Opinion | A misguided jury failed to see the art in Mason Rothschild’s MetaBirkins

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Opinion by Blake Gopnik: A misguided jury failed to see the art in Mason Rothschild’s MetaBirkins

And then such artists very often do their very best to earn as much money as they can from the pictures they’ve made: Leonardo da Vinci and Andy Warhol both loved making a buck.

All these “facts” that I hope we’ve agreed on apply just as well to a 28-year-old American artist named Mason Rothschild. Late in 2021, he released 100 digital pictures based on the, the luxury-goods giant, which are beyond iconic in our culture of consumption. Rothschild then did his best to find an audience for his new pictures, which he called MetaBirkins, and he soon found one, since they depicted something important and named it in their title.

When Rothschild’s lawyers first came to me about the lawsuit against him, I agreed to serve as an expert witness, since I recognized the absurdity of Hermes’s case — and that it was basically an attack on art’s fundamentals.

 

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BlakeGopnik So you don't know how intellectual property works in regard to art? If you're using someone's trade make design the art itself must be transformative. Selling an NFT of a trademarked design, without doing anything to significantly alter the form, is not.

BlakeGopnik Would Picasso be considered an artist if he outsourced all his art?

That's not art...

The art business is a dog-eat-dog world ✔

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