Calgary Herald

PUBLIC ART PROJECT ERASED

Artist sorry for misuse of pictures

- EVA FERGUSON eferguson@postmedia.com

Calgary area artist Derek Besant has apologized for using the work of other photograph­ers in a $20,000 public art installati­on, but has not yet addressed questions of compensati­on or copyright infringeme­nt.

In an emailed statement to media, Besant said he believed it would be acceptable to use images he found in a comedy festival brochure because they were “already out in the public domain.”

“Therefore, I thought they could be collaged as background­s to be further interrupte­d with text elements for the 4th Street community art-site concept,” Besant wrote.

“I intended my project to incorporat­e a theme of ‘representa­tions of strangers that could be from anywhere, in any city’ ... My premise was to open up a conversati­on centred around ‘who are we — in cities.’

“I’ve initiated that the temporary artwork be removed immediatel­y and want to apologize to all concerned.

“In no way did I ever mean to hurt anyone involved, and I am extremely sorry that this is the result of my misunderst­anding.”

Besant came under fire this week after British comedians discovered their promotiona­l photos were used in the public art installati­on called SNAPSHOTS in the 4th Street S.W. underpass downtown. The images were blurred and carried captions such as “I am hungry” or “I sleep outside.”

British photograph­ers, who say Besant never asked permission to use their work, are asking to be compensate­d and are exploring their legal options.

At the same time, the City of Calgary legal team is carefully examining its contract with Besant to see whether all obligation­s have been fulfilled.

“We’re taking a look into what the issues are with the contractua­l agreement,” said Kurt Hanson, general manager of community services.

“We’re assessing his (Besant’s) responsibi­lities with respect to what needed to be undertaken with regard to the concerns that have presented themselves,” Hanson added, explaining they are connecting with city lawyers.

British photograph­er Andy Hollingwor­th confirmed Wednesday that he is seeking compensati­on for the use of his work.

“A photograph over which I hold copyright has been used in a public art installati­on without my knowledge or consent. It would appear that an attempt was made to disfigure the image in order to disguise the source,” Hollingwor­th told Postmedia.

“I’ve emailed Derek and am expecting recompense for passing my copyrighte­d work off as his own. He also pretended the artists were others and made up quotes by them,” he said.

“If he doesn’t contact the artists and photograph­ers with an offer, I feel the amount of solid evidence against him would put him in serious trouble.”

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