A collage by Cartrain involving Damien Hirst's 'For the Love of God'
The story involving Damien Hirst and his copyright infringement allegations against a 16 year old street artist-- known as Cartrain-- has taken a twist. Several influential UK artists have joined forces in order to defend Cartrain. In doing so they have targeted the contradictory nature of Hirst’s decision to seek legal action against Cartrain. After all, Damien Hirst has allegedly infringed on copyright himself-- in one case he settled out of court due to copyright infringement allegations.
The battle charge against Damien Hirst has been spearheaded by Jamie Reid -- widely known for creating the Sex Pistol‘s ‘God Save the Queen‘ cover art, Jimmy Cauty -- a former member of KLF, and Billy Childish -- co-founder and former member of the Stuckists. Reid, Cauty, and Childish have produced a series of skull images which mock copyright regulations in the UK while exploring the contradictions of Damien Hirst concerning copyright in general. A website, Red Rag to a Bull, has been created so that the trio and other artists can sell parodies involving artwork by Hirst and other YBAs.

The works sold on Red Rag to a Bull include a version of Jamie Reid's famous Sex Pistols poster. In the poster the head of the Queen has been replaced with a diamond skull. According to reports, the artists have stated that the money raised from selling the parodies will be used to handle the legal expenses of Cartrain or other artists who are “bullied” by Damien Hirst or other YBAs. The trio have also stated that if enough money is raised they will create a replica of Hirst’s ’For the Love of God’ to serve as the ultimate parody of Hirst‘s work and status. Parodies of Damien Hirst and other YBAs can be purchased at,
www.redragtoabull.com.
For those who don’t know about the Damien Hirst / Cartrain situation-- The Design and Artists Copyright Society, of which Damien Hirst is a member, contacted Cartrain after receiving direct instructions from Hirst. The society informed the young artist that he had broken the law by infringing upon Hirst’s copyright. Hirst’s demands were clear-- he demanded the original works and the halt of sales with the threat of legal action. Hirst also demanded the profit that Cartrain had made from selling his collages and prints. Four works were confiscated by DACS from Cartrain’s gallery on November 12th. Reports state that Cartrain only earned about £200 from sales of the work. Cartrain has stated that DACS informed him that Damien Hirst had personally ordered the action.
The situation between Damien Hirst and Cartrain in the UK is very similar to the situation between Shepard Fairey and Baxter Orr in the United States. The saying, "Birds of a feather..." comes to mind. Cartrain, like Orr, decided to make a parody of a widely known work of art by a world renowned artist-- in this case Damien Hirst -- in order to make a social comment about Hirst’s art as well as his status in the art world. Damien Hirst, like Shepard Fairey in the case of Baxter Orr, had his legal team send a cease-and-desist letter to Cartain. Again, 'birds of a feather flock together'.
That said, unlike the situation with Baxter Orr and Shepard Fairey-- Cartrain’s parodies and profit were seized by Damien Hirst's legal team. Some reports state that Cartrain’s prints were destroyed in the process. Needless to say, if this had occurred in the United States I would think that Cartrain’s Hirst parody would have been considered “fair use” due to the widely known work he parodied and the social comment he established concerning the global status of Damien Hirst within the art market.
A comparison of a poster by Shepard Fairey (left) next to a poster by Baxter Orr (right). Orr put a SARs protective mask over the famous Obey Giant image and titled it ‘Protect’. Fair Use? You be the judge.The irony of recent events is that we have two widely known and successful artists-- Damien Hirst and Shepard Fairey --who have defended their use of images created by others-- but are quick to stamp out any work that parodies their world renowned images. One should note the contradictions and hypocrisy that is involved with these issues. Damien Hirst and Shepard Fairey have three things in common-- they have both settled out of court due to infringing on the copyright of others, they both have careers that are shadowed by copyright infringement allegations against them, and they have both threatened legal action against artists who have done something they would otherwise support had they been in their shoes, so to speak. Thus, it seems that the two are only interested in aspects of “fair use” and freedom of expression if they are the ones applying it. Fly, fly, fly.
Concerns over copyright and interpretations of “fair use” is a global issue. I find the views that people take on issues like this to be very interesting-- they are often loaded with contradictions. For example, people are quick to say “It is art!“ when a world renowned artist-- such as Damien Hirst or Shepard Fairey-- allegedly infringes on copyright. However, those same people are apt to say “it is a rip-off!” if a less known artist-- such as Cartrain or Baxter Orr-- utilizes the same avenue of creation. It begs the question-- Does this attitude concerning copyright, and who is right or wrong concerning parody or social comment, convey a new form of elitism as far as art appreciation is concerned?
Furthermore, does it seem that when it comes down to the line only works by successful artists are truly protected-- at least as far as public opinion is concerned? Is there a double standard in the art world concerning appropriation and freedom of expression? Are some birds allowed to fly while others are shot down before having the chance to spread their wings? What say you?
Links of Interest:For the Love of God: Damien Hirst Threatens Young Artist with Legal Action -- Myartspace Blog
www.myartspace.com/blog/2008/12/for-love-of-god-damien-hirst-threatens.htmlHow Damien Hirst Disappointed us --- Guardian
www.guardian.co.uk/artanddesign/jonathanjonesblog/2008/dec/15/damien-hirst-cartrainGod save the Damien Hirst rip-off industry! -- Independent UK
www.independent.co.uk/arts-entertainment/art/news/god-save-the-damien-hirst-ripoff-industry-1608219.htmlArtists flout copyright law to attack Damien Hirst -- Telegraph UK
www.telegraph.co.uk/culture/art/4609976/Artists-flout-copyright-law-to-attack-Damien-Hirst.htmlFair Use: Shepard Fairey and Baxter Orr
www.myartspace.com/blog/2009/02/fair-use-shepard-fairey-and-baxter-orr.htmlShepard Fairey sues the Associated Press over photograph of Obama
www.myartspace.com/blog/2009/02/shepard-fairey-sues-associated-press.htmlTake care, Stay true,Brian SherwinSenior Editorwww.myartspace.comNew York Art Exchangewww.nyaxe.comLondon Callingwww.myartspace.com/londoncallingLabels: appropriation art, art appreciation, Art Space Law, controversy, Damien Hirst, shepard fairey