{"id":1678,"date":"2022-09-27T12:06:54","date_gmt":"2022-09-27T04:06:54","guid":{"rendered":"https:\/\/www.atelierauction.com\/globalupdates\/?p=1678"},"modified":"2022-09-27T12:06:54","modified_gmt":"2022-09-27T04:06:54","slug":"collage-artist-deborah-roberts-sues-fellow-artist-gallery-claiming-willful-copyright-infringement","status":"publish","type":"post","link":"https:\/\/www.atelierauction.com\/globalupdates\/artist\/collage-artist-deborah-roberts-sues-fellow-artist-gallery-claiming-willful-copyright-infringement\/","title":{"rendered":"Collage Artist Deborah Roberts Sues Fellow Artist, Gallery Claiming \u2018Willful Copyright Infringement\u2019"},"content":{"rendered":"

Deborah Roberts<\/a>, a well-known collage artist based in Austin, Texas, is suing artist\u00a0Lynthia Edwards<\/a>, who is based in Birmingham, Alabama, and her Brooklyn gallery,\u00a0Richard Beavers Gallery<\/a>, as well as the gallery\u2019s owner Richard Beavers, for copyright infringement. Roberts has alleged that Edwards deliberately copied Roberts\u2019s artistic style to create work that would confuse potential buyers.<\/p>\n

In the complaint, Roberts alleges that Edwards and her gallery engaged in \u201cwillful copyright infringement\u201d related to the \u201cunauthorized preparation, reproduction, public display, advertising, and public distribution of collages that are copied from and substantially and confusingly similar to several series of original Deborah Roberts collages.\u201d<\/p>\n

Roberts filed the complaint in August in United States District Court for the Eastern District of New York, based on where Richard Beavers Gallery does business.\u00a0Luke Nikas<\/a>, the attorney for the defendants, filed a letter with Judge LaShann DeArcy Hall on September 22, notifying the court of its intention to file a motion to dismiss the suit, which Nikas described as \u201csuffer[ing] from numerous legal deficiencies\u201d in the letter.<\/p>\n

In addition to seeking injunctive relief and damages in excess of $1 million, Roberts is also seeking that all works by Edwards (referred to in the suit at the \u201cInfringing Collages\u201d) be impounded and subsequently destroyed by the courts.<\/p>\n

In a statement, Roberts\u2019 attorney, Robert W. Clarida, said, \u201cDeborah Roberts is undertaking a legal case regarding copyright infringement and related claims against Lynthia Edwards, Richard Beavers and Richard Beavers Gallery. This is now a matter for the US judicial system to determine.\u201d<\/p>\n

Nikas, Edwards\u2019 attorney, described the case as an attempt to prevent \u201cLynthia Edwards from thriving in the same artistic space and same artistic tradition as Roberts.\u201d<\/p>\n

\u201c[Edwards] has created all of the artwork that\u2019s at issue in this case based on her own original aesthetic decisions,\u201d Nikas told\u00a0ARTnews\u00a0<\/em>Thursday. \u201cRoberts has not accused her of copying any of her specific works. The essence of the case is that Roberts is complaining that Edwards is working in the same artistic tradition. That is not a viable legal theory. It is a successful artist trying to cram down an up-and-coming artist whom she perceives as a threat to her marketplace.\u201d<\/p>\n

He added, \u201cThat is an abuse of the litigation process. It\u2019s really unconscionable.\u201d<\/p>\n

Nikas said that he plans to file a separate\u00a0lawsuit<\/a>\u00a0on behalf of his clients against Roberts and her galleries \u201cto hold them accountable for what they\u2019ve done,\u201d regarding \u201cfalse statements<\/a>\u201d made about Edwards and her work. \u201cThere\u2019s been a consistent and despicable effort on Roberts\u2019s part to prevent Lynthia from becoming successful in this space, and it\u2019s interfered with Edwards\u2019s relationships with other galleries and collectors,\u201d he said.<\/p>\n

