TMZ

Our TV Shows

Got a Tip?

Call TMZ at (888) 847-9869 or Click Here

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. 

0921-media-removed-britney
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.

1215_situation_rip_page
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

No Avatar
91.

papprorattist    

YOU can`t NOT reproduce anyone`s image without them signing off or shareing the copyrights.In this case his images and works are ALL owned by the hollywoodstudios and he is a SAG card holder thus his images are only to be used under contracts.Screen actors guild members(SAG)can only work in union markets unless a underfilm with rights signed away.He doesn`t own his own images the studio does as he signed them off under this SAG union contract.She can NOT use his images or even make money off his name even.She paints cartoon backgrounds at disney FOX so it is a fake TMZ=FOX self production as is standard fake news SOPPY.

1375 days ago
92.

Master Po    

no her other work is trash also not just this. That she was trying to spam their facebooks with.

1375 days ago
93.

Bubbles The Chimp    

97: Just wait until she releases her coffee table book about coffee tables (with foldable legs). :P

1375 days ago
94.

SeizeTheNight    

I looked at her website. Her so called art is absolute ****. She needs to be reminded that just because she can paint, she is not an artist.

1375 days ago
95.

feldmans enemy    

There is no way everyone could even keep up with the usage of image trading in todays times .example- I saw scarlot johanson holding a vanity fair mag with johney depp on it. How is the original photographer of depps shot gonna get paid when it was used on x17onlines cite - anyways - x17 made money from ads and his image was used - just another view point - no spell check user- too busy reading tmz : )-

1375 days ago
96.

Bridgette    

Wow James and the Chimp you sound a little too angry. Please show us what you've done that is so great. Post a link to it right here and I will promise to do the same.

1375 days ago
97.

Bubbles The Chimp    

103: Not angry at her. It is just an ugly painting and she should have chosen a better subject. I am sure her other painting are good.

1375 days ago
98.

Bubbles The Chimp    

"I'll take the Kramer."

1375 days ago
99.

papprorattist    

You can not copyright yourself as a brand as 89 said that would be a trade mark not a copyright and a actor who works in hollywod does`nt own thier own images or film as those rights are signed off before any production is done.He is a SAG card.member thus he owns nothing he signs a NEW contract every year and get payed a set wage either union scale or more and he makes much more the the standard 600 bucks a day actors union SAG rate.All TV is union and the screen actors guild also cover internet contracts which in most case at this point pay less then the TV or film rights.Even jack black who produces movies and spilberg has to sign away his right to market his film after time the useage rate goe down as TV add rate do or the film is just sold off as fare as the copyrights in hollywood and on the internet as far as union members SAG and so on ALL RIGHTS are owned by the studios there is NO one who owns their own image or film unless they work out side the hollywood union industry system.She des`nt own his image and can`t reproduce his image or likeness or even use his name to make a living as than he could`nt make a living himself under his SAG union contract he has to jump though wahtever hoops they setup for him.The studios subpress the arts or steal^^^ them from soundscan and image satellites no wort time to be a ARTIST than now it`s a FISH BOWL^^^ with no rights other than UNION which has it`s thugs and mofias

1375 days ago
100.

Master Po    

Bridgette I didnt realize that was a qualification to have an opinion. Since it is can I see your art before I show mine?


http://yfrog.com/45sitchj

1375 days ago
101.

stacey_mac70    

eww, His body is nice but his face is busted HARD!!! He looks like Popeye the Sailor Man. A 50yr old Popeye at that.

1375 days ago
102.

Nikkcolle    

Irrelevant to the Nth power

1375 days ago
103.

not impressed    

Uhm, so I take it that the artist has never heard of the right of publicity laws? Those just might cover the "stitch" depending on where they take the legal action. After all she can't sell his image without his permission anyhow.

Not that I think much of her, but really there are more issues than copyright involved here. She also doesn't have to sue him, she only has to make waves so everyone knows about her now - free publicity. Not even that great a picture, but it could also be the subject - blech to both of them.

1375 days ago
104.

Ben from Baltimore    

She should take Mike Sorrentino onto the Judge Judy show, Judge Judy would teach him real fast whether he was drunk or not. Judge Judy saying "YOU'RE AN IDIOT!!!!!" multiple times would teach Mike real fast. Scenario script:
Mike: I didn't know that posting it was illegal.
Judge Judy: Are you just dumb or has alcohol rotted your brain?
Mike: I am NOT an alcoholic.
Judge Judy: Watching just 5 minutes of your MTV show would say otherwise. You look like a violent alcoholic on that show. Wasn't your castmate, Nicole Polizzi, also known as Snooki, arrested for being drunk and disorderly on the boardwalk?
Mike: Yeah, and it was an embarrassment for the show.
Judge Judy: Would you let my bailiff give you a breathalyzer test on camera?
Mike: Why? I am not a drunk that doesn't give a crap about anything?
Judge Judy: If you are not a drunk then you shouldn't have a problem taking the test on camera.
Mike: Fine, I'll take the test. Bring on the breathalyzer, mam.

The bailiff brings the breathalyzer and Mike blows in it.

Judge Judy: What's the readout?
Bailiff: .19
Judge Judy: How dare you come into my courtroom drunk! You really don't care, either, especially when you came to court drunk! $5,000 verdict for the plaintiff. And Mike, maybe you and your castmates should give Dr. Drew Pinsky a call and maybe do a Jersey Shore edition of Celebrity Rehab to get off of the booze! Take it from me, you might live to be as old as me, but you won't be as smart as me on one finger. Now get out of my sight.

1375 days ago
105.

The Doc Is In    

Funny to read what people thing are copyright laws.
It is her original creation of a public figure. Just as paparazzo have the ability to stalk a celeb and sell the images for 6 figues, she also has the right to create something, no matter her inspiration, and sell it for whateve the market demands.
She doesn't have to submit for copyright. While that would make it easier to collect punitive damages on top of actual damages, it is not a requirement to sue or defend copyright.
If she was inspired by a picture, she still does not have to cite her inspiration and nothing can be done about it unless the created image can be proven to be too close a deriative of the original image. Fair Use, an affirmative defense and not a right or statute, allows for limited use of copyright for creation of original works. There is a long history here.

She is right. It's her original creation even if it is an original creation of pond s***.

1375 days ago
Previous 15 Comments | 3 | 4 | 5 | 6 | 7 | 8 | 9 | Most Recent | Next 15 Comments

Around The Web