Wednesday, August 12, 2015

Russian billionaire must pay U.S. sculptor $640,000 for copyright infringement, court rules

Russian billionaire property developer Igor Olenicoff (left) has been instructed to pay American sculptor John Raimondi $640,000 in damages after being found guilty of having ordered and displayed unauthorised copies of Raimondi’s work.

The latest outcome of the Olenicoff saga was reported in The Observer here. It follows an earlier judgement awarded against Olenicoff for having infringed the copyright of another U.S. sculptor, Don Wakefield, whose work was also copied by Chinese artists working on the cheap at Olenicoff’s behest.

Wakefield was awarded $450,000 (see my report on that judgement here). 

Robots 
This story first came to light back in 2011 when Wakefield contacted me to tell me how he had discovered copies of his work in the grounds of various buildings in Newport Beach, California owned by Olen Properties Corp, Olenicoff’s company. 

I reported on Wakefield’s complaint in an article in The Art Newspaper in 2011, but some of  The Art Newspaper’s content is now filtered by a ‘robot.txt’ file, which means the coverage is currently inaccessible. 

In October 2014, The Art Newspaper was sold to Inna Bazhenova (right), a Russian businesswoman who has vowed to honour the paper's long tradition of rigorous and ethical journalistic impartiality.

The story of Olenicoff’s abuse of the moral rights of the artist is now in the public domain and the billionaire tax felon and cheat will be forced to recompense the artists. That’s a small victory of sorts.

The Art Newspaper mentions the Olenicoff case in a story here about Anish Kapoor's Cloud Gate, a copy of which has been installed in the town of Karamay in north-east China. A representative for the Karamay local authority is quoted as saying in their defence, "You can't say we're not allowed to build a round sculpture because there already is one." 

As part of my original investigation into the Olenicoff case I discovered a number of Beijing stone-carving companies who were prepared to copy sculptures based on images provided  by me without asking whether I had good title to the original works in question. Nor did they inquire as to who created the works. 

Moreover, where a unique, original work by Wakefield would have cost around $35,000 to make at that time (or closer to $100,000 today) and which would have retailed at $150,000, the Chinese stone-carvers were willing to produce them for between $900-$1,500 apiece. Whether this enabled Olenicoff to save on his Percent for Art obligations has never been fully clarified.

The full narrative of the original Olenicoff copyright case is available in various posts on the Artknows blog on the links below:





Both Wakefield and Raimondi were represented by attorneys Gene Brockland of Herzog Crebs, St. Louis, Missouri and Mike Kuznetsky of Kuznetsky Law Group, Los Angeles.

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