Artist Sues Cultural Group over Calendar Art

BY: SUSAN LAZARUK

"All Attractive Couple" by Visnu dasa
© Rudy Benno, 1990
Prints available at Visnu dasa's website, KrishnaLand.com

May 11, VANCOUVER, CANADA (PROVINCE) — Rudy Benno wants $25,000 from Hindu society.

A Hare Krishna artist is suing a Hindu cultural society for using part of one of his paintings of Lord Krishna -- a copy of which he says hangs in the late Beatle George Harrison's home -- on promotional calendars.

Rudy Benno of Galiano Island is alleging the Then India Sanmarga Ikya Sangam Educational and Cultural Society infringed his copyright of the 1990 painting called The All Attractive Couple.

The cropped image on the calendars, printed by New Century Press, also named in the lawsuit, was surrounded by information -- including listings of religious events, various religious slogans and a quotation from Swami Vivekananda.

"Being associated with these identifiers is significantly detrimental to the plaintiff's professional and personal reputation and greatly disturbs his peace of mind," according to the lawsuit filed in B.C. Supreme Court.

Benno also objected to the title of the painting printed across the foot of Lord Krishna.

His signature, which was his former spiritual name of Visnu Dasa, was cropped from the image, and the society printed its own copyright on the calendars.

Benno said the unauthorized use of the image causes "direct harm" because of confusion to current and future customers about his association with the society and its slogans, "most notably Swami Vivekananda's."

The substandard quality of the reproduction will also lower the value of the 10,800 limited-edition signed and numbered prints of the painting, which Benno is still selling and has sold for $59 to $108 each, he said.

Benno asked the society for $25,000 to "compensate the plaintiff for his perceived losses," and demanded it stop producing the calendars and recall and destroy any already printed.

The society sent an e-mail to Benno with an apology and a promise to not use the copyrighted works again, but no settlement offer.

The letter, which began "Hare Krishna!," said, "With due respect, we had absolutely no knowledge or idea of who you were."

It said the society distributed the calendars free of charge and was making no money from them. It also said the group had destroyed what remained of the 2,000 copies.

The letter offered to send out corrections about the use of the art in its newsletters and in its temple.

Benno is alleging, among other things, defamation of character and is suing for an unspecified amount in damages.

The author can be reached at slazaruk @ png.canwest.com
© The Vancouver Province 2007