Cease'd + Desist'd

Two Wrongs Don't Make It Right

TLDR: I made a medium mistake, received an extra-large response from a dead artist’s “people,” and now want nothing to do with that artist, his “people,” or his work again.

In my world, these “people” belong in the “right but still wrong” file.
Great job protecting that legacy, “people.”

Art has always been a sanctuary for me, a place where I could lose myself in the creative expressions of myself and others.

One of my favorite artists used to be [Artist's Name], whose photographic work I deeply admired and held in high regard.

However, a recent, unfortunate encounter with their “people” has changed my experience and perception of both the art and the artist.

FROM TRIBUTE TO TROUBLE

It all began with an innocent homage. As a devoted fan, I created a video montage celebrating [Artist's Name]'s work, sharing my thoughts and insights on their unique style and profound impact.

The video was well-received on YouTube. Many commented, sharing my admiration.

While researching a follow-up video (which was posted…and since removed from Substack) over the weekend, I found several of his works were in the Public Domain.

So I excitedly added a handful to the Shop, forgetting copyright isn’t the only intellectual property at play when it comes to selling merchandise. Doh.

I’ll spare you the deep-dive on IP law (and how ridiculously complex and complicated it can quickly become…like everything in our legal system). Let’s just say my initial excitement was short-lived when I received a cease-and-desist letter from the artist's “people” first thing Monday morning.

The letter was stern and devoid of any appreciation for my admiration. It demanded the immediate removal of the products…and eventually the videos too.

Citing copyright and trademark infringement, their tone was definitive and dismissive, leaving no room for discussion or understanding.

A SHIFT IN PERSPECTIVE

Initially, I was shocked and disheartened. First at myself. And then at them.

The more I thought about it, the more my perspective shifted. Art I once admiration had been poisoned by overprotective custodians. Iconic images and personal history became overshadowed by cold, condescending exchanges.

Here I was, a fan who had dedicated time and effort to appreciate and promote the artist's work, only to be met with legal threats.

The products were my mistake. And while I still believe the videos fall under Fair Use, the emails left a bad taste in my mouth so I chose not to fight about it anymore.

THE ARTIST BEHIND THE ART

This experience also made me reflect on the relationship between an artist and their audience. Regardless of when it was created, art is never created in a vacuum; it thrives on the connection between the creator and the observer. Even if that connection is parasocial and/or time-travelling.

I began to wonder if this harsh approach was a reflection of the artist's true nature. Was the art I loved created by someone who viewed their audience as mere consumers, rather than as individuals with genuine appreciation and admiration?

When an artist (or their “people”) choose to sever that connection through aggressive legal actions, it diminishes the very essence of their work. In my opinion.

RECLAIMING MY NARRATIVE

Despite the disillusionment, this experience has reminded me of the importance of personal narratives and the right to express one's perspectives.

While I chose to comply with the legal demands and removed both the products and the videos, I decided to reclaim my voice by sharing this story.

Art is meant to evoke emotions, provoke thoughts, and inspire.

It should build bridges, not walls.

While my perception of [Artist's Name] and their work has been irrevocably altered, this experience has strengthened my resolve to focus on bringing attention to art and artists who value and respect their audience.

Or have been dead so long no one remembers. That goes for their “people” too.

MOVING FORWARD

Receiving that cease and desist was a painful experience, one that fundamentally changed how I view the art and the artist.

It also was a lesson learned for me, personally and professionally.

The lesson can be summed up with this revised adage:

Never meet your heroes; they'll only disappoint you.
And their “people” will only piss you off.

This experience has served as a stark reminder of the power dynamics at play in the creative world and the importance of mutual respect between artists, their “people,” their fans, and fellow creatives.

As I move forward, I will continue to celebrate art that inspires me, but with a renewed awareness of the broader context in which it exists.

I will seek out and support artists, living and dead, who not only create/created beautiful work but also foster a positive and respectful relationship with their audience.

In the end, art is not just about the creation.
It is about the shared experience and connection it fosters.

Thanks for reading!
Clint

P.S. This classic (by The Chicks) sums up my feelings on the unfortunate situation.

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ON YOUTUBE = NEW + FEATURED

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