Early this year, Swiss artist Adrian Falkner, popularly known as SMASH 137 sued General Motors over copyright infringement sequel to the use of the plaintiff commissioned Detroit murals in a Cadillac XT5 advertisement launched in 2016.
The plaintiff argues that the advert was a campaign tagged “Art of the Drive” which featured the XT5 crossover vehicle parked beside Falkner’s mural. The plaintiff alleges that the defendants deliberately hid his signature by capturing the car in a different angle to cut off the plaintiff signature.
In reaction to the suit, General Motors claims that the artwork qualifies under the Architectural Work exception in U.S. law that allows photographers to snap pictures of monumental structures such as the Washington Monument, Seattle Space Needle, and the Empire State Building in New York City among others. The defendant further claim that the work cannot be credited to the plaintiff because it’s an ordinary parking garage in downtown Detroit.
An opposition motion has been filed last week by Falkner before a federal court judge in California seeking compensation for unauthorized use of his work on the advert.
Case Name: Adrian Falkner v. General Motors Company et al
|Court: California Central District Court|
|Judge:||Stephen V Wilson|
|Referred:||Jean P Rosenbluth|
|Nature of Suit:||Copyrights|
|Case Filed:||January 22, 2018|