AT&T Infringes on the Art of Christo and Jeanne Claude

After attending Jeanne Claude’s heart warming memorial on the 26th of April at the Metropolitan Museum of Art, NYC and better understanding her character and persona, I can be sure that this campaign would already have been taken off-air had she still been alive. Seeing the comments made on the video already you can see that people even thought it was a commissioned tribute of some sort, but it was no such thing.


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WHAT DO YOU GUYS THINK?

  • ELLIANA12

    It’s a commercial people with fake effects, not actual art. As far as people thinking oh Christos is copying AT&T by continuing the work is ridiculous and if people do think that then they’re just stupid. Everything in advertisment is inspired by one thing or another, no matter how ‘original’ they seem to be. without anything for people to relate to, no one would give a rip about products or advertising. So what if the inspiration for the commercial was Christos and Jeanne Claude, I don’t think it was disrespectful, it makes me want to see what Christos and Jeanne Claude did because fake effects or not, I think it was lovely. I don’t give a rip about AT&T, I think they suck the commercial didn’t inspire me to buy thier product, it inspired me to find out more about the artists and I’m sure I’m not the only one who feels that way. For AT&T, I think thier advertisment backfired because even though it was a very visual commercial, thier product still sucks and nothing can cover that.

  • http://mannphoto.com Chris Mann

    ok, we get it Ellianna, you just “don’t give a rip”. Doesn’t that just about sum it all up with you?
    Some of us do give a flip.

    I don’t mind if AT&T is inspired by Christo, by why couldn’t they have chosen a different color than Christo’s signature shade of orange. It is a blatant copying, without bringing anything new to the idea that makes us give a flip.

  • Tender Hook

    Missing The Point (big time) Elliana12. Obviously you are not in the fine arts or a creative arena otherwise you would be more insightful re plagiarism. This is more indicative of the ‘if-its-out-there-its-OK-to-rip-it-off’ mentality. We all recognise that people are influenced/inspired by many things. Its the obvious, unimaginative, detailed rip off that is being discussed here, the matter of principle/s. Personally I am not a big fan of Christo & Co’s work but think its positive if the result is re-interest in their work (they may indeed welcome this).
    Maybe some sort of subliminal homage detail or credit in future ads would be good… Over and Out

  • EmperorsNewClothes

    AT&T’s campaign was not homage. They stole Christo himself. They made it look like he was under contract to them, and was on some level endorsing AT&T. That raises this to the level of a Lanham Act violation.

  • Tehane

    On the other hand, it’s stunts like this that spread awareness of the obscure…If ATT didn’t add the disclaimer, I would’ve never known who these two artists were. As far as the orange color is concerned, the orange is the same color as the company that actually bought out ATT…CINGULAR…or is the art world not educated in things of the business world? Art is a business. The only people who say otherwise are either broke or living off of other peoples’ money…or a trust fund. Get over it; let the lawyers deal with it, who will make the most money out of this whole thing anyway.

  • karen prosser

    Every time the at&t commercial airs, I am angry that they are getting away with this obvious theft. How much was the estate paid for use of this idea by at&t? Probably nothing. Prove me wrong. I’d love to know an artist or two hasn’t been ripped off again. Switch to Sprint!

  • Chris

    Get over it…especially for anyone in the arts. How many movies are based on the classics? How many artists have been influenced by masters? The simple fact that a work has been viewed by someone in fact influences their later work. If the article I read is correct, the couple has never accepted royalties from films or books about their work. So get over it. Only two people have the right to be upset or offended in reality. If you want to be upset and offended for them that is is your own call. As for as Mobile/Cell Phone Companies…you know what Joe Pesci says about cell phones in one of the Lethal Weapon’s movies. That goes for all wirelss companies.

  • http://mannphoto.com Chris Mann

    Chris, every time someone says in this thread “how many artists have been influenced by the masters”, or “how many movies are based on classics”… I am going to say again for the umpteenth time in this thread… What AT&T and the agency BBD&0 did here was not “inspired” or “influenced” by Christo. Come on! They copied them. They did the exact same thing. Just used different monuments and buildings. It might have been faked, but all that matters is the end result. And the end result looks EXACTLY like Christo would have done it. There is no mere inspiration. It is monkey see, monkey do!

