Adrian Falkner, a Swiss graffiti artist, has had some frustrating experiences with big companies taking his work. Clothing company H & M used one of its murals in an ad campaign. NY Times – Graffiti artist article Because Falkner did not legally create the mural, H & M took the position that he had no right to prevent copying in their ad campaign. They ended up dropping the ad campaign, and Falkner was left with nothing but frustration and wasted time trying to protect his rights. Recently, GM used one of his murals in an ad campaign. Falkner filed suit against GM in federal court in LA, and GM is fighting the case.
It is important that artists carefully study the nuances of the law, and have a clear strategy to protect their rights, lest they find themselves without compensation, and worse, footing the bill for litigation in federal court against a big company with relatively unlimited resources.
(Photo by Ehimetalor Unuabona on Unsplash)