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MTA Not A Fan Of MetroCard Artists
By
Jen Carlson
Published Apr 8, 2011
Modified Apr 8, 2011
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By
Jen Carlson
Published Apr 8, 2011
Modified Apr 8, 2011
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One of VH McKenzie's works
[UPDATED BELOW] East Village artist VH McKenzie has been adorning discarded MetroCards and selling them at her Etsy shop, but the MTA is not a fan of her work. According to EV Grieve, they sent her a letter (which you can read in full below), essentially asking her to cease sales of the paintings because they were created on top of the MTA’s intellectual property, which is protected by copyright and trademark law. They offered to discuss licensing deal with her, however, which would presumably make them some extra cash. So what does she have to say about all of this? On her Tumblr she declared:
My big bad oil paintings, on the surface of discarded MetroCards subway cards, are apparently a huge threat to the sanctity of the MTA’s intellectual property. Unless, of course, I want to throw down some big cash and pay for the privilege of referencing the MTA in any way. That ain’t gonna happen.
And I wonder if the MTA is aware of this event. Check it out—a full gallery exhibit of art work on MetroCards, solicited from artists from around the world.
So this begs the question—Why single me out? A full-scale gallery show is permitted, at top-notch prices of $100 per card, but my handful of offerings on Etsy, and at a lower price, are not?
We contacted the MTA for their comment on this matter, and will update when we hear back. Wonder if they know about this bench...
UPDATE: The MTA's Aaron Donovan tells us, "We're sorry the artist felt the letter was heavy handed. Whenever we find someone profiting from our trademarks, instead of simply asking them to cease and desist, we try to politely offer an opportunity to enter into a revenue-sharing arrangement. Typically, an artist or other trademark user would be able to keep 90% of the net revenue and would be able to promote the product as officially licensed by the MTA. And the public would be entitled to 10% of the net revenue from the use of the trademark. We approach large firms and individual artists in the same way, and some choose to participate and some don't. It isn't the size of the trademark usage that matters, but the principle. Every dollar the MTA earns from licensing revenue is a dollar that isn't earned from fares."
And regarding the MetroCard art show linked to above, it has been pointed out to us that displaying art isn't something the MTA has an issue with—they only reach out when someone is selling items that use their trademark.
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Jen Carlson
Jen Carlson is a former WNYC and Gothamist editor.
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