![]() Instead, Koons was the "producer" of the sculptures -that is, he thought of the ideas for the sculptures and made the decision as to the materials to be used, as well as the sculpture's form, shape, size, and color. Koons decided that the unifying theme of this upcoming exhibition would be "banality." The exhibition focused on popular attitudes toward objects and facts of everyday life which were commonplace and Koons referred to this exhibition as the "Banality Show." Koons did not physically make any of the sculptures for this Banality Show. According to Koons, he would accumulate images from popular culture by cutting out items that he read or by purchasing objects during the course of his travels and then, at some later point, would begin the process of "re-contextualizing" these images into sculptures. During this same period, Koons also collected the popular images and ideas which he could transform into works of sculpture. Koons ultimately decided to use three types of materials for his next set of works: mirrors, wood, and porcelain. During the remainder of 1986 and throughout 1987, Koons travelled throughout the world looking for exotic materials, such as porcelain, which could be used for his next exhibition at the Sonnabend Gallery and also choosing workshops that were skilled at crafting such materials. In October, 1986, after a successful presentation of certain stainless steel sculptures at the Sonnabend Gallery in New York City, Koons began working on his next set of sculptural works of art which would further develop the thoughts and themes expressed in the October exhibition. ![]() This movement is sometimes categorized as "Pop Art" with Andy Warhol's reproduction of multiple images of Campbell's soup cans being a widely recognized example of this artistic tradition. Koons is part of a contemporary artistic movement which takes images from popular culture and "re-contextualizes" them in a work of art in an effort to convey a certain message or idea to the viewer. It is the alleged unauthorized use of the "Odie" character in one of defendant's sculptures which forms the basis of the instant action.ĭefendant Koons is an accomplished visual artist whose primary activities are in the creation of sculptural works of art. Among the most prominent and well-known of the Garfield comic strip characters is the dog "Odie" which has been regularly featured in the comic strip, in both likeness and name, since the strip's inception. In addition to the comic strip, plaintiff also possesses approximately 400 licenses for products or uses of the various Garfield characters, including the television production of the Garfield animation programs.īy virtue of its ownership of the copyright interest covering the Garfield comic strip, UFS also owns the copyright in the various characters. The Garfield comic strip currently appears in over 2,000 newspapers in the United States and around the world. Davis and, since that time, has become one of the most famous comic strips in the United States. The Garfield comic strip was created in 1978 by James R. Plaintiff UFS owns all right, title and interest in the copyrights covering the Garfield comic strip, which focuses on the life of "Garfield the Cat" and his interaction with several other characters. For the reasons stated below, the motion is granted in its entirety. ("UFS") has moved for partial summary judgment, pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, as to defendant Koons' liability on the copyright infringement claims. ![]() This is an action for copyright infringement, dilution, and unfair competition based upon defendant Jeff Koons' ("Koons") production of four identical sculptures entitled "Wild Boy and Puppy" which allegedly contain unauthorized copies of the Garfield comic strip character "Odie." Plaintiff United Feature Syndicate, Inc. ![]() Farrell, of counsel), Cleveland, OH, for plaintiff. Hauser, of counsel), New York City, Baker & Hostetler (Louis A. UNITED FEATURE SYNDICATE, INC., Plaintiff, v.
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