Friday, September 22, 2023

H&M files lawsuit arguing graffiti not protected by copyright law


According to The Fashion Law blog,

The retailer responded to Williams’ letter with a lawsuit, asking a federal court in Brooklyn on Friday to declare that it is not on the hook for copyright law or unfair competition because, for one thing … Williams’ work “was unauthorized and constitutes vandalism,” and is, thereby, not protected by copyright law.

This case will be very interesting to watch, if it doesn’t settle and goes all the way.

UPDATED (March 15, 2018): According to a statement from H&M, “H&M respects the creativity and uniqueness of artists, no matter the medium. We should have acted differently in our approach to this matter. It was never our intention to set a precedent concerning public art or to influence the debate on the legality of street art.  As a result, we are withdrawing the complaint filed in court. We are currently reaching out directly to the artist in question to come up with a solution. We thank everyone for their comments and concerns, as always, all voices matter to us.”


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