    And to all the people who say “get over it.” I say, YOU “get over” the fact that we don’t like this and merely want to express our collective disapproval on this forum….. Is that ok with you? huh? If not, then “get OVER it” and go someplace on the world wide web if you don’t like it. There are plenty of other forums for you. I am not upset by this rip off. Just disgusted. I have the right be be concerned and disgusted about this if I want to. Please don’t try to talk me out of it. I think I have reason.

    Tehane, all I can say is that you are right that much of art is business. But art does not EQUAL business. Many artists don’t sell out at the right price. IF they do, I have no problem with that. I am a capitalist, too. But you and others on this forum really surprise me at how much you are willing to apologize for and make excuses for the excesses of Big Business. And at the same time, have no empathy for the small artist. Corporation have gotten to be so big and powerful. And there are so many of them screwing up. BP, Citibank, GM, Goldman Sachs, and so on. What AT&T has done, of course, pales in comparison. But I just don’t understand why some people on this thread are so into defending the Big, ALL Powerful Corporations, and not the small artist, even when it is obvious he is being steamrolled and mugged. Is it because the a Big Corporation butters your bread?

  • Chris

    Chris Mann, sorry to upset you even further. To say get over it, is to say it is a way of life.

    If there was a history of this particular artist(s) caring if they received anything in regards to compensation for their works or likenesses being used, even if they donated the proceeds, then I would stand 100% with the artist.

    As it stands now, it’s very difficult to do so becuase they have not requested loyalties in the past.
    You have every right to be upset if you want to, but don’t be expect the artist to be upset, just because you feel they should be.
    As for the ideas and colors…that Color is used in AT&T’s corporate documentation in part because of the tie to Cingular. The individual pieces in the commercial chosen do not duplicate any of the individual works of Cristo and Jean Claude do they?
    Let’s flip this for a second. Does anyone have a problem with the fact that Andy Warhol gained fame in part by using Campbell’s soup cans? Or the fact that Van Gogh painted replica’s of other paintings?
    I am not saying you can’t be upset over this instance, I am just saying that it is naive to think that this has not happended even within the art community itself. It’s like saying that someone taking a black and white nature photograph is copying Ansel Adams. Or Lady Gaga is just copying Madonna and Marylin Manson. You could probably argue the points of each.

  • http://mannphoto.com Chris Mann

    1st of all I am not upset. And it is not appropriate for you to assume that I am. I am disgusted. but not upset. You are reading my words with your intonations, not mine.

    get over it? its a way of life? so is genocide, rape, corruption, extortion, larceny, and huge unstoppable oil spills. Should we just “get over” those too? They are part of life.

    2ndly, what makes you think that Christo has never requested royalties for his work? where do you get that? Of course Christo is compensated for his work, especially the likeness of it.

    Their main corporate color is blue. If they had used blue, that would have been better. Blue has been used by Christo, but that shade of orange that AT&T used is Christo’s signature color, right down to the shade.

    Let me explain to you how art and advertising work. I could come to you and take your photo, without your permission, and I could put it in editorial magazines, and I could hang your photo in galleries and sell that photo of you for thousands of dollars, and art posters, and there is not one thing you could do about it. However, if I used one of those photos in a advertisement, you could sue the heck out of me. Warhol CAN use the Campbells soup cans. But not if it were to sell soup bowls or spoons. Only if it were to be sold as art. But AT&T is not supposed to be able to use other people’s imagery in selling their product. I would imagine that if Christo wants to spend his remaining few years on this planet fighting a huge corporation with lots of lawyers and very deep pockets, he would win. Maybe he doesn’t want to sacrifice that much of the remaining years of his life. A big corporation is a 2000 lb gorilla. They can get away with what they want. They can afford to.

