banksy (documenting), you can use pics of his art for your piece under ‘fair use.’

    From the copyright office:

    “Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research.”

    I don’t think selling unauthorized repros on Etsy constitutes fair use.

    Also, from the copyright office:

    “The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. ”

    It seems pretty clear to me, that they’re not ‘bringing it to another level’ here (it’s not part of some greater artwork or collage – which, even then, may be problematic.) It’s straight up copying to make a profit.

    A lot of rap producers have had to pay up for ‘taking’ a few notes from earlier copyright holders. This here is taking of the whole dang thing.

    They’re profiting of banksy’s name and reputation, not their own representation / interpretation of such/

    Okay – internet lawyers, have at me. lol.

  21. Etsy Person June 21, 2010 at 5:17 pm #

    The original site specifically says not to be used for commercial purposes. The Etsy seller is in the wrong and he knows it.

  22. detroit June 21, 2010 at 5:21 pm #

    Also, imagine if you’re a nobody artist (not world famous like banksy), and someone taked pix of your art while its installed in a gallery, or in a museum.

    And then start selling it online. I bet a lot of people, if they were that artist, would have an issue with that.

    Just because Banksy is famous and reclusive, doesn’t mean his /her artwork is fair game to make unauthorized profit off of.

    They even state on their website that they’re happy to share the art, as long as the use is NON COMMERCIAL.

    Seems pretty clear to me.

  23. detroit June 21, 2010 at 5:23 pm #

    detroit Says:
    June 21, 2010 at 5:21 pm

    Also, imagine if you’re a nobody artist (not world famous like banksy), and someone taked pix of your art while its installed in a gallery, or in a museum.
    __________________________________

    Drrr, someone done “taked” pitchers of mah paintins!

    Sorry, mean “takeS” lol

  24. wahwah June 21, 2010 at 5:49 pm #

    Thanks detroit, for the much needed giggle!

  25. Etsy Person June 21, 2010 at 7:54 pm #

    Drrr, someone done “taked” pitchers of mah paintins!
    _____
    that’s ‘tooken” pitchers/

  26. JOINAA June 22, 2010 at 1:02 am #

    AVON? DING-DONG!!!!!!!

  27. bellacruz June 22, 2010 at 3:54 am #

    http://www.etsy.com/listing/49927482/five-for-ten-dollars

    I mean, wow, really. The seller has been a member since 2007.

  28. wahwah June 22, 2010 at 4:17 am #

    These sure look hard to make.

    http://www.etsy.com/listing/49913771/birthstone-sparkle-time

  29. Laura June 22, 2010 at 4:51 am #

    I puked looking at the Avon chick.

  30. MadeByM**** June 22, 2010 at 5:57 am #

    Darn it………I missed the Avon and the “birthstone sparkle time”!

  31. Etsy Person June 22, 2010 at 7:34 am #

    Oh look! Vintage early 1990s in the Finds section!
    http://www.etsy.com/listing/49500449/vintage-romance-simply-gorgeous-black?report=report&show_panel=true#report

  32. etsycallout June 22, 2010 at 8:51 am #

    You are seriously thinking taking pictures of the Eiffel Tower or someone’s personal art is the exact same thing? The Eiffel Tower is a public landmark, not someone’s artwork.

  33. Laura June 22, 2010 at 9:45 am #

    Yea, I don’t get the Eiffel Tower remark. And how is this:
    http://www.etsy.com/listing/49777158/banksy-balloon-girl-original, his own picture?

  34. Life During Wartime June 22, 2010 at 10:00 am #

    Wow, today’s Etsy Finds was a violation fest!

    2 pairs of 90s used shoes.

    Hinged jaw vampire teeth ring, a mass-produced item called out somewhere on ECO previously.

    Two vintage items repainted into handmade status, but listed as vintage.

    And I only clicked on the items that jumped out at me as potential uhohs. There might be more.

  35. JOINAA June 22, 2010 at 10:02 am #

    I cannot look at the E Finds and don’t subscribe for this very reason. Incompetence with the “content” team. They are “content” to be incompetent!

  36. Life During Wartime June 22, 2010 at 10:38 am #

    JOINAA, I don’t subscribe to EF but I do view it faithfully every day.

    As a vintage dealer, it is great practice for me to spot the items which don’t belong from just the first photo. And to see what kind of ‘upcycling’ is being done to vintage items so I don’t buy things like that by mistake for resale.

    Etsy Finds is great for having some laughs AND adding to my knowledge base at the same time.

    And I’ve occasionally found things to buy for my personal use by looking at a legit shop’s other items. I wish the Finds had more variety of topics and sellers, and some kind of vetting for the items.

  37. Em June 22, 2010 at 4:30 pm #

    I remember someone who would take pictures of LEGO creations and sell them. LEGO said it wasn’t allowed because they’re still profiting off the brand even though it was put together by someone else. This is definitely copyright infringement. And bull shit.

  38. Thud June 22, 2010 at 6:46 pm #

    whoa, that person is totally ripping off Banksy~ straight up stealing.

  39. Amenhotep IV June 23, 2010 at 2:38 am #

    So, if I take photos of another artist’s artwork hanging on a wall in a gallery, I can then sell it on Etsy. That’s what this says to me.

  40. Amenhotep IV June 23, 2010 at 2:44 am #

    I add – they’re banking on Banky’s name, clearly. It’s not like they’ve photographed street signs or pot holes. The prints wouldn’t sell if they were not Banksy’s work.

    Copyright infringement and THEFT.

  41. Stacey June 23, 2010 at 7:47 am #

    Eiffel Tower? Let’s compare apples to apples – you can’t walk into the Louvre, take a picture of the Mona Lisa and sell it… How is this any different?

    To whoever contacted Banksy’s website – did you get a response yet?

  42. Why care anymore? June 23, 2010 at 9:35 am #

    Seems that a lot of folks are banking on Banksy!
    http://www.redbubble.com/search/banksy/art

  43. Cosmic Yuk June 23, 2010 at 12:42 pm #

    No response yet……….

  44. SimonJester June 23, 2010 at 5:44 pm #

    I thought I remembered reading about an “artist” who did just that; take photos of famous artworks… and that they were considered brilliant for doing it for some reason. But I can’t remember who it was or where I read that… it’s driving me crazy trying to remember. I think it was a woman but other than that I can’t recall the details.

    While I was trying to find who that was, I did run across this article which is interesting, although it is more about publicly accessible sculptures and architecture than paintings:
    http://www.sculpture.org/documents/scmag05/may_05/webspecs/grant.shtml

  45. Nicole June 24, 2010 at 8:59 am #

    This seems SO wrong. But I just did a search on eBay and it looks like lots of sellers have been selling similar prints, I think eBay are pretty quick to jump on copyright infringement these days so I wonder if there is some way round copyright law if the photographs are taken on public streets…

  46. Hmm.. June 27, 2010 at 3:26 pm #

    SimonJester, you’re probably thinking of Richard Prince. Even he gets sued!

  47. uh-huh June 29, 2010 at 11:30 am #

    I only just noticed (due to an ad on craftcult) that visualcreatures is also CraftingSuccess, selling “Step-by-step Etsy Marketing Guides”

  48. hunny bunny June 29, 2010 at 8:25 pm #

    The notion that graffiti carries a copyright is hilarious to me.

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