Google Violates Miro's Copyright?
Anonymous Coward writes "In a homage to Joan Miro on his birthday, Google changed its logo as to spell out the word "Google" in Miro's style. Google has a history of changing its logo in order to commemorate events and holidays of particular significance. In this case, the homage was not well received by the Miro family or the Artists Rights Society which represents them, as reported by the Mercury News. According to Theodore Feder, president of the ARS, "There are underlying copyrights to the works of Miro, and they are putting it up without having the rights". The ARS demanded that Google removed the logo, and Google complied, though not without adding that it did not believe it was in violation of copyright. The ARS has raised similar complaints regarding Google's tribute to Salvador Dali in 2002. "It's a distortion of the original works and in that respect it violates the moral rights of the artist," Feder said." It seems to me that the art world has a glorious history of incorporating prior art into modern creations. It's amusing to me that ARS doesn't understand that.
Since I had never heard of the artist until Google used an interpretation of her art as its logo, this seems like it would be a good thing for artists. I have never understood the knee jerk reaction to anything that could possibly be explotive. Its just free publicity in this case, and you would think the family would see that.
http://bgcommonsense.blogspot.com
One glaring question is whether Google actually used Miro's images in its logo. Since Miro didn't ever paint a Google logo, the only issue is one of style. Style is trademarkable, not copyrightable; but copying other artists' styles is such a common practice in art that it's more noteworthy to see an original style than to see a copied (albeit altered) style.
Now, if the logo uses portions of Miro's work, then the portions used are likely too insignificant to count as an actual copyright infringement.
Also, Miro died in 1983. I'm not sure of the specific works involved, though his _Carbide Lamp_ looks vaguely similar, and _Catalan Landscape_ (though with a different color scheme). However, the eye is not drawn or colored as Miro would have done, and the lines all seem straighter and more angular than Miro usually used.
While I'm no art critic, the fact that I cannot tell that the style is supposed to be similar without someone pointing it first is rather indicative.
Next, someone's going to claim copyright on Platonic forms and charge people for using them in lectures or sculptures. Hold on while I copyright individual pixels.