Mike Hipple on the "Dance Steps on Broadway" Suit
Last week we wrote about a lawsuit involving the "Dance Steps on Broadway" sculpture: Sculptor Jack Mackie is suing local photographer Mike Hipple because Hipple took a photograph that showed part of Mackie's sculpture, which he then sold to a stock photo agency. The photo has since been removed, but the suit is going forward. We spoke to Jack Mackie, and we had the chance to speak with Mike Hipple for his side of the story - after the jump.
Hipple, a graduate of the Savannah College of Art and Design in Georgia, has been taking photographs in Seattle professionally and casually since 1993.
Mike, could you respond to Mr. Mackie's comments to Seattlest?
The image was removed from the agency’s web site within days of my receiving the letter from his lawyers. That seemed suitable at the time - we informed them we complied and that was pretty much the end of it I thought. I did not get served a law suit until about one year later and was completely shocked....To my knowledge, the image was destroyed and not re-distributed by myself or anyone else that I know of. I had even tried to get it back just for my own records but was told the image had been destroyed, as per their request. After being served the law suit, we’ve been working this entire past year on trying to resolve this. Nothing myself or my lawyers have done have seemed to satisfy Mr. Mackie or his lawyers. If he wishes this to end as much as I do, as he mentions, he might wish to make that clear to his lawyers.
You posted a request for donations to assist you in your legal fight recently. What's the response been like since then?
I introduced the legal defense fund web site on Sunday, Jan. 31st on my private Facebook page, initially to enlist my friends and family to help in the mounting legal costs. By Monday, it had jumped from my Facebook page to others’ Facebook pages to Twitter, and beyond. So, what initially was started as a small request of friends and family turned into something much bigger.
Had you been interested in issues of fair use or involved with the Stanford Center Fair Use Project or EFF before this?
I’ve obviously been interested in it as a photographer prior to this whole thing happening and, in the last two years of this, have seen a lot of stories and such. The Shepherd Fairey case with the Obama “Hope” poster was how I initially became aware of the Fair Use Project.
This was not intended to be fought over in the press. The legal defense fund was set up initially so my friends and family could assist with some of the mounting legal costs associated with trying to defend myself in this matter. I posted a link to it on my private Facebook page and it somehow took on a life of its own. I have been surprised and thankful for the support from people all around the globe.
