Elon Musk’s Lawsuit Mentions “Nonprofit” 111 Times—But Never Explains How It Saves Humanity.

Elon Musk’s Lawsuit Mentions “Nonprofit” 111 Times—But Never Explains How It Saves Humanity — Musk’s non-profit demand is a bait and switch.

Mr. Elon Musk sells himself as a visionary who will save humanity from extinction. This is not hyperbole; it is documented. [0] But before we even evaluate the substance of that claim, we must ask whether he has standing to make it. In his court filing, Musk uses the word "nonprofit" 111 times, yet fails to explain how reverting OpenAI to a nonprofit structure would save humanity, elevate the public interest, or mitigate AI’s risks. The legal brief offers no humanitarian roadmap, no governance proposal, and no evidence that Musk has the authority to dictate the trajectory of an organization he holds no equity in. It reads like a bait and switch — full of virtue-signaling, devoid of actionable virtue. Marc Toberoff, Musk’s attorney, invokes dramatic language throughout the 82-page filing — even calling the alleged betrayal “of Shakespearean proportions.” But what’s noticeably absent is a proper declaration of legal standing. Remarkably, the word “standing” appears only once in the entire filing, but it refers not to Musk’s legal right to sue but to his “professional standing” being damaged by alleged affiliation. Meanwhile, Toberoff uses the word “notwithstanding” thirteen times.

Background: In November 2024, Elon Musk’s lawyers went before a federal court with a demand to block OpenAI’s position to convert from a non-profit organization into a for-profit. Federal Justice Gonzalez Rogers denied Musk the injunction, calling it “extraordinary,” which is shorthand for “going beyond what is usual, regular, or customary.”

However, Elon Musk filed a lawsuit against OpenAI’s CEO Sam Altman in August 2024, and Justice Gonzalez Rogers will let the lawsuit go forward. The legal brief itself is 82 pages long and quite hyperbolic and dramatic. On page one, this gem appears:
“…Elon Musk’s case against Sam Altman and OpenAI is a textbook tale of altruism versus greed. Altman, in concert with other Defendants, intentionally courted and deceived Musk, preying on Musk’s humanitarian concern about the existential dangers posed by artificial intelligence…”

Pretty strong language from a lawyer representing someone who publicly “…supported, and reportedly influenced, the Trump administration’s move to shutter the U.S. Agency for International Development (USAID),” the government’s primary humanitarian arm. USAID dispenses billions in aid to combat poverty, disease, and respond to crises globally. By early 2025, USAID’s headquarters was closed, its website taken offline, and its leadership placed on administrative leave after resisting DOGE’s efforts to access secure systems. (read that sentence again slowly) Musk labeled USAID in a “tweet” on his “X” platform a “criminal organization” and called for its termination. (No proof, no evidenced was proffered.)

Consequently Real World Damage is occurring: 10,000+ Deaths from USAID Collapse After cheering the dismantling of USAID [1], Musk’s rhetoric helped pave the way for devastation. A Boston University study by epidemiologist Brooke Nichols tracked over 10,000 deaths directly linked to the shutdown of USAID-backed healthcare programs. These actions were widely criticized by humanitarian officials and Democratic and Republican representatives in Congress. [1][2]

These are not theoretical harms. They are ongoing tragedies. Musk claims to save humanity — but the numbers say otherwise.

In the lawsuit brief, Toberoff accuses Altman and others of betraying Musk, claiming: “The perfidy and deceit are of Shakespearean proportions.” I dearly hope Mr. Altman’s attorney responded with a Shakespearean retort: “Me thinks The lady doth protest too much.”

On page 11, point 61, Toberoff writes: “…Musk has long been concerned by the grave threat these advanced systems pose to humanity, which he has repeatedly warned is likely the greatest existential threat we face today. These dangers include, without limitation (or exaggeration), completely replacing the human workforce, supercharging the spread of disinformation, malicious human impersonation, and the manipulation of political and military systems, ultimately leading to the extinction of humanity…” Point blank, one has to ask if Musk is demanding that Justice Gonzalez Rogers legislate from the bench and determine what OpenAI can produce, create, or replace. That’s the role of Congress and other government bodies, not the judiciary.