    Yes, it is ok for artists to copy other artists. YES! But you can’t use artists work without their permission, and you can’t even come too close when trying to copy their ideas. That is they way it is supposed to be anyway. That is how it is supposed to be in this country.

    Do you see the difference???

  • chris

    What is the deal people? You are referring to this Jean Claude person like she draped famous structures with cloth or something. You are acting like everyone knows Jean Claude and Christo and their work. What is their work? What did they do that ATT&T copied? I like that everyone posting is saying “Oh My! I saw this commercial and immediately thought of Jean Claude! Nobody has heard of her including you. Can someone explain what this supposed work of hers is that ATT&T supposedly stole?

  • EmperorsNewClothes

    Federal Courts have long held that the unauthorized use of a famous singer’s voice in a commercial constitutes a false endorsement and a violation of the singer’s right of publicity. Jackson Browne filed suit against John McCain alleging that McCain’s use of Browne’s song, “Running On Empty,” in a campaign ad violated the United States Lanham Act by suggesting that Browne was associated with or endorsed McCain’s campaign. Bruce Springsteen complained for the same reason when Ronald Reagan used his song “Born in the U.S.A.” during his re-election campaign in 1984, and Sam & Dave had the same problem with Bob Dole, who changed their song “Soul Man” to “Dole Man” during his 1996 presidential campaign. AT&T made it look like they have a sponsor-celebrity relationship with Christo, which amounts to a form of endorsement from Christo, or even his appreciation, blessing, permission, cooperation, concession, or agreement to no-action.

    This idea of AT&T bringing awareness to the obscure is insulting. You might as well say that the BP oil spill has brought awareness to pelicans. Christo doesn’t need or want AT&T to raise awareness for him in the art community. That AT&T made it look like they had that kind of relationship is a violation of the Lanham Act.

  • Dane

    I have to agree with Chris Mann. Those who tell us to get over it should take their own advice. First, they must think SOMETHING of it, as they searched online for it, and second, they took the time to actually care.

    Now the Chris who posted above me should take these notes: How do you know how Christo feels? He should be upset. That is ripping off him and his late wife Jeanne. Second, how well do you think you know the two artists? Not enough to know how to spell JEANNE right. Andy Warhol and Van Gogh were great artists. They had produced original works, making them famous. NO ONE thinks that taking a b/w photograph of nature is copying Ansel Adams. No one at all. Those who have seen just one wouldn’t even think that. If you compare the Adams to another nature photograph, and asked everyone in the world. 6,999,999,999 would say no, but apparently you say yes, as only you thought it.

    Who in the heck cares about Lady gaga or madonna or that he/she manson. They’re not even real artists. They are the, as you would say “Van Gogh or Andy Warhol” of music, isn’t that right?

  • http://mannphoto.com Chris Mann

    Chris, above, who wrote on July 7, I hope that you are just joking, and being facetious. If you are, bravo! If you are not, well…. you can always Google Christo (and you can always look up the word facetious, while your at it! LOL)

  • EmperorsNewClothes

    Imagine the confusion that would result if Christo proceeded to execute what we see in the AT&T ad, and exercised his right to create drawings or detailed renderings of his orange fabric on the Gateway Arch or on the Las Vegas Strip, and then Sprint licensed these artworks for a national print ad campaign. I’m sure you’d agree that AT&T could not stop this. Nor could AT&T stop Christo from actually organizing these installations. The problem is that it wouldn’t make sense for Christo to invest his time or money in these activities, even though they would be so characteristic of his life’s work, because AT&T has already executed this Christo-lookalike vision in their long-running ad campaign. Sprint would feel the same way, as would a national museum. This is one key to measuring the damages against AT&T. The damages are equal to the scope and grandeur of the Christo vision robbed by AT&T.

  • Trysh

    @Chris Mann, there was an article back in 2008 I believe that stated that Cristo and Jeanne Claude had not received anything from documentaries and other items about their work.

  • http://mannphoto.com Chris Mann

    Trysh, on July 7, Chris said: ” they have not requested royalties in the past.’

