Saturday, December 17, 2016

Dispute with Foundation Over My Art


Jazz Fest ,Blue Note, 2018 Poster

Jazz Fest ,Blue Note, 2018 Poster

by figstreetstudio

The New Orleans Jazz and Heritage Foundation sent a "cease and desist notice" to both my Cafe Press and Zazzle print on demand places. The result was over kill. Hundreds of my art pieces were removed as the printers apparently misunderstood the claim. Removed were anything I had tagged with #jazz, #neworleans, #fest, Apparently The Foundation claims to have trade marked several common phrases and the printers just zapped anything close. I contacted the Foundation who are not sympathetic to local artists. The printers said once zapped all I can do is reup the designs. Hundreds? Sure 19 years of art to redo? No way I would have time.


Support Local Artists, Buy Before We Die Poster

Support Local Artists, Buy Before We Die Poster

by figstreetstudio

The Foundation claims to have a trade mark on several phrases we all have used for years. I bet they would lose in court but who has the time and money to stop them? It is just like "Who Dat" that was lost in court but then we had people file suit. Now I will wait to see the fall out.



So after much talk back and forth and the continued removal of my art. The Foundation claims "New Orleans" and "Jazz Fest" on my art are too close to their trade mark. Thus infringes on their rights. Not to mention how after years of me doing art they have infringed on my art. Basically they make big bucks off of art they sell and the little local guy is out of luck. So far they do not claim "Jazz" or "Music" but had removed "NOLA" too. Thus I have alter some art to remove "New Orleans" my home town, and "Jazz Fest" as they still harass me over it. I cannot find a lawyer to sue them to stop them from having my art removed. Think about this, I can use New Orleans thats OK by them, or Jazz. Isn't that nice of them? But not a combination of them.



So until I find a lawyer willing to help I have to OBEY the Foundation, as the printers do not want to be sued. So please help out, buy my art. I have stuff without Jazz Fest and New Orleans on it. Lots of art I sell on the internet. Support the local guys, not the big corporations who now seem to run the country.



What I have had to do is convert my designs to other "words", like "Mardi Gras", "NOLA", I guess no one has "trademarked" those words yet.


NOLA Skeleton with Horn T-Shirt
NOLA Skeleton with Horn T-Shirt
by figstreetstudio


New Orleans Chat Noir Mardi Gras 2017 Poster

New Orleans Chat Noir Mardi Gras 2017 Poster

by figstreetstudio


 This "Jazz Dancing" poster I removed just the word "Fest". And it still sells. I also remove the #tag, #jazzfest so it will not be zapped off the web.

Dancing  to Jazz 2016 Orleans Poster
Dancing to Jazz 2016 Orleans Poster
by figstreetstudio

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FOOTNOTES:

"Artists are silenced by many means, from harassment to imprisonment," and civil lawsuits too.


"In a free and democratic society all artists should be unrestrained in the making of their art. They should be free to decide what they will create and how they will create it"