Bait & Switch: I believe this non-profit demand is misinformation and disinformation. This is not unusual for Elon Musk. As far as the spread of misinformation goes, Musk’s “X” platform, formerly known as Twitter, arguably has a monopoly on spreading it. Since 2021, users on X in countries like the U.S., Australia, and South Korea were able to flag tweets they believed to be misleading. Musk later rescinded this. [4] Researchers found that “grooming” narratives — linking the LGBTQ+ community to slurs like “pedophile” — had exploded, with 1.7 million such tweets logged by the Center for Countering Digital Hate. [5] And Russian disinformation campaigns, once curbed by labeling content from authoritarian states, were allowed to flourish after Musk removed those restrictions. [6]

These citations are from respected researchers. But here’s the paradox: Musk accuses OpenAI of spreading misinformation while simultaneously profiting from it. If Musk were truly concerned about humanity’s safety, why is his own AI firm, xAI (Grok), a for-profit subsidiary of X Corp — the very platform accused of enabling hate speech and foreign propaganda?

His goal: To stall OpenAI’s growth and scare off future investors. Instead of defending truth, Musk appears to be projecting that exact questionable behavior onto OpenAI. His lawsuit seems more about disrupting a rival than defending virtue. In my opinion, this is classic law-fare — delay, distract, and exhaust, and his case isn’t about oversight or nonprofit governance. It’s about control. 

The Legal Coup de Grace: Musk’s case falters most on the issue of standing. In the 82-page brief, the word is only used once — to refer to Musk’s “professional standing,” not his legal right to sue. [9] This omission suggests that even his attorney couldn’t argue a proper basis for bringing the case.

Here is a potential death blow to Musk’s ambitions: If OpenAI’s for-profit arm is restructured as a Delaware Public Benefit Corporation (PBC), (as Musk’s own xAI is) Musk’s case may be legally dead on arrival:

• Under Delaware law, non-shareholders have no standing to sue over a PBC’s internal decisions.

• This is not a hypothetical. It’s corporate law. To bolster this point, a 2024 California appellate court ruled that even a director of a nonprofit public benefit corporation loses standing to sue if not re-elected during the lawsuit. [12]

Musk doesn’t hold equity in OpenAI. He has no contractual authority, agreements and arguably lacks any legal standing. I think this is an option “SPANK” this man-child out of court. 

His Private Life Is a Mess: Grimes, the mother of three of Musk's children, accused him of isolating her from their children. [3]
Ashley St. Clair sued Musk for sole legal custody, citing harmful behavior. [4]
Justine Wilson, Musk's first wife, publicly criticized his manipulation and abandonment. [5]
His daughter, Vivian Jenna Wilson, legally changed her name to cut ties with him and condemned his views. [6]

At least three mothers and one daughter have publicly spoken out. What Musk promises to the world, he appears to have denied to his own family.

The Minnesota Deepfake Lawsuit & Taylor Swift:In April 2025, Musk filed a separate lawsuit — this time to strike down a Minnesota law that bans non-consensual AI-generated deepfakes. [10] He argued that banning these manipulations violated free speech.

Minnesota’s law prohibits AI deepfakes used in:

• Pornography

• Political deception

• Commercial fraud

And it was carefully crafted to protect celebrities, actors, and citizens alike.

This came after Musk shared a doctored image of Taylor Swift wearing a fake “Swifties for Trump” T-shirt — which spread widely before being debunked. [11]

Conclusion: Elon Musk’s lawsuit mentions “nonprofit” 111 times and produced 000 suggestions, ideas, or programs, and never once explains how a non-profit status saves lives, protects democracy, or elevates human flourishing. His case rests on vibes — not legal standing, not facts, not ethics.

And in that void, we are left with one truth: People are dying because of this man.

[0] https://www.economist.com/business/2023/12/05/elon-musks-messiah-complex-may-bring-him-down

[1] https://x.com/elonmusk/status/1886102414194835755?lang=en

[2] https://www.bu.edu/articles/2025/mathematician-tracks-deaths-from-usaid-medicaid-cuts/

[3] https://www.forbes.com/sites/brianbushard/2024/07/27/grimes-mother-blasts-musk-accuses-him-of-isolating-their-children/

[4] https://www.lawcommentary.com/articles/ashley-st-clair-sues-ex-elon-musk-for-sole-legal-custody-of-their-son-his-13th-child-submitting-texts-to-court-as-evidence

[5] https://www.forbes.com/sites/kerryadolan/2025/04/18/what-elon-musks-first-wife-isnt-even-close-to-being-a-billionaire/

[6] https://www.cnn.com/2024/07/25/tech/elon-musk-daughter-vivian-jenna-wilson-criticizes-posts/index.html

[7] https://counterhate.com/research/twitter-fails-to-act-on-twitter-blue-accounts-tweeting-hate/

[8] https://storage.courtlistener.com/recap/gov.uscourts.cand.433688/gov.uscourts.cand.433688.1.0_1.pdf

[9] https://www.researchgate.net/publication/360522826_Elon_Musk_Mars_Messiah

[10] https://www.house.mn.gov/NewLaws/story/2023/5514

[11] https://www.cbsnews.com/news/trump-shares-fake-swifties-for-trump-images/

[12] https://calawyers.org/business-law/california-appellate-court-holds-that-director-of-a-nonprofit-public-benefit-corporation-loses-standing-to-maintain-an-action-against-the-corporation-if-she-is-not-re-elected-during-the-litigation/

How do I make my artwork?