    That statement is infinitely broader than just documentaries and news coverage. Documentaries aren’t expected to pay their subjects, and neither are news stories. An artist like Christo does need news coverage. But Christo never ever sold any of his actual “wraps”. He ONLY sold photos, photo books, and large prints and posters of what he had created. That is how he earned all his money. So when someone says “they have not requested royalties in the past”…. I thought that person was wrong and called him on it.

    (note: Chris actually wrote “loyalties” not royalties, but in the context, I knew it must have been a typo)

  • Chris

    So the spelling police come out…Noe yu Mr. Mann…I didn’t catch the error, my apologies.

    To all. It’s a matter of perspective.

    The point is that the technique is not the exclusive right of anyone, correct? No more than a painting style is. If there is a copywrite on the technique, then again, I stand 100% behind anyone taking action against the use of the technique or asking for compensation for it’s use.

    While it may be in poor taste or bad form, unless COMPLETE actual reproductions of actual published works by the artist in question are used it would be hard to say items are copies. And as with the technique, if they are EXACT replicas, I would stand 100% behind any action taken. Yes, you sure as heck can tell who the influence was, but can you say they are EXACT copies?

    And no, I don’t know how the artist feels. Neither do you. That is kind of the point. I haven’t seen a quote or comment from Cristo on this. Be upset, be mad, be happy, but ultimately it’s his feelings and thoughts that ultimately matter most, regardless. Correct?

  • http://mannphoto.com Chris Mann

    I think it is not just the technique that has been copied, it is the concept and the execution of that concept that has been copied. Of course the artists feelings are the most important.

  • Chris

    BTW..the chris with the lower case “c” is not the same poster and Chris with an uppercase “C”.

    Chris Mann, concept. Valid point. The concept of of the AT&T Commercial appears to be more active than passive. Christo’s appears to be more passive than active. The final result vs. the action. Again, that is just one perspective and everyone will see it differently.

    On a different note. Anyone else notice that St. Louis is not really an accurate St. Louis skyline.

    And for the person that put forth the whole U2 Scenario, I really don’t know how you can say for sure how a judge would rule.

  • CJ

    Chris Mann, I read your comments, wherein you accuse people of being ignorami, and then I read the following gibberish: “I say, YOU “get over” the fact that we don’t like this and merely want to express our collective disapproval on this forum….. Is that ok with you? huh? If not, then “get OVER it” and go someplace on the world wide web if you don’t like it.”

    You are the one who can’t tolerate an alterantive opinion without making personal attacks and assuming an air of superiority (“let me tell you how it works,” etc.). Of course corporations should be subject to restraints imposed by IP law. But where do you draw the line — no cultural references are allowed in advertising? Warhol would have been the first to recognize that the lines between pop culture and art and corporate imagery are blurred, and you want to keep them separate. So fine. Corporations need to obey IP laws (and if AT&T is close to the line, that is a risk they willingly took). Just remember that without corporate sponsorships we’d have a lot less art to look at and appreciate.

  • Chris R

    Correct- not to be confused with Chris or Chris Mann.
    All I mean to say is that like it or not, the general public is not familiar with the works of these artists. They are not Picasso, DaVinci, or Michaelangelo. Unfortunately art. Does not permeate our culture as it probably should. That is another discussion altogether. My point is that infringements like this will continue to take place because there is not enough of an outcry to change it. Remember, American society is reactive, not proactive. And if no one knows who Jean-Claude and Christo are, they will not react. They believe that AT+T created this idea for their commercial. And the disclaimer is the only thing to tip them off otherwise. I think it was by design that AT+T chose the likeness of these artists work because it was subtle and unknown and only a very small faction of internet bloggers would even notice. If they did mimicked the concepts of better known artist (in the publics eye) then they would be battling over IP and CW as we speak. If theyplayed their commercial to the music of Green Day but changed the lyrics, you can bet people would accuse them of stealing the music and Green Day would have their day in court. In the end nothing will change because the masses do not know JC + C and ultimately, do not care.

