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Art Law Keyed to Gerstenblith, 4th Ed.
Ringgold v. Black Entertainment Television, Inc.
Citation:
126 F.3d 70 (1997)Facts
Faith Ringgold created “Church Picnic Story Quilt,” a unique artistic work combining a silk screen painting depicting an African-American church picnic in 1909, handwritten text in idiomatic dialect, and quilted fabric borders. The High Museum of Art owned the physical work and held a nonexclusive license to reproduce and sell posters of the work for twenty dollars each. HBO produced an episode of the sitcom “ROC” featuring a scene of a children’s recital in a church hall, using a framed copy of the “Church Picnic” poster as wall decoration. The poster appeared in nine sequences ranging from approximately two to five seconds each, totaling about twenty-seven seconds of screen time. In the longest segment, nearly eighty percent of the poster was visible, though not in perfect focus, showing recognizable details of Ringgold’s distinctive artistic style depicting African-Americans in bold colors and two-dimensional form. The framed poster omitted identifying information that appeared on commercially sold versions. Ringgold discovered the unauthorized use when she watched the episode on BET in January 1995 and subsequently filed suit.
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