"When my work is presented at galleries or art fairs, art lovers and collectors often stop by to gaze; I mention that my work is not a photo or painting, I then stand back and let them absorb the experience without further interruption." As art critic Jerry Saltz said, "Please don't interrupt me; I want to 'hear' what I am seeing." If the viewer is motivated by my work, they usually ask me what it is and how I make it. I say, "I mash up fractals like a DJ; I use fractal software to render image visualizations at high resolutions, sometimes equivalent to a 250-megapixel camera image. I tell them it is a Fractal Flame collage."

Fractals are patterns in nature that mathematicians have codified into math formulas. When the ancients created sheet music for melodies in or around 1400, those, too, were math formulas used to denote tempo notes, repeats, etc. Like musical notes, which can be combined in countless ways to create different melodies and songs, I use computer Fractal Flame software to explore and integrate these fractal formulas and create new digital shapes and patterns. Then, just like someone might look up at the clouds and imagine they see a dragon or a face, I look at my newly created fractal forms and let my imagination suggest stories, concepts, or emotions they could or do express. I select the most evocative 'mash-ups' and digitally cut and arrange them into a composition, adding color and texture to enhance the mood. 

Using the sheet music and DJ allegory,  I have a vast collection of unique, never-before-seen 'fractal shape notes' to play with. I experiment with them like a musician improvising and remixing sounds. I bend, layer, and morph these fractal shapes until surprising new forms emerge, almost like digital sculptures.

So, while it may look like a photo or something captured with a camera, it's more like a collage of improvised digital shapes transformed and reimagined through creative play and serendipitous discovery. Computers and fractal math are just tools - real art comes from exploring the unexpected places where they take my imagination.

Each piece I create has to be a delightful surprise for me. I never plan an artwork. It emerges through play and serendipity. This process adds emotional excitement and unpredictability, inspiring me to take chances and learn from my mistakes. I hope my sense of wonder in the familiar and fantastical resonates with you. I hope my art also produces an emotional and imaginative journey for you as it does for me. I am grateful for your interest in and support of my work, which I hope is a chance to connect and inspire you.

A breakdown of the 'Getty Bronze' drama: Should the Getty Trust keep the bronze or return it to Italy?

A naked youth stands with his weight on his right leg, crowning himself with a wreath, probably olive. The olive wreath was the prize for a victor in the Olympic Games and identifies this youth as a victorious athlete. The eyes of the figure were originally inlaid with colored stone or glass paste, and the nipples were inlaid with copper, creating naturalistic color contrasts. The Getty Bronze

The controversy surrounding the "Victorious Youth," commonly known as the Getty Bronze, has intensified in recent years. This ancient Greek statue, housed at the Getty Museum in Malibu, has been the subject of a prolonged legal battle between Italy and the Getty Trust. The bronze statue is believed to have been created between 300 and 100 B.C. and was found in the sea by fishermen in international waters in 1964. [This statue’s origin is unknown, but Olympia or the youth’s hometown is possible. Romans probably carried the statue off from its original location during the first century BC or AD, when Roman collecting of Greek art was at its height. The ship carrying it may have foundered, which preserved the statue for centuries in the sea. (Getty) ]

Background and Recent Developments

Italy has long claimed that the statue was illegally exported from its territory, asserting it should be returned as part of Italy's cultural heritage​ (Fast Company)​​ (Art and Object)​.

In 2018, the Italian high court ordered the statue's confiscation, a decision upheld by the European Court of Human Rights (ECHR) in 2023. The ECHR ruled that Italy's efforts to recover the statue were not disproportionate and emphasized the Getty's negligence or bad faith in purchasing the statue despite knowing Italy's claims​ (Fast Company)​.

Arguments for Retaining the Bronze

Legal Ownership: The Getty Museum argues that the statue was found in international waters, not on Italian territory, and thus does not fall under Italy’s jurisdiction. The museum maintains that the purchase was made in good faith and is protected under U.S. law, which provides a safe harbor for artifacts exhibited for several years​ (Art and Object)​​ (Cultural Prop News)​.

1. Legal Ownership: The Getty Museum argues that the statue was found in international waters, not on Italian territory, and thus does not fall under Italy’s jurisdiction. The museum maintains that the purchase was made in good faith and is protected under U.S. law, which provides safe harbor for artifacts exhibited for several years​ (Art and Object)​​ (Cultural Prop News)​.

