Public property?
It was John Radford’s dream job. An anonymous benefactor commissioned the biggest work of his career – a series of three sculptures for Ponsonby’s Western Park.
He’d never commercialised the work, entitled TIP, so was appalled to see two of the sculptures pictured on a madein-China T-shirt at Hallenstein Brothers, with the streetscape replaced by clouds and the company’s Planet 8 sub-brand scrawled like a signature.
‘‘I was devastated that my work was being commercially exploited and in such a cheap and, to me, offensive manner.’’
He took Hallensteins to court and the case became the reference point for discussions about copyright and public art. New Zealand’s copyright law has a special exception allowing 2D copies of ‘‘sculptures, models for buildings, or works of artistic craftsmanship’’ that are permanently situated in a public place. The judge found that exemption extended to other people making money from ripping off his work.
With the Copyright Act now under review, Radford wants that changed.
‘‘Commercial exploitation of any public artwork in my mind should be forbidden.’’
The intellectual property lawyer who represented Radford in the High Court, Earl Gray, of Sangro Chambers, has submitted to the review supporting a law change to prevent commercialisation.
He argues the exemption was intended to allow students to sketch public works and tourists to photograph them, not so companies could turn them into tea towels and postcards. Five other submitters agreed.
Intellectual property lawyer Tom Huthwaite says street art and sculptures could form a middle ground, which allowed public photography but outlawed commercial use.