Author created book of Durham protest murals without artists’ consent. They want answers.
A group of artists in Durham came together last month to support the Black Lives Matter movement, using their talents to dress up buildings with murals to celebrate their people.
Today, some of those artists are upset and in a battle to take back their art, which they say was used in a book and on an author’s business card without their consent or any compensation.
John Davis of Durham created a book called “All/Black Lives Matter,” a collection of images of the murals that were created as George Floyd protests sprung up all over the country, including in Durham. But several of the artists say Davis doesn’t have their permission to use their work for profit. The handmade book was being sold for $75.
Members of Art Ain’t Innocent, a group of artists and arts advocates who work to “create more equity, particularly racial equity, in the arts community,” have called out Davis on their Facebook page. Several members posted they had reached out to him and demanded answers about how their art was used.
Wade H. Williams, one of the group’s members, said one of his paintings is being used on Davis’ business card. The image is of a Black Lady of Justice — a blindfolded woman holding a sword in one hand and a two-tray scale in the other.
Williams told The News & Observer on Monday that he is “rather upset about it.”
“He’s profiting off my work without my consent,” Williams said in an interview. “That’s tough.”
On Tuesday, Davis told The N&O that he didn’t mean any ill intent by publishing the images in his book. A statement in the book says he sought to make sure the temporary tribute of “amazing artwork never seen before” was permanently preserved. A photo of the statement was posted on one of the artist’s Instagram accounts.
“My intentions, I thought, were honorable, celebratory,” Davis said in a phone interview. “I was trying to protect and preserve something that had transitory lifespan. I’ve made books before. I’ve made books about artwork, I’ve made books about street art.”
According to the Art Ain’t Innocent Facebook page, 44 Black artists came together the week of June 5-17 and created 42 murals on storefronts in downtown Durham. The post explains that artists were paid by the business owners and the Durham Artist Relief Fund organized by NorthStar Church of the Arts.
Davis said he has published several books in the past with images of public murals and has never had a problem with artists being upset that their images were used without permission. He also said he has never before asked permission to use their images for his books. Davis said he feels like if the art is in public, then he has the right to photograph it and put it in his book.
“When they are out in the public property, when you (paint) something on the street, and say I still have some rights,” Davis said before taking a pause. “That’s a mystery to me.”
Williams has hired a lawyer, Brandon S. Atwater of Durham, who is investigating the use of art without consent. Atwater has not responded to The N&O’s phone calls for comment.
Meanwhile, Louella Wine, Beer & Beverage in Durham posted a picture of the book on its Instagram page over the weekend but removed it after hearing from the frustrated artists. Cam Davis, the owner of Louella Wine, posted an apology on the company Instagram account.
“The book should never have been posted,” Davis shared on Instagram. “While I had no hand in its creation, I did share it. My intentions were not to discredit the artists in any way. I did not do my due diligence in researching whether the artists were involved, and for that, I am deeply sorry.”
Kiara Sanders, of Apex, first saw a picture of Davis’ business card with Williams’ painting posted on an fellow artist’s Instagram page. As she clicked through several images from the book, she came across the cover and recognized the work immediately. It was one of her own murals — a colorful mosaic with two children holding hands front and center.
But Davis added the words “All/Black Lives Matter,” the title of the book, over her painting.
“I was disgusted,” Sanders said of her reaction to seeing her image on a book cover. “It just felt really disrespectful that someone put their own agenda on something that was meant to be uplifting. I was definitely mad about it.”
She said she also is considering hiring a lawyer.
Monet Marshall, one of the organizers of the mural project, has not seen the entire book, just the images posted online. She was shown images of the book’s contents and knew it was work done by artists in the mural project.
Marshall said she and other artists are trying to determine their next plan of action.
“Our allies and other artists have reached out to John Davis,” Marshall said.
Marshall said she doesn’t feel like it’s his place to preserve artwork done by others.
“He is the one to decide he’s going to archive this work and make money off of it without permission,” Marshall said. “And this idea, just because something is out in the public and he can turn around and take photos of it and make money off of it … I’m not a lawyer but there is a conversation to be had about the way public art is used.”
Davis told The N&O he did not know how many copies of the book he had made. In a statement to ABC11, The News & Observer’s media partner, he said he sold three copies of the book for $50 each, gave one away and destroyed the other copies.
Davis said he has not responded to the artists who have called or left messages for him. He was made aware that some artists may attempt to take legal action. When asked if he was concerned, he said, “no.”
Davis said he was surprised by the artists’ negative reaction but did not elaborate why he thought this time was any different.
“I can’t go down that road,” Davis said after thinking for a second. “I don’t know.”
This story was originally published July 23, 2020 at 2:11 PM.