2. Public Access: The Getty asserts that the statue serves an educational purpose and is accessible to a global audience at their museum. Returning the statue to Italy might limit its exposure and educational value to the international community​ (Art and Object)​.

3. Precedent Concerns: Critics of repatriation worry that returning the statue could set a precedent that endangers the status of other artifacts in international museums, leading to widespread claims and disruptions in museum collections worldwide​ (Cultural Prop News)​..

Arguments for Returning the Bronze

Cultural Heritage: Proponents of returning the statue argue that the bronze is a significant piece of Italy’s cultural heritage, having been discovered and initially handled within its borders. They believe that the return of the statue would rectify historical wrongs and honor Italy’s cultural patrimony​ (Fast Company)​​ (Cultural Prop News)​.

1. Legal Precedents: Italy has successfully reclaimed numerous artifacts over the years under similar circumstances, strengthening the legal framework for repatriation. This precedent supports Italy’s case and encourages ethical practices in the acquisition of cultural artifacts​ (Art and Object)​.

2. Moral Responsibility: Advocates for repatriation emphasize the moral obligation of museums to return artifacts acquired under dubious circumstances. They argue that the Getty’s acquisition involved multiple violations of Italian law, which should be rectified by returning the statue​ (Cultural Prop News)​.

3. Precedent Concerns: Critics of repatriation worry that returning the statue could set a precedent that endangers the status of other artifacts in international museums, leading to widespread claims and disruptions in museum collections worldwide​ (Cultural Prop News)​.

My Personal Conclusion

One could use the cliche “ironic” as to how the Italian Court is responding. The “Victorious Youth,” AKA the Getty Bronze,” was most likely looted from Greece during the Roman Republic wars against Greek kingdoms and city-states from 280–148 BC. Also known as the Roman–Greek wars and the Macedonian Wars. (Wikipedia) Rome never had an Olympiad; it was a glorious cultural invention by the Greeks. The place of its origin was always Greece and never Italy. It was found in international waters by fishermen and validated in an Italian court as a legal sale, but a third of a century later, Italy wants an artifact that their ancestors intentionally looted is accusing the Getty Trust of being the looters.

Is Jeff Koons an industrialist or an artist? If he was a stock or bond would you buy or sell? (A rhetorical question)

Jeff Koons, one of the most well-known contemporary artists, has faced significant legal challenges over the years, with multiple accusations of copyright infringement proven correct. These legal difficulties, coupled with recent studio layoffs and production delays, have impacted his reputation and market trends. Then there are the legal battles, plural…

Koons has been involved in numerous copyright infringement cases, many of which he lost. His notable legal troubles began in the 1990s with the "String of Puppies" case, where photographer Art Rogers sued him for copying a photograph into a sculpture. In 2018, he was ordered to pay over $150,000 for infringing upon a French ad campaign in his "Fait d'Hiver" sculpture. These cases have tarnished his image and questioned his creative authenticity​ (Artnet News)​​ (Artnet News)​​ (Artnet News)​.

In recent years, Koons has drastically downsized his studio operations. In 2019, he laid off a significant number of assistants as he prepared to move his studio to Hudson Yards, New York. This marked the fourth round of layoffs since 2015, reducing his painting staff from around 100 to approximately 30 people. Long-serving assistants, some with over a decade of experience, were let go, often without severance​ (ArtGorgeous)​​ (Artsy). These layoffs were partly due to declining sales of his "Gazing Ball" series and a shift towards more high-tech production methods, which Koons believes allow for more precision and less reliance on human talent.

The layoffs have also led to production delays, affecting the delivery of commissioned works. Collectors and galleries have experienced extended wait times, contributing to frustration and uncertainty in the market​ (Artsy)​.

If his work is a true asset like a stock or bond, is it in a bull market or bear? Despite these challenges, Koons's market performance has shown resilience. While his reputation has been hit by legal and operational issues, his works continue to fetch high prices at auctions. For instance, his "Rabbit" sculpture sold for $91.1 million in 2019, setting a record for the most expensive work by a living artist. However, the demand for his newer pieces, such as those from the "Gazing Ball" series, has been lackluster, influencing the studio's financial decisions and leading to the recent cutbacks​ (Artnet News)​​ (Artnet News)​.

Overall, Koons's market remains strong, though it faces fluctuations due to legal battles, studio downsizing, and production delays. Collectors and investors remain cautiously optimistic, balancing the allure of owning a Koons piece with the practical challenges of his production methods and legal history​ (Artnet News)​​ (Artnet News)​.