Roberts\u2019 galleries, Stephen Friedman Gallery in London and Vielmetter in Los Angeles, did not respond to\u00a0ARTnews<\/em>\u2019s request for comment.<\/p>\n

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A side-by-side comparison of works by Lynthia Edwards, left, and Deborah Roberts, right, that was included as an exhibit in Roberts\u2019s complaint filed in August 2022.<\/span>VIA COURT DOCUMENTS<\/cite><\/figcaption><\/figure>\n<\/div>\n

Background<\/strong><\/p>\n

Roberts\u2019s art has become well-known over the past several years for its use of collaged images, in which eyes, noses, and other body parts from found images are arranged into scenes that show Black children, often against a stark white background. To those photographic elements, Roberts will often add in textiles and fabrics as well as painting certain sections of the canvas by hand.<\/p>\n

Her art has been exhibited widely, with it being included in major group shows like the\u00a0widely acclaimed 2021 exhibition<\/a>\u00a0\u201cThe Dirty South: Contemporary Art, Material Culture, and the Sonic Impulse\u201d at the Virginia Museum of Fine Arts in Richmond and 2017\u2019s \u201cFictions\u201d at the Studio Museum in Harlem. This year, her work was the subject of a two-venue solo show in Los Angeles at Art + Practice and the California African American Museum, and is to be explored in a two-person show, alongside Benny Andrews, at the McNay Art Museum in San Antonio. Also this year,\u00a0New York\u00a0<\/em>magazine commissioned Roberts to create a collaged portrait of Travyon Martin for a cover story on the 10th anniversary of the Black Lives Matter movement.<\/p>\n

According to the complaint, Beavers contacted Roberts in April 2020 to inquire as to whether Roberts would sell her work through his gallery, allegedly writing \u201cso many of my clients have you on their wishlist of artists whose work they would like to acquire for their collections.\u201d Roberts says in the complaint she declined the offer.<\/p>\n

The complaint continues, \u201cUpon information and belief, Defendants found that the more the Edwards collages resembled the Roberts Collages, the more successful the Edwards collages became with purchasers,\u201d adding that the defendants \u201chave aggressively marketed such collages, including by promoting them at one or more high-profile national art fairs at which Ms. Roberts has also promoted and sold\u201d her collages, including Expo Chicago and Unlimited Art Miami Beach.<\/p>\n

In Nikas\u2019 letter to the court, he cites a 2015 District Court case,\u00a0McDonald v. West<\/em>, writing that \u201cRoberts\u2019s copyright claim \u2026 must fail because \u2018copyright does not protect styles,\u2019 concepts, ideas, or artistic traditions.\u201d Nikas further told\u00a0ARTnews<\/em>\u00a0that copyright laws are intended to \u201cencourage people to create work and give them the ownership rights of what they create but not to create such a stringent ownership regime that stifles innovation.\u201d<\/p>\n

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A side-by-side comparison of works by Lynthia Edwards, left, and Deborah Roberts, right, that was included as an exhibit in Roberts\u2019s complaint filed in August 2022.<\/span>VIA COURT DOCUMENTS<\/cite><\/figcaption><\/figure>\n<\/div>\n

Confusion<\/strong><\/p>\n

Included in Roberts\u2019 complaint are three examples of people who had messaged Roberts who had mistaken Edwards\u2019 work to be by Roberts, as well as an exhibit showing several side-by-side comparisons of work by both artists.<\/p>\n

\u201cWhat the side-by-side comparisons prove,\u201d Nikas said, \u201cis that Edwards did not copy Roberts\u2019s works. Those side-by-side comparisons prove only that they are working in the same artistic tradition.\u201d<\/p>\n

The complaint also cites an article by Angela N Carroll, titled \u201cEthics and Controversy: Reviewing Appropriation in Black Art\u201d and\u00a0published<\/a>\u00a0by\u00a0Sugarcane Magazine<\/em>\u00a0earlier this year in which Erica Moiah James, a professor of African, Black, and Caribbean art at the University of Miami, is quoted as saying, \u201cThe Deborah Roberts shadow play was perhaps the most disturbing and disturbingly obvious. There was absolutely no effort to transform. The boldness of the maker and the gallery [Edwards and Richard Beavers Gallery, respectively] to share that work in that space was stunning.\u201d<\/p>\n

