T-shirt design angers artist
Courtesy NZ Herald - 10.06.05
By Stuart Dye
For seven years it has been an Auckland landmark, but a Ponsonby sculpture is at the centre of a spat after becoming a Hallensteins T-shirt design.
The clothing chain began producing T-shirts with an image of the three TIP sculptures in Western Park. But it has infuriated artist John Radford, who claims his copyright has been infringed.
Read on for full background.Courtesy NZ Herald - 10.06.05
By Stuart Dye
For seven years it has been an Auckland landmark, but a Ponsonby sculpture is at the centre of a spat after becoming a Hallensteins T-shirt design.
The clothing chain began producing T-shirts with an image of the three TIP sculptures in Western Park. But it has infuriated artist John Radford, who claims his copyright has been infringed.
Read on for full background.Big business exploits local artist.
John Radford designed and built the three TIP sculptures in Western Park on Auckland's Ponsonby Road, which have been voted Auckland's favourite public artwork in a Metro Magazine reader's poll.
He owns the copyright to these works but New Zealand clothing company Hallensteins, without his permission, have used images of these works on t-shirts they have been selling.
"This is devastating on many levels," he says. "One being that I am still selling a limited edition of ten bronze casts taken from the macquettes I made before the park works were built. These images being on t-shirts with the Hallensteins brand on them, and not mine, cheapens and decreases the chance of me selling these bronzes.
After the shirts were withdrawn from stores former Hallensteins manager Sue Smith told Radford the remaining unsold shirts had been destroyed. This was clearly not the case; on seeking compensation from Hallensteins for his loss, Radford spoke to merchandise director Roy Dillon, who threatened to dump the unsold t-shirts onto the international market (where New Zealand copyright does not apply) if Radford doesn't let the matter drop.
Radford says he is currently seeking legal advice before taking further action.
Background
1995 An arts Patron wants to donate a substantial sculptural work to the Auckland public, located in Western Park, Ponsonby.
1996 Radford designs a concept for a work titled TIP, involving building three corner chunks of architecture and locating them in the park. These chunks are based on parts of heritage buildings destroyed by Auckland developers in the 1980s. The concept was accepted, placement was confirmed by council and construction planned.
1997 Radford had both the Patron and the then Mayor of Auckland sign agreements stating that the copyright in the TIP works belonged to John Radford solely (unless otherwise organised, when a work is commissioned the copyright goes to the commissioner).
1997 -1998 John Radford project managed, worked with and hired a large team of people to build the three TIP works. There was a ceremony celebrating the completion of the TIP works on 4th December 1998.
Many wedding photos, band interviews etc., have been shot in front of the TIP works. Radford is fine with this as he feels such images are not exploiting his work
Since 2000, Radford has been progressively selling a limited edition of ten bronze casts taken from the working models of each of the TIP sculptures. These casts are one tenth the size of the actual sculptures that sit in the park.
At the start of last summer, when the TIP sculptures had just been voted as Auckland's favourite public artwork in a Metro Magazine reader's poll, New Zealand-owned clothing company Hallensteins started selling T-shirts with a screen print featuring an image of the sculptures. The image was made directly from a photograph taken of two of the sculptures, the name of the Hallensteins low price t-shirt brand Planet8 is printed at the base of the image.
As the holder of the copyright, Radford was devastated on finding out about these t-shirts. He feels the shirts already sold decrease the chances of him selling the remaining nine bronzes of the third work. The image shown does not acknowledge the name or location of the works or the artist's name. Instead, it seems to claim an association with Planet8.
Radford is worried that potential buyers of his bronzes considering a major art purchase will think twice if they see this limited edition work pictured on a cheap Hallensteins t-shirt. Also, he is greatly concerned that those who have purchased the bronzes sold so far in the edition will be offended if their investment is in some way devalued by its use on a cheap Hallensteins t-shirt.
At considerable cost, Radford has engaged the services of a law firm to have the shirts removed from sale and to claim damages. Hallensteins removed the shirts after two months of sales and sent a letter apologising but denying they owe any damages.
Radford expressed these concerns to Roy Dillon, Hallensteins merchandise manager, and asked him how many shirts had sold over the two month period. Dillon dismissed his concerns as ridiculous and would not let the sales figures be known or give any details of who printed or made the shirts for Hallensteins and would not specify who ordered the shirts to be designed and made.
Sue Smith, Hallensteins manager at the time, told Radford the remaining unsold shirts had been destroyed. It appears the shirts still exist as Radford was later threatened by Dillon that the unsold shirts would be sold overseas, where New Zealand copyright law does not apply, or that they may be gifted to a Salvation Army store. He then offered that, if Radford agreed to take no further action, he would destroy all remaining shirts.
Radford's request for the printing screens in China (where the shirts were produced) to be destroyed, and that this be confirmed by the screen printing business in China, were treated as ridiculous by Dillon.
Radford has taken advice from several lawyers, who all claim he definitely owns the copyright and therefore has a valid claim against Hallensteins, but that the fees for such a case would be substantial. Another lawyer specialising in copyright and patent law informed Radford this has happened before with Hallensteins.
Despite increasing media coverage of the dispute, Hallensteins still refuse to compensate Radford in any way. A protest was held outside a Hallensteins Queen Store on June 16, which was attended by television and newspaper reporters.
Hallensteins In Scrap With Artist Over Art (XTRA)