PILLOW TALK: Artist Arrested For Selling Pillows | Deborah Goodwin

Mar. 7, 2012 (ShapeShiftas) -- A Friend I know, Diana, who makes beautiful hats, sent me an article with this startling headline: Artist Arrested For Selling Pillows.

It seems that artist Jemal McClary, who works as See One, made some pillowcovers in his signature painting style, and was selling them on the street in Soho, along with actual paintings-objects. He was arrested for not having a vendor's permit, even though he has been selling his artwork on the street for four years. Apparently, it's legal for artists to sell their creations on the street -- unless they are craft artists. You need a permit to sell crafts on the street.

So, See One's paintings, sewn into a pillow, made them Craft, not Art, at least in the eyes of the arresting officers. They added a disorderly conduct charge when he decided to argue aesthetics with them.

"Gridlock" - 2011 © See One

acrylic, spray paint and ink on canvas

"Fatigue Shards" pillow by See One

limited-edition print with plush and pillow form

To me, See One's pillows are fabulous, and his graphic prints are perfect for fabric. (They would make awesome jersey wrap dresses, too.)  But, are they Art? This can be a very touchy subject for us Craftspeople and Designers. Just because we are making functional objects, are we no longer Artists? Are we any less creative because our pieces can be reproduced? Can pillows, plates, and garments be Art?

The law is no help here, from what I can determine. Artwork is protected by copyright laws, and See One owns all copyrights to his images, paintings, and prints -- but the pillow itself cannot be copyrighted. Same with garments, at least in the United States, you can't copyright the dress (you can copyright the pattern, but a seam shift here and a dart change there, and it's not your pattern anymore), but you can copyright the print it is made in.

That's basically how Louis Vuitton can protect their handbags from knock-offs; not because of the shape or construction of the bag, but because of the logo-print. (They are also protected by trademark laws, and I am not a lawyer, so don't quote me here!) I know there have been some recent efforts to address these gaps in copyright, or Intellectual Property, laws, but I can't imagine they (Congress) have passed anything helpful. I heard they busted a knock-off-handbag ring or two in New York, but you will still get accosted on the street in Chinatown to secretly buy Buittons or Hemres.

If they didn't cost so much, no one would want to knock them off! What about the 99%????!

OK, I can see how a factory-made handbag or teapot might not qualify as Art, no matter how beautiful, but what about handmade pieces that are beautiful and functional? Is it Art if it is made by one person, start to finish, but not when it is designed by one and made by others? Maybe if it is mostly beautiful and only a little functional, like vases, or wedding gowns? What about the amazing work of Dale Chihuly, that was certainly Art that I saw in the Boston Museum of Fine Arts last year (OMG! What a show!) But it's blown and formed glass, and he doesn't do any of the work himself...

These pieces are called "Chandeliers." Maybe a craftwork, if you have really high ceilings.

You can debate the art vs. craft issue ad nauseum. Some days, I consider myself an Artist, but most days I'm a designer, or a salesperson, or an artisan, sewing and stuffing my pillows. I like to say that I literally have my hands in the production of every ShapeShiftas' pillow. And even though each pillow is functional and reproduceable, I also think of my creations as artworks for the couch. To paraphrase Cab Calloway, Is I Is Or Is I Ain't An Artist? Since I want to be inclusive, not exclusive, and I think we can never have enough of Art, I guess I Is!

Just don't pour your cereal into those bowls, please.

peace, Deborah

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