Dear fellow creative or caring citizens,

As you may or may not know, I brought a lawsuit against Ryan McGinley and

others for appropriating my original works of art and using them for

economic advantage without compensating me.  Unfortunately, on August 18,

2011, the federal court dismissed my action claiming that the works of Mr.

McGinley, used by the Levi Strauss & Co. for its jeans campaigns, were in no

way similar to my own.

Here is the analysis of the 150 photographs.

http://www.thing.net/~janine/EXHIBITEfinalpDFsm.pdf 

The full effect of this decision has a far more reaching impact on every

artist in America and the right to own their creations.  Effectively, the

federal court has left the opportunity open for corporations to steal from

artists . Everything that we value as originality in art, such as composition

lighting, gesture, color, mood... can be remade now - with the approval

of the 2nd Circuit Court.  Its called FAIR USE? According to the COURTS

art critics, I am not creative enough to warrant protection. WOW

What makes this situation worse is that the judge in my case did not follow

his role as a "judge of the court".  According to the law, the judge is to

determine if there are elements in a picture which are copyrightable, but he

dismissed the case and said that my work , which is in the museum is not

worthy of copyright protection. Only the jury is to decide this.  Instead,

however, the judge in my case took on the role of judge, expert and jury,

deciding for himself if there was any copying, and if a layman could see any

copying (disavowing that a discerning observer test is needed, though the

law says otherwise).

To add insult to injury, in addition to achieving a dismissal of my case,

the defendants (including Mr. McGinley) are suing me for legal fees.

They bullied my lawyer away from me by threatening to sue him because

I dont’ have any money. But I DID NOT BACK DOWN.I AM NOW WITHOUT 

LAWYER AND WITHOUT MONEY ( neither of which is great in a legal situation).

Those of you who know what I am about know that I will not let detail bother

me and I am a hard core researcher, art critic, writer and activist. I have opened

the law books and have been scrutinizing over art laws, and the lack there of and

I do believe that my case is very appealable. The other side has 5 well paid experienced

lawyers but I have been seriously targeted, used abused, snoozed on.. but I am

not a loser and I won’t stand for my work to consistently be  chewed up.

I can take a few punches but over 150 photographs throughout 9 years have

been appropriated into both McGinley’s ‘art work’ and commercial ventures

as well as his Levi’s campaign ads which were totally derived from my work.

This was all confirmed by 6 art world experts that the 2nd Circuit court

decided ‘just’ dismiss. What is this world coming to? But I will not let petty

intimidations and swanky lawyers deviate me from this mission. I am not going

to be a manifestation of someone’s raw source material for the rest of my life

as I barely subsist on food stamps. I will continue to educate myself in law until

I get to the heart of the situation or a fabulous lawyer with a heart, saves me.

This is taking time from my music and art. But it would be selfish of me not

to fight this kind of blatant appropriation! IT would only cause pain and suffering,

as I experienced, to the future of artists. There are also some art dealers that

made bank as well.. on McGinley’s work.... and they shamelessly admit in public that

they have been to my studio.

This can and WILL happen to any artist if my case is not appealed. IF an artist

whose work is internationally exhibited in museums and galleries can be so easily

stolen from ( not once or twice ) , than it can and WILL happen to any upcoming

artist that is not part of a specified possé..

I need help from you. The fees are starting to add up and I am trying to raise

$1500 . Please donate to my case. Even though I have been

doing this all pro se- there are a lot of expenses and I am having a hard time.

Your support will be used to help me endure, until Justice PREVAILS!

Also if you think that this is an injustice and do not have the ability to help me out

singlehandedly, then please sign the petition below if you think that McGinley's

work is substantially similar to Gordon’s ?   Click on the various comparisons ( some with

the guide lines some without).

http://petitionbureau.org/protectcreativity

Thank you for your support.
PEACE BLESSINGS AND POWER TO THE CREATIVE SPIRIT

Sincerely,

Janine”Jah Jah” Gordon 

There are many articles on the internet, here are some recent ones.

Any positive press is appreciated as well !!! The defendants have plenty of money

to spend on press that is destructive toward me and they is a lot of hateful slanderous lies that are put out by them.

The recent buzz on artnet...

http://www.artnet.com/magazineus/news/artnetnews/janine-gordon-ryan-mcginley.asp

http://www.janinegordon.com

Janine@thing.net