PUBLIC ART PROJECT ERASED
Artist sorry for misuse of pictures
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.”