  • http://mannphoto.com Chris Mann

    CJ, this has become a long thread, and your post makes it obvious to me that you haven’t read all of it, but have skimmed over parts. Why do I think that? I already wrote what the difference is between Warhol using soup cans and then someone else using warhol’s work. It IS a one way street. That is just the way it has been. Artists can borrow from other people’s ideas, but advertisers have always had to get releases and permission and purchase rights. I can take a photo of you and sell prints and run it in editorial magazines all I want without your permission. But if I use the photo of you to sell something, then I have to get your permission.

    I hope Christo decides to spend his energy, resources, and the remaining years of his life going after the big powerful corporation that walked all over him, but he might not choose to. I hope he does. AT&T and BBD&O must have been counting on the fact that he would not go to the extreme efforts required to sue a huge corporation. You, CJ, are RIGHT on this one…. AT&T “willingly took” this risk, didn’t they!

    I in NO way wish to curtail or criticize corporate sponsorships or their charitable work. But just because they do some good sometime, does not give them the right to take what they want from the little man, just because they want to.

    CJ, I have never accused anyone of being “ignorami”. I am accusing a lot of people on this thread for being corporate apologists. Lastly, I got tired of people joining this forum and telling those of us on Christo’s side to “get over it.” If they are tired of this thread, then don’t read it any more.

  • Joe

    I immediately recognized that the AT&T commercial was DERIVED from Christo’s and what’s-her-name’s work. That said–all the militant-artsy-fartsy types getting their knickers in the proverbial knot here over this, need to take a collective deep breath or a valium or two.

    I’m not an expert on Christo’s work, but–regarding the copyright issues…after reviewing the AT&T commercial, I didn’t see any “blatantly Christo” wrapped items (i.e. islands or New York City buildings).

    I point this out, because (according to the results I’ve found after doing a quick-reference search on Christo’s work), Christo has NEVER wrapped Hoover Dam, the Gateway Arch, Las Vegas or the Hollywood Letters….

    The “Fair Use” clause of the Copyright Law does allow “derivatives” of an artist’s work. Non of the CGI-covered locales in the AT&T commercial are direct-derivatives of Christo’s previous works. Yes–they’re done in the style of Christo, but none of them ARE Christo’s work.

    All of you getting up-in-arms over AT&T’s commercial are missing several key points of AT&T’s purported “rip-off” of Christo’s work. First–Christo does not necessarilly own the idea of of “wrapping.covering on a large scale” (that is for the courts to decide, but first allow me to continue). Second–all the images are created using CGI–not real fabric. Lastly (and as I mentioned previously), none of the items covered in the commercial were structures/locales that Christo has used in any previous works.

    And as far as that “trademark orange” that people are claiming is Christo’s… unless he has successfully filed a copyright or patent on that particular shade, he doesn’t own that either.

    In the evil corporate empire world, nothing moves without clearance from either the accountants or–more importantly–the lawyers. I’m pretty sure the lawyers already have the chess pieces positioned, in case Christo or whats’-her-name’s estate comes a-knocking.

  • http://mannphoto.com Chris Mann

    You are accusing US of getting our panties in a wad over this? what about you! Better check your own underwear, dude. You sound just as overwrought about this as anyone else on this thread. Why are you letting us get to you so much? It is just a discussion thread. No harm being done hear.

    Sometimes, corporate lawyers can give the green light, if they feel like they can win because of might not right.

    The advertising world has more more stringent rules to follow when it comes to using ideas, concepts, and even executions “derived” from previous work. I can not claim to know how this would ultimately be decided in court. But I do know that my respect diminished a little for the ad agency BBDO, for AT&T, and for big business corporate culture because of this ad campaign. Big Business is really taking a beating in the public eye, especially in the last couple of years. I know most people don’t care about the relatively small and relatively unknown artist. Be some of us do. And we are discussing our feelings here about it. Yet some people want us (the “artsy-fartsy” types) to to be complacent about something we care about and shut up. There needs to be a word for you corporatey-fartsy people! LOL

  • Joe

    @Chris Mann

    Your reply illustrates my point: “letting us get to you?” Methinks you flatter yourself o’ermuch. As a visual artist myself, I am not insensitive to copyright issues. However, I also know the realities of today’s world (i.e. the internet and the way the evil coporate empire world operates).