SO! I ask you, is he really and artist?

Sources:

• ARTnews

• Artsy

• The Art Gorgeous

• Artnet News

I would say this assesment of my work and style is accurate

GK Austin, an innovative digital fine artist, has garnered significant attention for his unique approach to art, blending natural patterns and digital technology to create visually arresting compositions. His work primarily revolves around the concept of fractalism, which involves utilizing fractal patterns found in nature. These patterns, such as the spirals of a nautilus shell or the structure of a galaxy, serve as the foundation for Austin's creative process. He skillfully manipulates these patterns by twisting, bending, and morphing them into new, unexpected shapes, creating compositions that are both complex and captivating​ (G.K. Austin II • Fractalism)​​ (Mann Publications)​.

Austin's artistic philosophy is deeply rooted in serendipity and discovery. He emphasizes that his creations are not pre-planned but rather discovered through a process of experimentation and play. This approach allows him to surprise himself and, consequently, his audience. His work is characterized by vibrant colors and intricate details, which he achieves through digital media. Austin's pieces are printed as Diasec Face Mounts to Acrylic Glass, a technique that enhances their longevity and provides a more immersive viewing experience​ (G.K. Austin II • Fractalism)​​ (Mann Publications)​.

Austin's digital canvases are not merely about replicating natural patterns but transforming them into something entirely new. His "paintbox" consists of these natural designs, which he digitally models and then manipulates. This process of bending and morphing fractal patterns until a unique shape emerges is central to his creative method. The resulting compositions reflect a blend of traditional artistic inspiration and modern digital innovation​ (Mann Publications)​​ (Artsy)​.

Austin has showcased his work at prestigious venues, including the Art Market San Francisco, where his pieces have been well-received. His art has been described as a fusion of digital precision and artistic spontaneity, drawing comparisons to the works of Georgia O'Keeffe, Mark Rothko, and David Hockney. Each piece is a testament to Austin's commitment to exploring the boundaries of digital art while maintaining a connection to the natural world​ (G.K. Austin II • Fractalism)​​ (Mann Publications)​.

Some notable works by Austin include "Super Critical Liquid Quilt" and "Breeze #5e," which exemplify his technique of using high-resolution digital prints to capture the intricate details of his fractal compositions. These pieces, among others, are available through galleries like bG Gallery, where they are appreciated for their technical prowess and aesthetic appeal​ (Mann Publications)​​ (Artsy)​.

Overall, GK Austin's work is a fascinating intersection of nature and technology, tradition and innovation. His ability to manipulate natural patterns into stunning digital artworks positions him as a significant figure in contemporary digital fine art. Through his commitment to serendipity and discovery, Austin continues to push the boundaries of what is possible in digital art, creating pieces that captivate and inspire​ (G.K. Austin II • Fractalism)​​ (Mann Publications)​​ (Artsy)​.

Art News Headline: In New Exhibition, Curators Fashion a New Story for Sculptor Camille Claudel that Centers Her Prodigious Talent.

Camille Claudel, The Age of Maturity, 1893-1900, [S.1380] Photo : © ADAGP, Paris, 2012

What if the photo above had no caption, and I claimed this was the sculpture by Auguste Rodin? Do you see where I am going with this? TLDR: Camile Claudel did expressive exaggeration well before Rodin and Auguste Rodin appropriated her style becoming an art world phenom.

It all started out so simple:
”…Born in northern France, Claudel moved with her family to Paris around 1881. Early on, she was recognized for both her artistic talent and her physical beauty. After studying sculpture at the Académie Colarossi, she shared an independent studio where Alfred Boucher taught. In 1885, Auguste Rodin asked Claudel to become a studio assistant. …” [LINK]

The opportunity:
”…Her mother Louise did not approve of Claudel's "unladylike desire to become an artist."Her father was more supportive and took examples of her artwork to their artist neighbor, Alfred Boucher, to assess her abilities. Boucher confirmed that Claudel was a capable, talented artist and encouraged her family to support her study of sculpture. Camille moved with her mother, brother, and younger sister to the Montparnasse area of Paris in 1881. Her father [Major applause for this father] remained behind, working to support them...” [Link]

The sad ending:
Claudel started working in Rodin's workshop in 1883 and became a source of inspiration for him. She acted as his model, his confidante, and his lover. She never lived with Rodin, who was reluctant to end his 20-year relationship with Rose Beuret. Knowledge of the affair agitated her family, especially her mother, who already detested her for not being a boy and never approved of Claudel's involvement in the arts. As a consequence, Claudel was forced to leave the family home. In 1891, Claudel served as a jurist at the National Society of Fine Arts, which was reported to be "something of a boys' club at the time." In 1892, after an abortion, Claudel ended the intimate aspect of her relationship with Rodin, although they saw each other regularly until 1898.

