Richard,

 

I fully understand and agree that representing an item as authentic and
selling it clearly cross the line.  Certainly the Academy would never do
that.  The real question for me was around the artist.  Is the artist a
forger if the item is represented as authentic and sold?  Even if he was
told it was for private display?  Is it really a question of whether the
artist completed due diligence on the buyer?  Should the practice of copying
posters simply be classified as forgery and considered illegal because the
artist can't know what the commissioner might do with the poster?

 

Anyway, just food for thought.

 

One thing is certain in my mind, if an artist copies a poster knowing that
it will be represented and sold as authentic it is forgery and theft.

 

Regards

 

DBT

 <http://www.linkedin.com/in/douglasbtaylor> Profile

 

From: MoPo List [mailto:mop...@listserv.american.edu] On Behalf Of Richard
Halegua Comic Art
Sent: Wednesday, September 02, 2009 4:20 PM
To: MoPo-L@LISTSERV.AMERICAN.EDU
Subject: Re: [MOPO] Copy or forgery?

 

Doug

your example is well taken, however I think there is one very important
factor here: 
the Academy will never sell the item. It will never be out in the
marketplace, probably even if a Cavalcade one sheet comes up & they beat you
out of it in an auction it will not be sold.

Also, isn't it signed by the artist as well??

Rich


At 01:17 PM 9/2/2009, Doug Taylor wrote:



The current issue of posters being copied/replicated and sold as original
got me thinking about copies/forgeries and legal/illegal.
 
Specifically, I thought about the Academy who (as I understand it)
commissioned an exact copy of the Cavalcade OS to hang in their collection
to represent the original OS that they do not currently own.  Of course,
they would never represent this as anything other than a copy, but it made
me wonder about the artist.  Whomever made the copy certainly knew that they
were recreating a poster as perfectly to the original as possible and must
have considered it a good and honest commission coming from a reputable,
paying client.
 
Would/should the artist have declined the commission because his work might
have been categorized as forgery?  Is it only forgery if the purchaser
represents the piece as authentic?  Is it only forgery if the purchaser
attempts to sell the piece as authentic?
 
Regardless, if the artist accepts the commission to make a legitimate copy
and the purchaser then attempts to sell the work as authentic, was the
artist at fault?
 
I'm not trying to slant the conversation in any one direction.  This topic
just caused me think more about the issues and made it far less black and
white situation for me.
 
Regards
 
DBT
Profile <http://www.linkedin.com/in/douglasbtaylor> 
 

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