The end of Auburn Art?

[aupantsdown 0]

Article that is going to break tomorrow morning..... surely Auburn isn't going after these "starving artists".... but, I wouldn't bet against it. Better get your Auburn prints etc...before it is too late.

Unlicensed prints framed by question marks

Joe McAdory / Staff Writer

March 24, 2005

Sports memories are treasured. Game-winning kicks, touchdown runs and bone-jarring hits.

“People want a memory,” said auburnart.com owner Frank Brown. “They want to see that memory and replay it in their minds.”

For anywhere from $25 for a small print to $325 for a large framed piece of art, fans can bring such memories onto their living room walls.

But the double lawsuit between the University of Alabama and popular artist Daniel Moore sparked controversy. Moore’s prints aren’t “officially licensed products” of the university and the school’s trustees claim his work infringes on trademark violations.

What does this mean for Auburn and the handful of prints that recreated Tiger football memories over the years? Many walls are decorated with the work of Greg Gamble, who recently designed four special prints commemorating the Tigers’ 13-0 season.

Since Gamble’s work isn’t licensed through the university, does this mean Auburn will replicate Alabama’s litigation?

“It is very important for universities to protect their intellectual property rights,” Susan O. Smith, trademark management and licensing director at Auburn University, said in a statement.

“Art renderings are like any other licensed product: intended for sale. Artists paint university related prints because they know those who care about the institution will buy them. It’s only right, therefore, for artists to follow the same protective licensing policies that manufacturers of every other licensable product follow. Such manufacturers return a small percentage of sales (eight percent) to the university which, at Auburn, supports student scholarships. Fortunately, we have many licensed artists who willingly support our program efforts.”

It was not completely clear whether the university would pursue legal action against those unlicensed artists for prints already sold. Further attempts to reach Smith by telephone late Wednesday afternoon were not successful.

Brown doesn’t necessarily feel the university will take artists to court in the near future.

“Auburn has a right to protect its trademark, whether or not they enforce that is another thing,” he said. “Eventually, they will. It doesn’t sound like they’re going to go after them. It wouldn’t be worth it for them. For them to put together a letter by their lawyers, it may cost more than the royalties made from these prints would be.”

Brown noted that sales for Auburn sports prints following the Tigers’ unbeaten season were “very high.”

“Now is the time when Auburn needs to make a statement,” he suggested. “If they’re going to decide on their licensing protocol, with everything coming into the market, now is the time. They need to say, ‘Here’s what we need to do.’ This is an opportunity to decide some type of protocol people could go through. What needs to happen is there needs to be a collective agreement - do something where everyone meets in the middle and everyone wins out.

“I’m all for everyone being licensed and being on the same playing field. Auburn deserves to get their money. Without Auburn, nobody would be buying them (prints).”

Brown said he would rather sell all licensed prints, but Gamble’s work remains the most popular.

“He has vibrant colors and he has more players in his paintings than the other ones,” Brown said. “People like to see a scene. An Auburn player alone doesn’t sell. But a play, a kick, a moment in the game sells.

“Greg said, ‘Frank, I’ve got to feed my family this is what I have to do.’ He has considered it. He’s not opposed to getting licensed, but the same thing was said to him that was said to Daniel Moore - ‘You owe us for the back prints.’ What I see happening is they (Alabama and Moore) drop the lawsuits and he may become licensed from now on.”

Though Gamble’s unlicensed work remains the most popular, a handful of other artists are licensed. Some of Alan Zuniga’s best work depicted Lawyer Tillman’s end-around to beat Alabama in 1986. Douglas Hess, also licensed, captured the Tigers’ 1997 victory over Alabama with a pair of prints, “Victory Kick,” and “The Fumble.”

But art isn’t relegated only to prints. Photographs must also be licensed for sale. Robert and Pam Smith, owners of Flip Flop Foto in Auburn, sell licensed photos.

The Villager, located on Dean Road in Auburn, serves as the main storefront for auburnart.com, but it’s just one of many locations football fans can pick up memorable prints.

Anders Bookstore and J&M Bookstore are two other downtown locations which provide numerous prints to the public.

“I’ll keep selling them until somebody tells me not to,” said Trey Johnston of J&M.

[GeauxTigers 0]

Why would it be the end? He'll just pay a licensing fee to Auburn and that will be that. Worst thing about it is the price of the art goes up a little.

[WarTim 3,457]

I do not think anyone could really blame AU or uat for wanting to get their piece of the pie. The problem is the way uat handled the whole thing. Typically tacky.

[AUesquire 1]

You are correct Sir Tim. It's simply a matter of handling it with tact. If these folks are going to profit by using licensed Trademarks, then just cross the t's and dot the i's and get authorization. It's not so much AU or UA wanting to make money off these paintings as it is not allowing the unauthorized use to go on. That can cause problems down the line if they ever have to enforce their right with something more serious than some paintings.

Both the artists and Universities are benefitting from them so just do it right up front and don't cause a hassle or public spectacle. This deal with Moore should never have made the news.

[WarTim 3,457]

Too bad for uat that there is this little thing called the Constitution that will protect Mr. Moore's rights and leave uat looking even more stupid, if that is possible.

[tiger88 934]

My .02 after seeing some of his latest works are that I would much rather have a high quality photo framed of some of these things.