by Julio Mejia

One of my first oil paintings was inspired by the image of Nabisco Barnum’s “Animal Crackers” box.

When I was a child my grandma, Lee, would always give me an amazing box of “Animal Crackers” when she would visit. Every time she visited our home, upon receiving the “Animal Crackers” box, my mom said my eyes would light up as I viewed all of the colors and animals on the box. I was fascinated with the image of the wheels of the train on the box, the animals, colors, and the little string handle. The box would keep me busy for long periods of time. Imagine my excitement when I finally was able to see the circus come through the streets of New Orleans and the impact this had on me. Even more memorable was the impact of actually seeing the Barnum Bailey Circus in person.

As an adult, I created a painting inspired by the artwork of the “Animal Crackers” box. The first step of creating the “Animal Cracker” box painting was priming and sanding the canvas. Next came the mixing of the colors using a combination of pigments with poppy seed oil using my stone muller. I carefully combined the colors until I created the perfect creamy texture that the colors of the painting required. The second part of my process was meticulously painting the giraffe, tiger, hippo, and zebra free hand using fine sable hair brushes. Painting all of these characters required many hours of work and patience, all for the love of my childhood memory. You would think with this original use of alchemy and my loving memories of my childhood, maybe the Fair Usage Act would understand that my “Animal Cracker” box painting would be considered an original work of art inspired by Nabisco Barnum’s “Animal Crackers” box. The lesson learned for me unfortunately, was that my beautiful painting was considered “a derivative of the colors used in the illustration of the original box.”

Now imagine that this completed painting is 36” by 36” and was incorporated on a 36’ by 36’ art installation. My final painting was an original work with only a very small portion containing the “Animal Crackers” box colors and images. The painting evolved into another work, my work. Unfortunately, my beautiful painting was not protected under the Fair Usage Act. It was considered in violation even if I donated the painting or were to sell the painting for only the cost of the materials. The lesson learned is that when creating a work of art that emulates another creation in any way, be very cautious as the finished work may be considered a violation of copyright infringement, even if sold for a small dollar amount. It is perceived that the work may “take away from the company’s bottom line” if any work created from the original artwork is sold or donated. I have learned it is okay to hone one’s skills by emulating another work but artists must be careful when selling or donating any work that may be “inspired” by another piece of work.

All artists learn from other artists as we cannot create in a vacuum. It is important to know where the legal limits of the law are while appreciating the works of others and utilizing that inspiration in further cultural development of one’s work and portfolio.

**Julio Mejia is an international visual artist and is a GIPA and USIPA Board and EAS Committee member.