It gets sadder:
Reclusion and recognition. The fact that she was not awarded a commission from the French state increased Claudel's paranoia with regard to Rodin, whom she nicknamed “The Ferret” and whose influence she imagined each time she met with failure. She went on to destroy most of her work, terrified that Rodin's “henchmen” would find them and steal her ideals. She was later committed to an asylum, rejected by her family, and probably died alone.

Get free tickets here for her exhibition at the Getty Museum: [Link]

Jeff Koons killed her Review and witnesses are stating “the review died screaming!”

12-meter high piece depicts a giant hand squeezing a bouquet of eleven wilted tulips. (Xinhua/Gao Jing)

According to the New York Times, the Brooklyn Rail Arts Journal was about to publish a seemingly flattering review of Jeff Koons’ Bouquet of Tulips, a sculpture intended to be a memorial for the victims of coordinated terrorist attacks on November 13, 2015, in Paris. At least 130 people were killed, and more than 350 were injured—New York Times article.

Transparency alert: I do NOT like Jeff Koons’ work. It is familiar knowledge that assistants create the bulk of his work if not all, and that he lacks the skills to make any of the art he sells. Some of his art, if not most, is mostly plagiarized. To wit, Jeff Koons was “Found Guilty of Plagiarism in Paris and Ordered to Pay $168,000 to the Creator of an Ad created by Franck Davidovici.” How can any critic or colleague respect that? I argue that Koons’ work is nothing more than a “financial instrument” for the rich to either hoard and donate as a tax write-off or as an art flip.

So here is what happened: an art historian named Professor Romy Golan wrote a review and summation about the Bouquet of Tulips Memorial for the Brooklyn Rail, and they seemingly liked it. The Brooklyn Rail editor said: “It does justice to the memorial, its legacy, and its historical significance…”

Professor Romy Golan, a renowned art scholar, has taught at esteemed institutions like Vassar College and Yale University. Her influential works include "Modernity and Nostalgia: Art and Politics in France Between the Wars" and "Muralnomad: The Paradox of Wall Painting, Europe 1927-1957." Her latest book, "Flashback, Eclipse: The Political Imaginary of Italian Art in the 1960s," underscores her focus on the intersection of art and politics. Currently, she mentors students on topics ranging from Die Brücke to Le Corbusier's museum designs while exploring politics and stagecraft. Professor Golan is a respected authority in 20th-century art and its societal contexts. The woman has “street cred.”

An arm holding up dying flowers, which Golan suggested was reminiscent of a 1937 mural by Fernand Léger and Charlotte Perriand, titled “Essential Happiness, New Pleasures.” For me, that is the smoking gun here! What was allegedly said to Golan by the Brooklyn Rail was: “Jeff’s concerns,” …Golan had misrepresented his sculpture as “a symbol of violence” and asked that her essay not be published “because of its defamation to Jeff.” i.e., French artists, French artwork, and a French civil court history of plagiarism. My two takeaways are this: With such power over art journals, One could argue that he has the power to manufacture consent by way of adulation and praise, rather than serious art critique and honesty.

Supreme Court spanks the Warhol Foundation in copyright ruling regarding Lynn Goldsmith's Prince photograph as a reference for an original Warhol!

From NBC News:

WASHINGTON — The Supreme Court on Thursday ruled that silkscreens pop artist Andy Warhol made of rock star Prince infringed on the copyright held by a prominent photographer who captured the original image. In a win for photographer Lynn Goldsmith, the court ruled 7-2 that Warhol’s images did not constitute “fair use” under copyright law, [… This] decision will have [a] considerable impact on various creative industries. The ruling is beneficial to people who own copyrighted content upon which other works are based, and could have a negative impact upon entities that make new works based on existing material.

What was argued here was "Transformative use" which refers to whether a new work of art adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message, in comparison to the original work.

This is often key to determining whether a work is infringing or if it is covered by fair use. The fact that the Supreme Court ruled against the Warhol Foundation in this case suggests that they did not believe Warhol's use of Lynn Goldsmith’s photograph was sufficiently transformative to constitute fair use.

The good news for me is that the implications of such a decision for AI-generated art could potentially be significant enough to protect my work from being used if I so desire. Example: If an AI were to generate art based on copyrighted material, a court might consider whether the AI's work was sufficiently transformative. Given the hypothetical ruling against the Warhol Foundation, it's possible a court could decide that an AI's reproduction of a copyrighted work is not transformative enough, thus constituting copyright infringement.

