{"id":1682,"date":"2008-10-08T14:05:44","date_gmt":"2008-10-08T12:05:44","guid":{"rendered":"http:\/\/nathanielstern.com\/blog\/2008\/10\/08\/settled\/"},"modified":"2008-10-08T14:05:44","modified_gmt":"2008-10-08T12:05:44","slug":"settled","status":"publish","type":"post","link":"https:\/\/nathanielstern.com\/blog\/2008\/10\/08\/settled\/","title":{"rendered":"settled"},"content":{"rendered":"

Via Art Heat<\/a> via M&G<\/a>:<\/span><\/p>\n

<\/a><\/p>\n

Last week BMW and its advertising agency, Ireland Davenport, offered Marx an out-of-court settlement and apology for copyright infringement.<\/span><\/p>\n

In 2005 Marx held a solo exhibition at the Warren Siebrits gallery in Johannesburg, in which he showcased a technique he had developed of creating line illustrations from roads on map fragments.<\/span><\/p>\n

Ireland Davenport used the idea in a 2006 newspaper campaign advertising the BMW Z4. According to sources close to the artist he claimed R1,5-million in damages.<\/span><\/p>\n

On September 25 some of South Africa’s top artists, including William Kentridge and Penny Siopis, donated their works to an auction to raise funds for Marx’s legal fees. The auction, held at Newtown’s Bag Factory art studios, raised about R450 000.<\/span><\/p>\n

Legal fees were estimated to be R300 000, the balance will be used to set up a David and Goliath Fund, which will help artists in future plagiarism claims.<\/span><\/p>\n

In a statement this week attorney Owen Dean said Marx, Ireland Davenport and BMW SA had “amicably” settled the case.<\/span><\/p>\n

The agency said it had no intention of associating its campaign with Marx’s work, adding that it “fully supports the arts and regrets if any impression to the contrary was given”.<\/span><\/p>\n

The apology contradicts a report in The Star earlier this week in which BMW spokesperson Benedict Maaga said the company “contests the assertion that it has infringed the rights of the artist Gerhard Marx or plagiarised his work”. <\/span><\/p>\n

Pretoria-based Owen, who represented the family of deceased composer Solomon Linda in a royalties claim against Disney Enterprises over The Lion Sleeps Tonight, said that copyright infringement is on the increase in South Africa.<\/span><\/p>\n

“There is a cavalier attitude, one of the problems is that it is now so easy to reproduce works — like downloading them from the internet.” Dean said.<\/span><\/p>\n

