- (Images: Danny Ngan with permission to CHS)
$0. Turns out, a municipality can (probably) use all sorts of characters in its civic investments.
Along with our questions about the logistics of the pavement park program, CHS asked the Seattle Department of Transportation about any licensing arrangement required for Summit at Howell at E Olive Way’s Pac-Man Park. It’s all about fair use, a spokesperson tells CHS:
SDOT worked closely with attorneys on evaluating this installation under the Fair Use Act provisions. SDOT believes that the use of the Pac Man inspired mural falls into the non-profit educational clause of the Act- particularly because this interpretation on a street is transformative and new; it captures the original use and design for an entirely different, educational, and not-for-profit purpose. Because we are not using the image for proprietary purposes, the cityâs attorneys considered this installation to be defensible.
Forgive us for being paranoid. Capitol Hill just happens to have a history of litigation related to some of its more popular examples of street art.
Meanwhile, this might be now be the closest point to the park at which to play its namesake game:
Holy shit! My PAC-MAN machine at John John's is working again! It's been broken for over a year!! I'm such a happy Crassy right now! đ
— Jeremy (@ArmOfCrass) February 6, 2017