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Christopher

Christopher

Portland, OR
November 2002

JAN 08, 2005 11:00 PM

While at an exhibition in the North Carolina Museum of Art, Julia Illana, a second grader, was told by a security guard that the young artist couldn’t copy the Matisse painting into her notebook because it “broke copyright.”

A museum guard told Julia's parents that sketching was prohibited because the great masterpieces are copyright protected, a concept that young Julia did not understand until her mother explained the term.

"If you wrote a book and someone saw that book and copied it," Julia's mother said. "Then people would think that that person was the one who wrote the book when you were the actual one." [Â…]

There was no copyright issue, and the museum apologizes and is telling artists to sketch away as long as they do not interrupt the flow of traffic in the always crowded gallery.

Julia admits that she's not ready to show her artwork anyway.

"I wouldn't publish my notebook with the sloppy writing," she giggled.


How has our copyright system gotten so corrupt, fascist, and cold that security guards, even if they are mistaken, can tell children they canÂ’t scribble in their notebooks?

hermetica

hermetica

Cook Islands
January 2004

JAN 09, 2005 01:07 PM

You . Have. got. to. be. kidding. me.

That guard must just have a bad and mistimed sense of humour. Seriously.

Stoopid. Like a 2nd grader would understand anything other than they were being intimidated by a uniformed authority figure.
That guy oughta be reprimanded on the basis of being a complete and utter douchebag.

whatever

FunkySkunk

FunkySkunk

Gainesville, FL
July 2004

JAN 09, 2005 01:11 PM



How has our copyright system gotten so corrupt, fascist, and cold that security guards, even if they are mistaken, can tell children they canÂ’t scribble in their notebooks?



Umm... it seems like the gaurd just didn't know what he was talking about. I don't think this museum accident is the beggining of a new facist regime.. but thats just me. I don't normally post but that comment is really reaching for conclusions.

_Elichrusos

_Elichrusos

Australia
November 2004

JAN 09, 2005 01:11 PM

hermetica said: That guy oughta be reprimanded on the basis of being a complete and utter douchebag.



How can a security guard at a gallery not know anything about copyright? And why would he think it was ok to run around enforcing rules he *Does Not Understand*

GAAAAHHHH!

Also, mad props to the second grader sketching Matisse.

EDITED TO ADD:
There is a clause in copyright refering to how long copyright can be held valid. I believe (though I may be wrong) that copyright expires one hundred years after the creation of the work, or fifty years after the creator's death. Someone care to confirm or elucidate this for me?

[Edited on Jan 10, 2005 5:14AM]

anonymouse

anonymouse

Miami Beach, FL
OLD SKOOL

JAN 09, 2005 01:17 PM

Really? For real? I mean, I see people sketching statues and things at museums all of the time. Weird.

Mullen

Mullen

San Diego, CA
April 2003

JAN 09, 2005 01:17 PM

If you are taking Copyright Law advice from a Secuirty Guard, then you are plain old stupid. Just stupid.


Some wage slave who could not get into the police acadamy is not the person you should be listening to for Copyright law advice.

MustiMan

MustiMan

Finland
OLD SKOOL

JAN 09, 2005 01:36 PM

Ok,

here's a couple of questions.. Firstly, Matisse died in 1954, which means that his works are still under copyright (at least in Europe, in US the rules are a bit more complicated (cf. this)).
Secondly, does sketching a work violate copyright? The basic answers is yes because ithe outccome is a derivate work. Never the less, it is very apparent that this is actually covered by fair use and therefore not illegal. Thus, the goon was not only stupid in PR-sense but also factually wrong. shocked

Projecta119

Projecta119

Stewartstown, PA
January 2004

JAN 09, 2005 02:31 PM

Boy, can we figure out anyother ways to criminalize childhood??? Just give her some mood altering drugs like ritalin, that should help surpress any creative though, or otherwise subversive activities..... (this message brought to you by Swiss pharmaceutical
company Novartis)
don't forget to thank your congressional lobbyist.

madmann_83

madmann_83

Moseley, VA
January 2004

JAN 09, 2005 02:37 PM

the copyright system is far from corrupt. it pisses me off when, every day, people bring in professional photos and studio portraits and try to copy them. i am noit protecting the guard, he is a dumbass.

boundcreature

boundcreature

Boston, MA
April 2004

JAN 09, 2005 02:48 PM

"How has our copyright system gotten so corrupt, fascist, and cold that security guards, even if they are mistaken, can tell children they canÂ’t scribble in their notebooks?"

no. the guard was just an idiot.

"our copyright system" is the only reason you even HAVE artists.

don't forget that.

Twwly

Twwly

SUICIDEGIRL

Ontario, Canada

JAN 09, 2005 03:25 PM

The museum apologized, n'est pas? Unfortunately for them, they have a nincompoop on thier staff, but I doubt he'll ever make that mistake again.

JamesRiot

JamesRiot

San Pedro, CA
December 2003

JAN 09, 2005 03:31 PM

Yeah, while the security guard was (obviously) a dope, no real harm done. I sketch in the museums in Manhattan all the time and have never gotten so much as a dirty look. Maybe it was just a case of a different environment? Lack in education?

Carmady

Carmady

United Kingdom
January 2005

JAN 09, 2005 03:44 PM

BuckyKatt666 said:
"our copyright system" is the only reason you even HAVE artists.

don't forget that.



Er, what proportion of the great masters lived in a time of copyright law?

doolittle

doolittle

Mesa, AZ
December 2004

JAN 09, 2005 03:50 PM

RubiconThoughts said:

hermetica said: That guy oughta be reprimanded on the basis of being a complete and utter douchebag.



