this week it became known, got a continuation of several years of history of mutual judicial claims of the two organizations related to the name and heritage who died in 2018 of the artist Robert Indiana — Fund Morgan Art Foundation, has long represented the interests of the artist at art-рынке, and publishers American Art Image, producing lottery schedule Indiana.

Recall that in the summer of 2018 representatives of Fund accused the nurse of Indiana Jamie Thomas that he, in collusion with the head of publishing, Michael Mackenzie, secretly the artist used his facsimile signature and handed over to the publisher for selling unauthorized lottery work totaling about $30 million.

23 APR 2020 Michael Mackenzie filed a counter claim to the Fund is Morgan Art Foundation, claiming that the most famous work Indiana — font writing LOVE (and all its visual incarnations: painting, sculpture, circulation products, etc.), created by the artist in 1964, from the moment of creation was freely available according to the request of the author. That note, it did not prevent Indiana later sold to the Foundation rights to use the image of LOVE as a trademark — in other words, moving the object in the region of the patent of law, not copyright. This means that the Fund, representing the interests of the artist, was entitled to receive money for allowing commercial or other use LOVE. And today to distinguish when using the original font style, and when — matching trademark is not actually possible, leading to endless legal disputes.

representatives of the plaintiff called the Foundation's activities regarding the work of the LOVE "one of the biggest deceptions in the history of art." The total amount that, as suggested by the plaintiff, received the Fund from the sale of the copyright in the composition of the patent is more than $150 million Justifying this amount in a letter addressed to the judge Annalisa Torres, partial published, The Art Newspaper, Mackenzie argues that Morgan Art Foundation received the money from the sale of copyright of more than 1,000 sculptures, the total value of which "is more than $100 million, and more than a million other works of art, Souvenirs and other products with the sign of LOVE, the total cost of which amounted to about $50 million."

in Addition to the legal evaluation of the Fund, Mackenzie reportedly will seek cancellation of trademark registration matching the original font style of LOVE, and using the image of this work by the Foundation. For the rest of the art market adjudication must determine which of two actions of the artist now considered more substantial: previously made a public statement or later the contract is signed.

the Material was prepared by Maria Kuznetsova, AI

Source: artsy.net