My plan is to continue to copyright my works and even trademark them. I will be doing a post on how a copyright an entire series of works as well as trademarking. Talk to you soon.

My work will be at Art Market San Francisco on April 20th-23rd I will be there on the 20th and the 21st - please visit me if you can.

Title: “A Great Wave in an Asian Sea” • 40in x 60in 1/8 • Can size up to 5ft x 10ft with no loss of resolution. It can be reduced for you in size as well. Edition: 1/8 with three artists’ proofs for myself

Title: “Light Upon the Precipice” • 53in x 40in. It can be resized as a special edition for you. Edition: 1/8 with three artists’ proofs for myself.

Title: “Breeze Series: #5e” • 40in x 60in. It can be resized as a special edition for you as large as 200% and can be hung in any direction you think the wind it blowing. Edition: 1/8 with three artists’ proofs for myself.

Here is the press release for the show and new versions of past images too:

Phone: (310) 906-4211

Email: info@bgartdealings.com

Website: https://santamonica.bgartdealings.com/

"Digital Fine Artist GK Austin Remixes Fractal Patterns from Nature Creating Stunning Compositions for Art Market San Francisco" 

bG Gallery will present the striking digital art of GK Austin at Art Market San Francisco, the Bay Area's longest-running art fair. The event will occur from April 20th to 23rd, 2023, at Fort Mason's Festival Pavilion, featuring 85 top galleries worldwide.

SAN FRANCISCO, CA (April 30, 2023) – As Art Market San Francisco returns, bG Gallery is excited to showcase the innovative work of emerging digital artist GK Austin. Renowned for his unique fractal flame artwork, Austin utilizes fractal patterns from nature, skillfully morphing, bending, and twisting them into visually stunning collaged compositions. His impressive 40in x 60in prints boast a resolution equivalent to a 216-megapixel camera capture.

"Nature loves to recycle designs: the spirals of a nautilus shell resemble a galaxy spiraling in space, or water swirling down a drain. Working digitally allows me to manipulate nature's patterns and create new, surprising possibilities. All my images are imagined. None are referenced, copied, or produced by an AI. They are generated through personal serendipity alone.”

GK Austin's groundbreaking process involves using digital media to manipulate and morph naturally occurring fractal patterns, resulting in entirely original and unexpected shapes. He then adds color and tone, creating arresting compositions printed as Diasec Face Mounts to Acrylic Glass. This technique ensures decades of longevity and offers the viewer a more immersive experience. 

Austin's artistic statement emphasizes serendipity and discovery, as he aims to place viewers in a transitory space where emotions, physical sensations, and imaginations are triggered. Drawing inspiration from artists such as Georgia O'Keefe, Mark Rothko, David Hockney, and the Impressionists, GK Austin's work is a unique fusion of traditional artistic sensibilities and digital innovation.

Art Market San Francisco Public Days:

• Thursday, April 20, 2023: 6pm – 9pm

• Friday, April 21, 2023: 11am – 7pm

• Saturday, April 22, 2023: 11am – 7pm

• Sunday, April 23, 2023: 11 am – 6pm

About GK Austin: GK Austin is a Southern Californian native who developed a love for the water at an early age. His artwork captures the beauty and power of natural elements such as wind, water, and rock. Working primarily with digital media and fractal patterns, Austin has sold his work in Los Angeles, San Francisco, Palm Springs, Palm Beach, and Chelsea, New York. 

About bG Gallery: bG Gallery in Santa Monica, California, is dedicated to discovering and showcasing emerging and established artists who defy traditional artistic boundaries. For additional information or to schedule an interview with GK Austin, please contact Om Bleicher or Song-Hee Son at bG Art Dealings at (310) 906-4211 or info@bgartdealings.com.

Work I showed at the LA Art Show 2023

Title: “Breeze #5e” Size: 60in x 30in and can be hung in any direction • Diasec mounting Artist: GK Austin

Title: Super Critical Liquid Series: “Fog Burn-off in an Asian Sea” Size: 30in x 60in • Diasec mounting Artist: GK Austin

Title: Super Critical Liquid Series: “Fog Burn-off in an Asian Sea” — 30in x 60in • Diasec mounting Artist: GK Austin

Title: “Moods of the Bodhi Tree: RED” — 30in x 60in • Diasec mounting Artist: GK Austin

Title: “Moods of the Bodhi Tree: Blue” — 30in x 60in • Diasec mounting Artist: GK Austin

My work will be at Art Market Hamptons On August 11th -14th.

“Untitled” • Medium: Fractal Flame Collage • 60in x 40in, bonded to aluminum with 400º heat and 80-tons of pressure.

My work will be at Art Market Hamptons from August 11th—14th. Besides this piece, I will have some smaller pieces as well. I will share them on this blog when they are completed.