    You see–the sad point of all these rants against evil AT&T (and yes, they are–as most corporate entities are–EVIL) “infringing” on the sacred pasture of Christo is that it doesn’t matter to AT&T, nor does it mater to the majority of Americans.

    And has been stated previously–the majority of typical “ugly Americans” have no idea of Christo or Jeanne Claude are–nor do they care. The old addage of “immitation is the most sincere form of flattery” doesn’t seem to apply to militant artsy-farts types in some circles.

    Ignore the fact that–thanks to the new disclaimer added to the tail-end of this controversial AT&T commercial, many ugly Americans now know who Christo and Jeanne Claude are, who were previously oblivious to them.

    I haven’t seen any comment from Christo–the one who would have the most right to be up-in-arms over this purported infringement. I’m no big fan of AT&T–never have been, and never will be, but the rants and rails against them over this infringement is almost amusing–especially the ones who think Christo should sue.

    If Christo does decide to sue AT&T the burden of proof will be challenging:

    1) Christo have to show that AT&T directly infringed (copied) any his works–not the “idea/concept” of wrapping large objects. Again–none of the wrapped items in the AT&T commercial were direct copies of previous Christo works.
    2) In addition to item #1, Christo will have to prove that the AT&T commercial caused serious and tangible damage to Christo and/or his collective works.

    I’m no copyright/intellecutal property lawyer–but again, what Christo does (the idea of wrapping things) is not computer code or an exact sequence of words. That said, there are certain things/ideas you cannot own/copyright. Having had to understand the Copyright Law for a college paper on music sampling, I think AT&T is pretty much safe with their commercial.

    I remember when the Estate of Gershwin “sold out” to United Airlines a few decades ago, letting UAL adopt “Rhapsody in Blue” for its corporate theme song. There weren’t any online comments boards back then, but people raised hell nevertheless. What became of that? That was 1976.

    Yes, artsy-fartsy types have every right to raise hell and get their collective knickers in a knot over this. You also have right to tilt at windmills. The end result will be the same. Cheers!

  • Chris R

    The problem here is, you both just like to hear yourselves talk. I will give you both the satisfaction you are looking for…ready? You are the two smartest men in the history of humankind and none of us can even begin to comprehend the depths of your intellect. You are both, simply amazing.

  • Joe

    @Chris R

    Whoa–Chris! That cuts really deeply… ^_^

    However, your reply to mine and the other Chris’s “brilliant bloviating” doesn’t affect the fact that I agree with your last post re: the AT&T commercial.

  • Chris R

    Haha! So I guess if you agree with me then we are the THREE smartest men in the history of humankind. I can deal with that. :)

  • Suzie

    I loved the commercial and I still do. True I work almost non-stop and know little about art but when I saw the add I was mesmerized although I remembered it as a Verizon ‘vert not AT&T. When I first saw the add I had a vague recolllection of an artist who had done something ‘big-ish’ like this elsewhere in the world. I am glad to learn more of Christo and Jeanne Claude from these many postings. I do, however, agree with those who wrote before my writing that the surviving teammember or the estate should have been acknowledged and remunerated. No AT&T for me – perhaps the best revenge – if they’ll steal from the “well known” they will certainly treat me no differently.

  • DennisCMyers

    What, only two artists in human history can drape sheets of fabric or whatever over well known landmarks?

  • Denny

    Here is the same stuff but by JWT Ukraine)))
    http://www.youtube.com/watch?v=BkXTJSowz58&feature=player_embedded

  • Denny

    Here is the same stuff but by JWT Ukraine)))
    http://www.youtube.com/watch?v=BkXTJSowz58&feature=player_embedded

Shocking is the first word that comes to mind after watching the new spot for AT&T’s “Rethink the Impossible” campaign produced by BBDO. It seems all too convenient for such a concept to premier just after the passing of Jeanne-Claude, the public voice of the art produced by Christo and Jeanne Claude.

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