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Go Back   Net54baseball.com Forums > Net54baseball Main Forum - WWII & Older Baseball Cards > Net54baseball Sports (Primarily) Vintage Memorabilia Forum incl. Game Used

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  #1  
Old 08-08-2009, 06:38 PM
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baseballart baseballart is offline
Max Weder
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Greg

The issue of reproducing original art work depicting famous players is subject of much litigation, statute law, constitutional protection, bullying and generally much confusion. Both Tiger Woods and The Three Stooges (ok, their estate) have taken great length to stamp out reproduction.

You may very well be on solid legal ground doing reproductions of your work, given the transformative talent, but the push back of a phalanx of lawyers is likely to wear you down.

Here's one article on it for the board from the California Lawyer magazine:

http://www.callawyer.com/cleStory.cf...=883760&evid=1

" Subsequent cases, however, have typically exalted the First Amendment over state law rights of publicity. The California Supreme Court has held that the First Amendment will trump the right of publicity as long as the defendant's use of the plaintiff's name, voice, or likeness involves "significant transformative elements" such that the defendant is not merely trading on the value of them. (Comedy III Productions, Inc. v. Saderup Inc., 25 Cal. 4th 387 (2001), holding that charcoal drawings of the Three Stooges violated the right of publicity because of their lifelike nature and lack of transformative elements;"

Last edited by baseballart; 08-08-2009 at 06:39 PM.
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  #2  
Old 08-08-2009, 08:01 PM
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GKreindler GKreindler is offline
Graig Kreindler
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Max,

Thanks so much for the reply to my long-windedness. I definitely remember the whole Woods vs. Rush thing, as I feel like it's become sort of the poster-child for artists who deal with intellectual property in their work.

In the end, you're right, the First Amendment would allow me to jump some of those hurdles, but I feel like the litigious nature of that beast could create a heap of trouble for my lawyer fees.

Actually, in speaking with my lawyer a few years back, he had talked to me about some of those "transformative elements", and much to my surprise (and chagrin) bringing someone/something to life with color was NOT one of them. If that doesn't work, then I don't know what would!!

If you don't mind me asking, has your wife ever run into issues like this? Or does she just do originals? Maybe I should get in touch with some of those guys like Holland and Stark, as I am most curious to see how other artists get around these legal issues. Also, I know for sure that they're plenty of people out there doing paintings/drawings of famous people and using them for commercial purposes (though I suppose they are able to fly under the radar).

Last edited by GKreindler; 08-08-2009 at 08:03 PM.
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  #3  
Old 08-08-2009, 08:47 PM
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Ladder7 Ladder7 is offline
Steve F
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Already an amazing thread and so early in the month.

The Big Kahuna is marching in this image -somewhere. When I get it in-hand, I'll find the speedy little bugger.
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  #4  
Old 08-08-2009, 09:19 PM
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M@rk V3l@rd3
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Graig,
You are most welcome. I don't know enough about the technical aspects of painting/drawing like shadow and highlights, etc...BUT I do know what looks good. That Mathewson is just awesome.
Well, if you figure out a way to do prints.lithos put me down on a mailing list to get the brochure. Alternatively, if you ever decide to paint one like that of Lou Gehrig, and give it away really inexpensively, let me know. OR if I hit the Powerball, I'll be giving you a call.

Mark
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  #5  
Old 08-08-2009, 10:17 PM
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Graig Kreindler
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When it comes down to it, I don't think you need to know anything about art to appreciate it. If it moves you in some way, then that's all you need (in my opinion, that is). I'm honored that I was able to get that out of you.

I'll definitely keep you (and everyone on Net54) in the loop regarding prints/books/catalog and all of that stuff, so no worries. And, I'll definitely be painting more shots of Gehrig from that day, as I have plenty of different angles to choose from. As to their sizes and pricing, well, I guess it will all remain to be seen...
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  #6  
Old 08-09-2009, 07:11 AM
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Scott
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I really like the explanation of art "moving you" emotionally in some way. When I see detail like that in people's expressions, to me it is almost three dimensional like, almost like the subject is alive. The Matty has been used as my background on my computer for a time now, and it still amazes me how brilliant your work is Graig.

Some of us are destined to struggle along, others have God given talent that they have refined even more as they've gone along. Congratulations again on affecting so many people's love of Baseball with your outstanding work.
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  #7  
Old 08-10-2009, 11:16 AM
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Graig Kreindler
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Thank you so much, Scott.

Ya know, a lot of people, whether they're friends of mine, or people that I meet for a second at a convention, will say that they 'know nothing about art', and I honestly think that it's a shame. Not that they 'know nothing', but that they think they 'know nothing'.

The fact is, they're certain people who can talk about art with a lot of intimidating words and ideas, stuff that they may have read in history or theory books, or have just managed to formulate on their own. And, I feel like those people can make art seem like it's only something for the overprivileged and well-read, and then to everyone else, art can become pretty intimidating.

So, when someone can look at my own work and say that it just makes them feel a certain way (whether they can describe the feeling or not), I feel like they know everything about art. I guess what I'm trying to say is that acknowledgment of a feeling is more important than a description of it. It's similar to the idea that you (and everyone on this board) collect memorabilia, baseball cards and the like because you have some sort of connection to the stuff. It hits you on a gut level (excuse the Woody Allen reference). Maybe it's because of the attachment to the game. Maybe it's because of the connection with fathers and grandfathers. Maybe it's because you love the way those old uniforms look. No matter, you were drawn into it because it makes you feel something.

I think that's all anyone needs to know about art, that it has the power to do that.

I'm off my soapbox now.
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  #8  
Old 08-11-2009, 05:20 PM
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thekingofclout thekingofclout is offline
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Default I love this one I just picked-up...

A vintage original TYPE I of "Rapid Robert" while tossing his historic opening day no hitter! Don't believe I've seen this one before.

What's really cool is that two weeks ago in Cleveland, I went to the Indians game and they were honoring Feller and some other Cleveland greats. We were nine rows back of home plate so it was something special to see (who says you can't have fun in Cleveland).

fellerNONO.jpg
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