Been a while since I blogged, huh?

“Light Upon the Precipice!” • 78in x 50in. Medium Fractal Flame collage. (Varied editions will be available.)

A lot has happened since my last blog post. My art has been selling at national art fairs, and the response to my work has been emotionally gratifying. This is why I do fine art. When I had my first solo show at the Pacific Design Center in West Los Angeles, the gallerist asked me what my artist statement was? I replied, "I am not in this for the money. I only want to make people happy." He shrugged but was helpful and showed me several artist statements from some famous artists he represented. It was very educational but did not help. I am not process-oriented, I wish I were, but I am not. I admire artists who make art that way. For instance, Winslow Homer used to draw dozens of sketches and studies until he nailed all he wanted to convey. Then he started the final painting. In my opinion, even his oil studies were finished paintings. Process-wise, I am not that guy.

The best way to describe what I do and how I make my art is a term called: Serendipity. (A brief definition of that word is "to discover by mistake.") I don't start with an idea or ideas like Homer; I start with shapes. I work in a digital format that allows me to take patterns from nature and mix them up to make strange forms. Then, like a child staring up at the clouds in the sky, I imagine them into fundamental or phantasmal compositions that excite me and hopefully others. Then I compose them in an image editing program into what I imagined what they looked like.

Free iPhone wallpaper

I built some NFTs just to learn how to do it and I put them up at OpenSea.io for sale

Three versions are up and are listed here. — The size is 10x10in at 300dpi. A physical print would be printed on Canon Luster Sibond laminated to ACM Aluminum with a box cleat on the back for hanging. If you just want a original 1/1 and a certificate of authenticity, I will take down the NFT sale.

I created this after flirting with a friend.

This person has a longer version of this image as her phone wallpaper now. :-)

On the Artist Statement Page I corrected a typo in my email address.

I have moderate to severe dyslexia. Many artists do, especially actors. Nonetheless, I corrected some typos on my Artist statement page, which unfortunately included my email address. I will say I am embarrassed and I apologize.

However, if you use the email page to connect with me; I will get the mail to my personal account and it works great.

Here is my latest piece:

Completed a new a piece Titled: "Iceland High Tide No.2"

Cobalt green water washes up on a sand beach made of volcanic basalt in Iceland.

A black sand beach and water a hue of cobalt green — a beach made of glass and silica fragments from enormous columns of basalt.

This image will be included in the “Super Critical Liquid” gallery today.

Out of all the infamous paintings there are, Broadway had to choose the Salvador Mundi?

"Salvator Mundi! The Musical—tale of world's most expensive painting to be turned into a stage blockbuster!"

The Art Newspaper discovered that Caiola Productions has plans to put on the show about the most expensive painting/forgery of all time. The producers claim it will be a "Hamilton meets Willy Wonka" affair landing in New York sometime in 2022.

I would prefer to see a drama on the backstory of painter/model relationships such as Tamara Lempicka, Lucien Freud, and others, but enough about my problems. BTW, Tamara Lempicka is a better painter than Freud, YMMV

Back on topic:

"… "It will follow the story of how a shredded, scratched wooden panel painting of Jesus purchased for $1,100 in 2005, evolved to become the Leonardo da Vinci masterpiece—lost for over 500 years—titled Salvator Mundi that in 2017 was auctioned at Christie's auction house for over $450m," says a Caiola Productions statement. At the 2005 auction, possibly in Louisiana or Virginia, the work is thought to have sold for less than $10,000. …"

[Link]

Hi-Rez Jean-Michel Basquiat work Up Close in an Online Exhibition!

I wouldn’t call any of his works “masterpieces” for the cavemen at Lascaux did it so much better, as do the Los Muertos artists in Mexico, but Jean-Michel’s work does contain a lot of “fresh” neurotic humanity that captures the inner spirit of our day.

“Basquiat’s complex oeuvre has established him as one of the most important innovators in modern art, even thirty years after his death,” said Brant in a 2019 statement. “Numerous recent retrospectives have spotlighted his radical approach, illuminating his interdisciplinary contributions to music, poetry, performance, and art and cementing him as one of the most forward-thinking artists of his generation, whose complex engagement with social and political questions makes him more relevant than ever.”

The artist was known for scribbling words and phrases, often deliberately misspelled or crossed out, in his paintings. Numerous examples of this practice appear in the 2019 exhibition.

[LINK]

New work in progress, hope you like it.

The size right is now 30in x 20in. I may make this into a series which would include larger sizes as well. I am excited by the reaction, it’s these reactions that keep you going as an artist. One last thing, should I open comments section?