Two sculptures and a copyright tussle

23 July 2025

Two sculptures and a copyright tussle

Credit by Ray Lonsdale/BBC

Joseph Bracewell | senior associate @ Tompkins Wake, Auckland

Two sculptures. Two locations. Two artists. And then some similarities: arms, hands clasped together, corten steel.

British sculptor Ray Lonsdale has claimed that his 13-foot-tall corten steel sculpture titled The Big Dance, which is displayed in Gretna Green, Scotland, was copied by New Zealand artist James Wright without acknowledgement. The latter’s own sculpture, titled Togetherness, is found in Clevedon, New Zealand.

In an interview with the BBC, Wright denied Lonsdale’s accusation and said the image of clasped hands is a universal symbol which no sculptor or artist can claim ownership of.

The Big Dance features an arm of a man and another of a woman with their hands joined together in a symbol of love. Since its installation in 2010, the sculpture has become a famous landmark and backdrop for wedding photos in Gretna Green, itself a sought-after venue for weddings.

“Mr. Wright is likely to be correct that the image of hands joined together is an idea common across many forms of art. However, copyright protects particular creative expressions, rather than the underlying idea,” said Joseph Bracewell, a senior associate at Tompkins Wake in Auckland.

According to Bracewell, the real test under New Zealand law is whether there is an objective similarity between the works; whether actual copying has occurred; and whether a ‘substantial part’ of the earlier work has been copied.

“Mr. Wright’s view may be relevant to whether The Big Dance is sufficiently original for copyright to subsist, and for the similarity between the works to qualify as taking of a ‘substantial part.’ If this dispute ends up in court, Mr. Wright will want to present evidence of similar creative expressions pre-dating The Big Dance, as well as evidence of his own design process and any differences between the works. Ultimately, whether or not he has infringed is a matter of applying the test to the evidence,” he added.

A letter has been sent to Wright ordering an acknowledgement of Lonsdale’s work. According to the BBC article, the British artist is currently raising funds by selling limited edition prints of The Big Dance for a potential lawsuit against Wright in case he refuses to credit Lonsdale for Togetherness.

- Espie Angelica A. de Leon


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