The David and Goliath fund, he said, could play an important role because the Copyright Act is expensive to enforce.<\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Via Art Heat via M&G: Last week BMW and its advertising agency, Ireland Davenport, offered Marx an out-of-court settlement and apology for copyright infringement. In 2005 Marx held a solo exhibition at the Warren Siebrits gallery in Johannesburg, in which he showcased a technique he had developed of creating line illustrations from roads on map […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[6,27,8,2],"tags":[],"class_list":["post-1682","post","type-post","status-publish","format-standard","hentry","category-art","category-creative-commons","category-re-blog-tidbits","category-south-african-art"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/s9blZT-settled","jetpack-related-posts":[{"id":1109,"url":"https:\/\/nathanielstern.com\/blog\/2006\/03\/08\/plagiarism-and-copyright-infringement-of-gerhard-marx%e2%80%99s-work\/","url_meta":{"origin":1682,"position":0},"title":"PLAGIARISM AND COPYRIGHT INFRINGEMENT OF GERHARD MARX\u00e2\u20ac\u2122S WORK","author":"nathaniel","date":"08 March 2006","format":false,"excerpt":"From Warren Siebrits:On Sunday, 19 February 2006, an ad campaign \u201ccreated\u201d by advertising agency Ireland-Davenport, for their client BMW South Africa, appeared reproduced full page in numerous Sunday newspapers.\u00a0This advert depicting a female nude observed from behind, has been composed very closely in style and concept to that of Gerhard\u2026","rel":"","context":"In "art"","block_context":{"text":"art","link":"https:\/\/nathanielstern.com\/blog\/category\/art\/"},"img":{"alt_text":"(detail) SHEET # 2 : HORIZONTAL FIGURE 2 cut and reconstituted map fragments 38 x 141cm","src":"https:\/\/i0.wp.com\/nathanielstern.com\/blog\/wp-content\/uploads\/2006\/03\/gerhard-marx.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":1678,"url":"https:\/\/nathanielstern.com\/blog\/2008\/09\/24\/davidgoliath-artists-versus-corporate-crime\/","url_meta":{"origin":1682,"position":1},"title":"david&GOLIATH: artists versus corporate crime (updated)","author":"nathaniel","date":"24 September 2008","format":false,"excerpt":"Reember this? Gerhard Marx had his art work pretty much stolen by an ad agency for a series of BMW ads. That lawsuit is about to come to a head; many artists want to help - and also don't want to allow this to happen again. Here's how the bag\u2026","rel":"","context":"In "art"","block_context":{"text":"art","link":"https:\/\/nathanielstern.com\/blog\/category\/art\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":966,"url":"https:\/\/nathanielstern.com\/blog\/2005\/12\/08\/gerhard-marx-warren-siebrits-gallery\/","url_meta":{"origin":1682,"position":2},"title":"Gerhard Marx @ Warren Siebrits Gallery","author":"nathaniel","date":"08 December 2005","format":false,"excerpt":"... brilliant work, and so forgive me if I gush a little too much...","rel":"","context":"In "art"","block_context":{"text":"art","link":"https:\/\/nathanielstern.com\/blog\/category\/art\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1316,"url":"https:\/\/nathanielstern.com\/blog\/2006\/09\/12\/va-various-art-2\/","url_meta":{"origin":1682,"position":3},"title":"v\/a (various art) (updated below)","author":"nathaniel","date":"12 September 2006","format":false,"excerpt":"Sorry for the lack of posting lately, everybody. As promised a few weeks ago, things are crazy with the big move, and finishing up all the things I need do here in Joburg. It looks like, however, I may have a couple of takers for my blog, which means Joburg\u2026","rel":"","context":"In "art"","block_context":{"text":"art","link":"https:\/\/nathanielstern.com\/blog\/category\/art\/"},"img":{"alt_text":"jeremy wafer @ sasol wax (highlighted by gerhard marx)","src":"https:\/\/i0.wp.com\/static.flickr.com\/88\/241278660_8e4dfed23a_m.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":1328,"url":"https:\/\/nathanielstern.com\/blog\/2006\/09\/19\/the-collision-project\/","url_meta":{"origin":1682,"position":4},"title":"The Collision Project","author":"nathaniel","date":"19 September 2006","format":false,"excerpt":"The Collision Project is the result of a collaborative exchange between artist \/ director Gerhard Marx and composer Clare Loveday, lecturers at the Wits School of Arts. It combines the visual and theatrical skills of Marx with the compositional exploration of Loveday to create a haunting work that is both\u2026","rel":"","context":"In "art"","block_context":{"text":"art","link":"https:\/\/nathanielstern.com\/blog\/category\/art\/"},"img":{"alt_text":"the collision project - marx and loveday","src":"https:\/\/i0.wp.com\/nathanielstern.com\/blog\/wp-content\/uploads\/2006\/09\/clip_image002.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":1612,"url":"https:\/\/nathanielstern.com\/blog\/2008\/04\/07\/new-media-art-image-of-the-week\/","url_meta":{"origin":1682,"position":5},"title":"new media art: image of the week","author":"nathaniel","date":"07 April 2008","format":false,"excerpt":"Haydn Shaughnessy, founder of Gallery ICA and Ten Cubed gallery (the former in Kinsale, Ireland and latter in Second Life), has shifted his blog from a more tech - convergence - journalism focus to new media art musings. The most exciting feature is his \"image of the week,\" where he\u2026","rel":"","context":"In "art"","block_context":{"text":"art","link":"https:\/\/nathanielstern.com\/blog\/category\/art\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/nathanielstern.com\/blog\/wp-json\/wp\/v2\/posts\/1682","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nathanielstern.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nathanielstern.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nathanielstern.com\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/nathanielstern.com\/blog\/wp-json\/wp\/v2\/comments?post=1682"}],"version-history":[{"count":0,"href":"https:\/\/nathanielstern.com\/blog\/wp-json\/wp\/v2\/posts\/1682\/revisions"}],"wp:attachment":[{"href":"https:\/\/nathanielstern.com\/blog\/wp-json\/wp\/v2\/media?parent=1682"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nathanielstern.com\/blog\/wp-json\/wp\/v2\/categories?post=1682"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nathanielstern.com\/blog\/wp-json\/wp\/v2\/tags?post=1682"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}