How can a security guard at a gallery not know anything about copyright? And why would he think it was ok to run around enforcing rules he *Does Not Understand*

GAAAAHHHH!

Also, mad props to the second grader sketching Matisse.

EDITED TO ADD:
There is a clause in copyright refering to how long copyright can be held valid. I believe (though I may be wrong) that copyright expires one hundred years after the creation of the work, or fifty years after the creator's death. Someone care to confirm or elucidate this for me?

[Edited on Jan 10, 2005 5:14AM]


i am not sure on paintings, but i believe a photograph's copyright expires after 30 years... at least that's what we're trained to look for at photoshops when somebody brings in a copyrighted picture.

Carmady

Carmady

United Kingdom
January 2005

JAN 09, 2005 03:57 PM

Wikipedia says:


Copyright Expiration Day

In the United States, the copyright law causes all copyrighted works which have reached the end of their term of copyright protection to fall into the public domain on January 1 of the appropriate year.

Due to the accession by the United States to the Berne Convention (Berne Union treaty), the U.S. originally changed its laws to have all works created by an author fall out of copyright (into the public domain) at the same time, January 1, 50 years after they died, or either 75 years after publication or 100 years after creation, whichever is shorter, if the author was not a natural person or was a collective work or work for hire.

This was later changed as a result of the Sonny Bono Copyright Term Extension Act which increased protections for copyright holders by 20 years to harmonize with the WIPO Copyright Treaty and the equivalent extension made to the 1993 revisions to the Berne Convention.

As a result of these changes, in the case of a work created by an individual, the work goes into the public domain on January 1, 70 years after the author dies. Where the work is a joint effort of two or more authors, it goes into the public domain on January 1, 70 years after the death of the last surviving joint author.

In the case of a work made for hire, a pseudonymous work, a collective work (such as Wikipedia, a collaborative Encyclopedia) the work goes into the public domain on January 1, 95 years after the date of first publication, or 120 years after creation, whichever is shorter.



Though I dunno if this reflects recent attempts to transfer/prolong copyright (and the ludicrous gene patenting currently going on).

On the bright side, some benevolent copyright extension:


Unusual copyright grants
On rare occasions, rights can be granted outside of usual legislation. When the current UK copyright legislation was debated in parliament, former Prime Minister Lord Callaghan successfully proposed an amendment allowing the Great Ormond Street Hospital for Sick Children to retain indefinitely the rights to payments of royalties for performances of Peter Pan. This allowance can be seen explicitly written into Schedule 6 (http://www.hmso.gov.uk/acts/acts1988/Ukpga_19880048_en_28.htm#sdiv6) of the Act.


WeirdUncleBob

WeirdUncleBob

Australia
May 2004

JAN 09, 2005 04:49 PM

Was it his first day? He was ignorant, perhaps, of the copyright rules but surely the girl wasn't the first person he'd seen copying art? Or is he just a mean-spirited arsehole who enjoys spoiling others' amusement and wanted to see the girl cry while?

Mullen said: Some wage slave who could not get into the police acadamy...

Bit harsh, brother. Aren't we stereotyping here a wee bit? tongue

TheDead

TheDead

Greenville, SC
November 2003

JAN 09, 2005 06:07 PM

I agree with the majority of the statements in here The security officer was obviously an idiot. I spent about 5 years in the security industry and the VAST majority of the people that are hired to do some of these jobs are idiots.
I fired so many people. You would not beleive how some people start to act when they put on a "uniform". I fired a guy once because he was involved in a traffic accident, on his way to work, so he was in his "uniform" and he got out and threatened to arrest this young girl who rear ended him!!!!!! The complete and total idiocy of the people who are in this business is what lead me to just get the hell out of it before I went crazy.

dem_z

dem_z

United Kingdom
June 2004

JAN 09, 2005 06:41 PM

If you allow 8 year olds to doodle the THE TERRORISTS HAVE WON. I want to see a war againts crayons now. Crayola - part of the axis of evil along with Sculpy and Lego.

The only thing this story needs is a taser


EDIT: If Crayola Lawyers are reading this I don't really think that you're a terrorist support front. I love Crayola, and would buy it if I had kids. Please don't sue me.

[Edited on Jan 10, 2005 by demetrius_z]

Attack_Macaque

Attack_Macaque

Mesquite, TX
September 2004

JAN 09, 2005 08:58 PM

My god, this ranks right up there among the stupidest things I have ever heard of. Children with an interest in art are rare enough without idiots like this guard harassing them for something that anyone with a functioning brain could tell is legal and acceptable. Fuck. mad

You know, I was thinking of a quote that might be applicable to this story, but I wouldn't want to infringe on anyone's copyright by posting it here. whatever

dingoes8

dingoes8

Milwaukee, WI
March 2004

JAN 09, 2005 09:01 PM

Now watch that kid sells her doodles for millions of dollars. You'll all feel pretty stupid.

Nescafe

Nescafe

Winter Park, FL
June 2003

JAN 09, 2005 10:05 PM

BuckyKatt666 said:

"our copyright system" is the only reason you even HAVE artists.

don't forget that.



i'm getting this tattoo'd on my back.

Artsitis

Artsitis

Canada
December 2004

JAN 09, 2005 11:29 PM

lol...

Even if it were illegal to copy paintings that would have had their copyright expire anyways, I suspect the differences between the original and the scetched copy would be significant enough for the sketch to be considered an original piece of art, not bound to any legal contract in relation to the original...

Unless of course she was using tracing paper pressed against the original - and then the problem would be damaging the original :/

LizBruning

LizBruning

Saint Louis, MO
November 2004

JAN 10, 2005 09:11 AM

I recently visited Paris, and in the Lourve, I found the art students that were using the masterpieces as inspiration much more interesting than than what was on the walls.