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The Situation Accused of Artwork Heist

12/15/2010 1:34 PM PST BY TMZ STAFF

It's no "Thomas Crown Affair" -- but The Situation has been accused of jacking a painting of himself via the Internet ... and the artist behind the image is ballistic. 

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The artist -- Celeste Gillis -- tells TMZ she contacted The Situation on Facebook last month to tell him she immortalized him on canvas -- and he could either have it for a price ... or credit her art website on his FB page.

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Gillis claims The Sitch posted the moob-tacular image on his FB page without doing either (above) ... along with the adding-insult-to-injury caption, "THE MAN THE MYTH THE LEGEND."

Gillis tells TMZ she never asked the Sitch to take down the pic ... because she didn't think he would understand copyright laws. 

No comment from his people.


127 COMMENTS

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76.

JLS    

GTLC Gym, tanning, laundry and....COPYRIGHT LAWS.

She has the right to paint whomever she wants to. The only thing she's done with the end product is attempt to sell it to him. She is not using it in any other way and she has advised him she has it.

Good for her.

1354 days ago
77.

kiki    

i dont think she was out of line asking for a little recognition, is it so hard to show some appreciation to a fan that painted a picture of you? i think not! but than again i have to agree with comment #7, her fault for even painting a pic of this doucvhe, ims ure pauly wouldve appreciated it!

1354 days ago
78.

Y do he got    

It is a non-commissioned painting of a person who makes their living from thier image.The nework he works on owns all of his images and shows as they built him and produced him and marketed him.He owns nothing and she can not copyright his images non-commissioned and they only way she can get a deal is to sign with his studio and they would own her painting.You can own her copyright and still post online as copyright protected but internet copyright law are not inforced unless the big fish get po`ed when someone lifts thier product.China artistes and mexico artistes will painty anything better thah her smitty smuges of a photgraft she lifted to TRY to get MONEY with fake painting even a computer can paint better.She should stick to her own works and images she can`t own this one due to the subject and she will get sued if she makes a dime off it as they own his image and that image can NOT be reproduced without a commissing as a shared copyright for hire.

1354 days ago
79.

Y do he got    

YOU CAN OWN your copyright and still post it online^^^ as copyright protected but anyone can reuse that image as long as they don`t make money off of it IT`s called fare useage and it happens all the time and in facto many hollywood pubs push actors with fare usages as with this painting of thier actor.she just wasted 10bucks on paint and rag and it looks like she painted it with a house painting brush as in HUGE brush strokes.She must paint backgrounds for disney fox!.

1354 days ago
80.

Bubbles The Chimp    

I bet MTV owns his image just like America Idol owns their contestants. So if she pisses off the right people for just wanting a little free mention of her website, it can easily turn into a mess if she tries to mention money. Yes, the internet has added another wrench into how copyright law works. I have known some people to even want a photo deleted that was uploaded without authorisation or they will sue. So she is better to burn the painting for the sake of the human race so it won't exist but she already uploaded it online.

1354 days ago
81.

trkaelin    

I'd kill to have boobs as nice as the ones in that painting

1354 days ago
82.

Kevin    

I think she does not understand copyright laws, which is surprising coming from the writers of this site, seeing how Harvey is a Lawyer.

The Situation intelligently copyrighted his likeness and "The Situation" as a brand, so in order for her to use it, it would have to fall under parody and fair use, which I think you could argue that this does. Therefor no copyright infringement took place on either side. Writers need to do their homework.

::The More You Know::

1354 days ago
83.

esby77    

actually, the judge in the fairey case suggested the 2 sides agree to a settlement because he did not want to set a new precedent in the gray area of copyright protection, and the photographer in question had decided to withdraw his testimony from the proceedings making it an even more difficult case to decide, that was in August. Sheppard admitted to wrong doing because he knew all along which photograph was the basis for his poster (of two possible photos) not because he didn't have the right to use them. I don't think they have since reached a settlement. regardless, in the case of the "sitch" artist, she is not in any violation for painting his portrait, nor would she be if she actually found someone tasteless enough to pay money for it. unless she almost directly copied the image from a photograph (as shepard did), and the photographer took the time to sue her for it, she is not in violation of copyright. Intellectual property, especially in the worl of visual arts, is a notoriously difficult thing to protect and litigate (just ask louis vuitton) and I know because my husband is a copyright attorney.

1354 days ago
84.

brianna    

mmmhhhhm...

1354 days ago
85.

Straight Talkin Texan    

Seems like the artist's interpretation of his "situation" is that he has breasts! LOLOL

1354 days ago
86.

Jennifer    

So... since the artist said "any exposure helps"... and now it's on TMZ (pretty great for both small time and big time artists)... can we say all is fair?

1354 days ago
87.

Y do he got    

FOX owns all rights to hjis images as in they own MTV&that is why TIMMY ZEE is pushing it for thier own studio FOX it`s a win win fake news smitty background painters hoopla disney fox CBS sony viamcommie`ss

1354 days ago
88.

Master Po    

Whats really funny is her posts begging for money she is now deleting. They still pop up when you search on yahoo though

"Celeste Adele Gillis Sammi Sweetheart- Jersey Shore: I am currently selling posters of my paintings of 'Snooki' and 'The"

1354 days ago
89.

Bubbles The Chimp    

I think I will buy the painting to burn it. The world should thank me for this sacrifice...or I will piss on his painted face daily.

1354 days ago
90.

Bridgette    

I'm fairly certain by looking at it compared to her other work that it was probably meant to be funny and not a serious realistic portrait. I love that everyone is taking it so seriously though. Reminds me of a cruder version of the Kramer painting on Seinfeld. The whole novelty is how ridiculous it is.

1354 days ago
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