Seattle artist sues man for photographing public art work

Will Jack Mackie sue me for posting this photo of him and his damn dance steps? (Photo by Dan DeLong/Seattle Press-Intelligencer)


Thirty years ago, artist Jack Mackie was able to schmooze the city of Seattle into paying him to sculpt a series of dance steps on a public sidewalk .

Now he is suing anybody who photographs the dance steps on the grounds of copyright infringement.

With that logic, he should probably get sued himself for reproducing the steps that he did not create in the first place.

While his lawsuit seems frivolous and without merit, it is being taken serious by defendant Mark Hipple, the man who photographed the dance steps ten years ago and made a whopping $60 off his shots.

Mackie was able to convince Hipple’s stock photo agency to remove the photos and even received a “hefty settlement” from them, but was not satisfied with that result.

So now he asking for statutory damages of about $60,000, according to Hipple’s blog.

Despite my (and my lawyers’) belief that my photograph is clearly fair use, I’ve tried to settle this case many times without having to resort to expensive and time-consuming litigation. Unfortunately, Mr. Mackie has left the settlement table and refuses to return. He already got a hefty settlement from my stock photo agency (they had an insurance policy, and unfortunately I don’t), but he seems intent on squeezing me.

In 1998, Mackie sued the Seattle Symphony for using images of the dance steps in a marketing campaign. A judge awarded him $1,000.

He wanted more, so he appealed and lost.

The Capital Hill Seattle blog suggests covering the dance steps up to prevent further legal dilemma.

I would suggest they take it one step further and remove the steps altogether before shoving them up Mackie’s ass.

Comments

Anonymous
Anonymous

might I suggest anyone in the Seattle area take a pic and publish it?

Anonymous
Anonymous

I’m with Carlos, the city should remove them and return them to Jack Mackie. I get the feeling that Mr. Mackie’s doesn’t sell much art so he’s got to get all he can out of what he’s sold. Perhaps if he spent his time being creative he’d be happier.

Anonymous
Anonymous

Mackie should be happy that he is getting this much exposure, he more than likely hasn’t worked in years. He looks like a total gomer. Perhaps he is the type who chats up a visiting female tourist and says, “See those dance steps baby, I made those, I’m an artist, think you’re good enough to sleep with me?”

Seems he has his head shoved so far up his own ass he can watch himself swallow. I am going to fly to Seattle, via Vancouver, and take lots of photos of the dance steps which I will publish all over message boards and forum posts throughout the web. Oh to be a tortured artist living off the tax payers dime.

Anonymous
Anonymous

I have real trouble believing this is original. Time to scour old dance textbooks to find out who he stole it from.

Anonymous
Anonymous

Didn’t we go through this exact same thing with the Cloud Gate in Chicago? Yes, I believe we did. Heaven forbid you take a picture of a gigantic shiny bean, nonetheless some footprints in the concrete.

Next time I write my name in wet cement, I’ll be sure to draw a c in a circle next to it. That’ll teach’em.
Jake Stichler´s last blog ..Videos Are Hard

Anonymous
Anonymous

If you’re referring to the 2005 “controversy” regarding Cloud Gate…it was far, far less than reported.

Click my website for some background on that story. It was more about a blogger not doing some simple due diligence. The issue wasn’t photographer’s rights, it was about licensing.

“the policy allows students, journalists, and amatuer photographers to shoot in the park with no restrictions”
Domoni´s last blog ..The Malleable Internet

Anonymous
Anonymous

I’ve danced in those steps before. But never again! But I will shoot the hell out of them next time I see them.

Anonymous
Anonymous

The “artwork” should be removed so that innocent tourists and photographers do not fall into this litigation trap any more.

Anonymous
Anonymous

As an artist, I wouldn’t want someone else to profit from my works of art, no matter how small the amount. Then again I wouldn’t display it permanently in public.

Anonymous
Anonymous

It sounds like the only thing this guy wants is money. He doesn’t care about the art he just wants as much money as fast as he can any legal way he can.

Anonymous
Anonymous

Isn’t it the monetary benefit and not the photos themselves that create the problem here?

Anonymous
Anonymous

IMO it wasn’t right for the photographer to sell the images on the microstock site, but it’s not worth $60k in damages. The artist is really taking advantage of the situation … I know he’s done this to other photogs and companies in the past and he will probably do it again. I have no respect for people who rely on copyright infringement lawsuits as a source or income.

I agree with the others that the city should remove the art and give it back to the artist.
Nicole Young´s last blog ..Rock Star

Anonymous
Anonymous

We should get the ACLU to look into this and take appropriate action.

Anonymous
Anonymous

Nicole- sorry but if its in public, anybody can take pictures of it and sell them. If he doesn’t like that, he should’ve never made them on a public area.

Anonymous
Anonymous

A jackhammer will in five minutes make the whole thing moot. If I were Mr. Hipple and he got a huge judgement against me, I’d be on my way to the tool rental store.

Anonymous
Anonymous

Yeah, the stupid thing should be jack hammered right the Hell out of the sidewalk. The fine for destruction of public property is WAY less than $60K.!
Rob´s last blog ..Valentine’s 2010

Anonymous
Anonymous

This looks like work for hire to me. Put in to place by the public agency that paid for the product. The photographer could now sue the city of Seattle for not properly warning people that if you photograph the item you will be sued.

Anonymous
Anonymous

I look forward to taking pictures of these steps when I am in Seattle next month. Lets see what happens if I put them on flickr and not a Stock Photo site. I think there is a difference there.

Anonymous
Anonymous

May I suggest that posters please review copyright law before they go off half-cocked about this issue.

http://www.copyright.gov

Copyright law exists so creators of art, like Mr. Mackie, can be assured that others cannot use their creations to make money without the creator’s permission. It serves to ensure that creative work, at least for a while, benefits the creators.

Fair use is also provided for–some purposes actually enhance the creator’s interest (such as press reporting) or that of society (such as parody/satire) and may be freely done.

flickr: OK
stock photo sales: NOT

Finally, unless one knows the terms of the contract between the artist and the city, any speculation you are making is likely to be wrong.

Anonymous
Anonymous

I would like to see a photo of a City of Seattle employee, in full uniform with hardhat and sound supressors, using a JACK HAMMER to rip out Mr. Mackie’s dance steps. It would be a perfect photo-op for all of the city council members. heh.

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