In a statement published in the\u00a0Sugarcane<\/em>\u00a0article, Roberts said, \u201cIn no way shape or form would I ever prevent any artist, especially artists of color, from making a living, because this is a very tough profession. My track record with helping young artists develop their skills and their own voice is easily researchable. What I object to is someone creating work knowing that it is being mistaken as mine and using that for profit. This is not about competition; it\u2019s about having integrity.\u201d<\/p>\n

In the letter to the court, Nikas noted that both Roberts and Edwards draw from a long tradition of collage, which has a historical importance for Black artists, drawing a historical lineage from Picasso\u2019s use of collage in creating Synthetic Cubism to artists like Romare Bearden, Jacob Lawrence, and Benny Andrews.<\/p>\n

\u201cIt is extremely rare for an artist to sue another artist, claiming infringement because they\u2019re working in the same general artistic style, and that\u2019s because every artist making art in a particular field is building on the work that came before,\u201d Nikas said in an interview. \u201cThe way the law works is if you are copying someone else\u2019s work, you\u2019ve taken their work, you\u2019ve copied it, you\u2019ve put it in your own, and you have done nothing else to materially alter, transform it, then you start looking at copyright infringement.\u201d<\/p>\n

To further make his point on behalf of his clients, Nikas offered a hypothetical art historical comparison as an example. \u201cIt\u2019s like saying that Robert Motherwell\u2019s \u2018Spanish Elegy\u2019 series infringes upon Franz Kline\u2019s Abstract Expressionist works because they both use black linear patterns against a stark contrast background in the style of Abstract Expressionism. That is not the law\u2014it has never been the law.\u201d<\/p>\n

Nikas added, \u201cDeborah Roberts does not own the photo collage tradition that she\u2019s working in. She didn\u2019t invent it. She has absolutely no legal rights to it. She doesn\u2019t own a monopoly on photo collage. It was developed by a group of artists over the last century, that she was not a part of. To sue someone for working in the same artistic tradition that you are, when you have absolutely no ownership rights of that tradition, is a frivolous claim.\u201d<\/p>\n

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Source: https:\/\/www.artnews.com\/<\/p>\n","protected":false},"excerpt":{"rendered":"

Deborah Roberts, a well-known collage artist based in Austin, Texas, is suing artist\u00a0Lynthia Edwards, who is based in Birmingham, Alabama, and her Brooklyn gallery,\u00a0Richard Beavers Gallery, as well as the gallery\u2019s owner Richard Beavers, for copyright infringement. Roberts has alleged that Edwards deliberately copied Roberts\u2019s artistic style to create work that would confuse potential buyers. […]<\/p>\n","protected":false},"author":2,"featured_media":1679,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"tdm_status":"","tdm_grid_status":"","footnotes":""},"categories":[5,13,7,4,3],"tags":[],"class_list":{"0":"post-1678","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-artist","8":"category-auction","9":"category-events","10":"category-gallery","11":"category-latest-news"},"yoast_head":"\nCollage Artist Deborah Roberts Sues Fellow Artist, Gallery Claiming \u2018Willful Copyright Infringement\u2019 - Investable Art Auctioneer<\/title>\n<meta name=\"description\" content=\"Deborah Roberts, a well-known collage artist based in Austin, Texas, is suing artist\u00a0Lynthia Edwards, who is based in Birmingham, Alabama, and her Brooklyn gallery,\u00a0Richard Beavers Gallery, as well as the gallery\u2019s owner Richard Beavers, for copyright infringement.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.atelierauction.com\/globalupdates\/artist\/collage-artist-deborah-roberts-sues-fellow-artist-gallery-claiming-willful-copyright-infringement\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Collage Artist Deborah Roberts Sues Fellow Artist, Gallery Claiming \u2018Willful Copyright Infringement\u2019 - 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