Story Published:
Jan 5, 2006 at 12:56 PM PDT
Story Updated:
Aug 31, 2006 at 2:10 AM PDT
SEATTLE - Few court hearings require so much bubblewrap.
Lawyers for famed glass artist Dale Chihuly brought two dozen
undulating, colorful and extremely fragile pieces into U.S.
District Court on Thursday as they persuaded a judge not to dismiss
a copyright-infringement lawsuit brought against two glass-artists
accused of selling knockoffs.
"You can't imagine how nervous I am about handling these
things," Chihuly lawyer O. Yale Lewis said about the pieces, which
were spread across his table, the courtroom floor and a bench.
"I'm not touching them."
Chihuly Inc. and Portland Press Inc., which is Chihuly's
publishing company, filed a lawsuit last October against former
Chihuly glass-blower Bryan Rubino, glass artist and broker Robert
Kaindl, and four galleries that sold Rubino's work, which Lewis
described as Chihuly copies.
The complaint, which seeks $1 million in damages, raises
questions about when a piece of art is merely influenced by another
piece, and when it's an illegal copy of that work.
Chihuly, recognizable by his eyepatch, is an immensely popular
artist in the Northwest, though a near-fatal car accident and a
shoulder separation in the late 1970s left him unable to blow his
own glass. Instead, he designs pieces and has them rendered by a
team of glass-blowers.
Chihuly, who is based in Seattle, is widely credited with having
legitimized glass-blowing as a fine art over the last four decades.
He created the ceiling of the lobby of the Bellagio Hotel in Las
Vegas, and his pieces appear in the permanent collections of the
Metropolitan Museum of Art in New York, the Museum of Fine Arts in
Boston, the Museum of Contemporary Art in Chicago, and about 225
other museums around the world, according to his Web site.
His work has been so influential that it's not uncommon to see
pieces similar to his style in shops and galleries throughout the
Northwest, but his lawyers say this is the first
copyright-infringement lawsuit he's filed.
Lawyer Bradford J. Axel, who represents Kaindl and Rubino, asked
Judge James Donohue to toss the lawsuit because Chihuly's lawsuit
didn't do the basic task of indentifying specific pieces that
infringed on Chihuly's work, only some of which is actually
copyrighted. Kaindl, of Redmond, and Rubino, of Shelton, deny
deliberately copying Chihuly.
"We sent (Chihuly's lawyers) a letter immediately after the
complaint was filed, saying, 'What's infringing what here?"' Axel
told the judge. "No response."
The judge said he was senstive to those concerns, but that he
would allow the lawsuit to proceed, with trial expected late this
year. He ordered the two sides to work together to specify which
pieces are at issue, so the court can compare them side-by-side.
Axel and his co-counsel, Kathleen Petrich, contend that Chihuly
is trying to claim copyrights over the techniques of making glass
art and over a style of glass art - which cannot be legally claimed
any more than someone could copyright the Impressionist style of
painting.
Chihuly's lawyers argue that Kaindl recruited Rubino to make
copies of Chihuly pieces, which were then offered to local
galleries. The pieces bore Kaindl's name or the fictional name
Lestat, not Chihuly's.
Kaindl continues to operate Web sites where he sells glass art,
though the galleries named in the lawsuit - Lakeshore Gallery in
Kirkland, Kenneth Behm Galleries in Bellevue, and Trammell-Gagne
and Unik! in Seattle - have stopped selling the disputed works.
Lewis said the Chihuly pieces were brought into court to
demonstrate some of the copied work. Following the hearing, workers
from Chihuly Inc. carefully wrapped the pieces in bubblewrap,
placed them in large cardboard boxes and took them away.