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Snape-Sun
This has nothing to do with actual "law" but my own opinion about an icon of Pop Culture.

I keep wondering what the late artist Andy Warhol would make of a famous author of a popular book suing a fan?

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 I'm thinking of course of the Lawsuit against the Harry Potter Lexicon by J. K. Rowling and Warner Brothers.  People often say the Lexicon is ripping off JKR with the alphabetical encyclopedia of Pottermania, and "how dare Steve Vander Ark do that"?  "Why doesn't he write his own books with his own characters?" goes another familiar argument.

But it's just not that simple, and there are other ways to see this in terms of creativity that is "derivative" of someone else's work, yet also respectful and new in it's own way.

For those who don't know the work or career of Andy Warhol, he was one of the most influential artists of the Sixties, in both painting, film, and style. He believed that there are "iconic" things in our society to which everyone in society has an emotional conection.

People like Marilyn Monroe, Elizabeth Taylor and Jackie Kennedy became his subjects as he painted variations of their faces with Xerox-like precision, in different screen-printed colors. Just as magazines and movies reproduced faces over and over, so did his art. He copied famous photos of them from the newspaper, but no newspapers ever sued him. 

Elvis and Chairman Mao never sued Warhol either.

If he was alive today, he would be painting Britney, Amy Winehouse, Barach Obama, and perhaps even J.K. Rowling.   He would certainly be drawn to her famous creations - Harry of course, but perhaps also Sirius Black, Luna Lovegood, or Severus Snape?  Certainly Dumbledore in pastel elegance. He would probably say they belong to everyone because they are all so famous. They are icons in our society now.

Was he ever sued by Marilyn Monroe? I don't think so. :) Of course she died young. But Jackie Onassis also never sued him, and we know she had millions of dollars at her disposal. Elizabeth Taylor probably really liked him, since I've never heard she called an attorney and said "Go check on this Warhol guy. He's plastering my face all over an art gallery and only I control my image." 

Perhaps those ladies were all classy enough to understand that imitation is the sincerest form of flattery.

Were Warhol's paintings "Creative" in the sense that they were "original"? Or was he just "living off of other people," as we often hear the phrase in the Harry Potter Community? Well, they weren't in the original colors, but they were all the same repetitious likenesses. They were in some ways "bigger" than the original people and subjects, and yet he captured the idea that there are different "interpretations. And he was democratic - he left in the flaws, and didn't "retouch" anything. 

Was that Art or Reality?  Was he a copycat, a leach, a criminal, or just a fan?

Was he ever sued by the soup company for painting his famous Campbell's Soup Cans that now sell for millions? I had to find out. The answer - No. In fact, Warhol and Campbell's Soup had a working relationship, and they didn't bother each other. He sold his Campbell's Soup paintings for money. That's right ~ cold hard cash. The actor Dennis Hopper paid $100 for an early version. As far as I know, Campbell's did not get a cut of Hopper's C-Note. Later, he would ask Campbell's for copies of soup labels,which cracks me up. And they even commissioned a painting from him, for which I presume they paid money.

Did the soup cans belong to Andy Warhol? Did the copyright for the label belong to him? No. Did people enjoy those paintings - of course! Did Campbell's benefit because they never sued him and let him make his art? Absolutely.

And notice the name on his Museum. It's not called the "Campbell's Soup Museum" or the "Marilyn Monroe Gallery."

It is called The Andy Warhol Museum.  He's the guy that done it all, is why. 





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Comments

[info]clair_de_lalune wrote:
Feb. 12th, 2008 08:57 pm (UTC)
It's an interesting question, especially regarding the Campbell's Soup label, which must be trademarked. After all, despite being an icon, Warhol didn't really create anything new in his Campbell's Soup paintings, did he? Was it these paintings that made him famous or was he already famous? Of course, the situation is a bit different. Plastering Campbell's Soup cans all over the place is great free advertising for the company.
[info]potionsmistres wrote:
Feb. 12th, 2008 11:58 pm (UTC)
Well, why don't those other authors of the HP encyclopedias that are/were out there create their own characters/novels and stop "leeching" off "poor" JKR? I honestly believe that if she would be more willing to work with Steve, she wouldn't be finding herself in this situation. And when (if) she ever does write her oh-so great tome of all things HP, she'd sell just as many copies with Steve's book on the market than without it. Take a leaf out of Marilyn's, Elizabeth's, Jackie's, and Campell's books Ms. Rowling--let Steve publish his book. Trust me when I say this, it'll be good for all concerned.
[info]rattlesnakeroot wrote:
Feb. 13th, 2008 02:14 am (UTC)
It just seems to me that it makes alot more sense to allow a certain amount of worshipful books to be written as long as they are not plagiarizing the main canon. There have always been commentaries on books and plays going back to the Ancient Greeks. There are fan books about every popular thing in our culture, from TV shows to celebrities.

Steve has just written something on the Lexicon and I'll put it in a different post. On Leaky, I saw the comment by Melissa Anelli that since Leaky had hosted the Lexicon all these years, Steve really didn't have any expenses. Others jumped on him and said he was telling an untruth in the court papers. So he has retorted here:

http://www.hp-lexicon.org/comments/?p=252

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