From ArtNet News:
Val Kilmer, the “Top Gun” and “Batman Forever” actor who turned to art, has been accused of ripping off an artist and is being taken to court. But Kilmer is demanding the lawsuit be thrown out—and even says the man is harassing him.
According to a report in The Blast, Texas-based sculptor Bale Creek Allen filed a lawsuit last fall claiming that Kilmer stole his idea for a golden tumbleweed sculpture. Allen, who has been selling his own tumbleweed sculptures for several years through galleries in Texas and New Mexico—including one he runs himself—asserts that that actor knowingly took his concept and copyrighted means of production.
Allen claims that Kilmer contacted him about buying one of his sculptures before the actor decided they were out of his price range. Then, in 2016, Allen says he discovered a similar work by Kilmer, cast in 22 karat gold, which was allegedly sold for $150,000.
. . . .
In court documents obtained by The Blast, Kilmer’s lawyers say the actor “specifically denies that he has infringed or is liable for infringement of any purported copyright held by Mr. Allen.” They also accuse Allen of “misuse of copyright by filing unmeritorious and sham claims” and say his lawsuit is being pursued “with the intent and effect of harassing Mr. Kilmer.”
Link to the rest at ArtNet News
The Blast has more:
Kilmer says he “specifically denies that he has infringed or is liable for infringement of any purported copyright held by Mr. Allen.”
He argues the artist’s work lacks the “requisite originality for copyright protection” and says if Kilner’s artwork looked similar, it’s not something that can be copyrighted.
Kilmer continues, “Mr. Allen’s claims are barred because of his misuse of copyright by filing unmeritorious and sham claims in the Complaint to use his purported copyright to secure an exclusive right or monopoly not granted by the copyright office, contrary to public policy, doing so with anticompetitive intent and effect and with the intent and effect of harassing Mr. Kilmer.”
. . . .
Bale Creek Allen claims to have been selling gold colored tumbleweed sculptures for years in art galleries around Texas and New Mexico.
Link to the rest at The Blast
There are photos of the artwork at the OP.
PG says in his experience most tumbleweeds look pretty much alike with a few outliers. However, he also expects a close examination of tumbleweeds would reveal that each one has its own unique stem patterns.
PG is skeptical of any sort of claim that the Texas artist owns a copyright on gold-colored tumbleweeds of any size or shape. If the artist has been selling his tumbleweed sculptures for years, are they all the same or has he sold sculptures based upon different original tumbleweeds?
If they are different, has the artist registered copyrights on each different tumbleweed sculpture?
From the photo in the OP, Mr. Kilmer’s sculpture has a different appearance than the Texas artist’s sculpture.
Here’s what the US Copyright Office says about copyrights of sculpture.
I’m just puzzled that the spray-painted tumbleweeds are called “sculptures.” Nobody chiseled or carved them, right? They took a real thing, and painted over it? I dunno, I’d be embarrassed to say I was “creating” art in that case; I’d just call it decorating. Especially if I were standing in the same room as a Michaelangelo or a Praxiteles.
But I’m distressed to know that I could have spray painted my weeds and sold them for six figures. All this time, I’ve been pulling them up and throwing them away! Boy, do I feel dumb!
“According to a report in The Blast, Texas-based sculptor Bale Creek Allen filed a lawsuit last fall claiming that Kilmer stole his idea for a golden tumbleweed sculpture.”
If the above is literally true Kilmer is in the right, regardless of whether he copied the idea or not. Also, the claim that he *copyrighted* the means of production is suspicious. Means of production is a process, something you patent. Is he representing himself before the court?
Also: Unless the Kilmer tumbleweeds are made of a lot of real gold, somebody is betting a lot of cash on his name.
Depending on the size, a 22 karat “tumbleweed” would have quite a few ounces involved.
But, dang it, if I’d known then what I know now! One year, we had an especially good “crop” of tumbleweeds. My grandmother spray painted a bunch of them gold and silver, and staked them down around her flower beds. Rather attractive (if odd), and kept the felines from using the beds for their “business.” She’s only been gone for thirty years now, the copyright (if she had one) would still be good.
And lots of us so afflict—, er, blessed with Russian thistle pile three into a stack, spray-paint or flock them white, and decorate them as snow men and such.
Doesn’t everyone?
So it wouldn’t be patentable for “previous art” and obviousness. 🙂