Relying On The De Minimis Copyright Exception, HBO Triumphs Over Graffiti “Artist”

Earlier this month, HBO won a copyright infringement case, Gayle v. Home Box Office, Inc., involving its TV series, Vinyl. One episode of the show included a scene of a woman walking down a street in New York City where she passes by a dumpster tagged with graffiti that says “art we all.” The graffiti artist, Itoffee R. Gayle, claims that this depiction violated his copyright and trademark rights. According to his complaint, HBO never tried to contact him or license the graffiti.

The court agreed with HBO that HBO did not need to try to contact Gayle and no license fee was needed because as some of us know, not all copying is unlawful.

More here.

Tags: artlaw, Copyright, de minimis, fair use, gayle v. home box office, graffiti, hbo, intellectual property, street art