Michael Moebius, et al. Plaintiff, v. The Individuals Corporations, Limited Liabilities Companies, Partnerships, and Unincorporated Associations, et al., No. 1:22−cv−06079 (N.D. Ill. June 6, 2023)

Artist Michael Mobius has been awarded $120 million, one of the largest monetary awards given to a living artist, due to claims of rampant copyright violations done through counterfeiting. Mobius is known for his images of Hollywood stars blowing chewing gum bubbles. Mobius claimed that the market was flooded with counterfeit versions of his work, leading to the suit against 399 companies located in various countries. The case ended when Mobius filed a motion for default judgment against three defendants who failed to appear or respond to the complaint. Nine other defendants settled. While a win for the artist, Mobius will need to continue to sue counterfeiters in subsequent, resembling a legal “whack a mole,” with the next suit planned to be filed in June. Mobius hopes his victory inspires other artists to defend their copyrights. VIEW DOCKET and FINAL ORDER. (DS)

Accent Delight International Ltd. et al v. Sotheby’s et al, No. 1:2018cv09011 (S.D.N.Y. March 1, 2021)

In this fraud-based lawsuit, Russian billionaire Dmitry Rybolovlev through the Accent Delight International company and the auction house Sotheby’s in New York City, entered mediation talks after a New York Judge dismissed most fraud-related claims in summary judgment. Rybolovlev alleges that Sotheby’s aided and abetted Swiss art dealer Yves Bouvier in the over-inflation of art prices in 16 transactions, defrauding Rybolovlev of a billion dollars. This series of sales has created eight years of international litigation. The judge dismissed eleven fraud-related claims, citing a lack of evidence. The fraud-related charges that were not dismissed include the sale of the infamous Salvator Mundi and several other works. Rybolovlev is suing Bouvier in Swiss court, while the New York suit is only against Sotheby’s. While both parties have previously stated they looked forward to a jury trial, the judge recommended that the parties enter mediation in order to avoid costly and embarrassing litigation. While there is now an opportunity for settlement, there is still the possibility of a trial, if talks fail. VIEW ORDER HERE. (DS)

Kaws, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint, Case No. 1:22-CV-06721 (S.D.N.Y. February 1, 2022)

Brian Donnelly, the artist known as KAWS, has been awarded a $3.3 million default judgment and a permanent injunction against over one hundred online parties for copyright infringement, trademark infringement, and unfair competition. KAWS’ distinct style created his international fame, resulting in lucrative brand deals and high sales, the success of which attracted infringers who made a profit based on misrepresentations that their products were legitimate KAWS works. A default judgment was entered based on KAWS’ valid copyright and trademark registrations and the lack of response from the defendants. While this is a win for KAWS, he spends $40,000 annually to identify infringement and will likely face similar issues again in the future. VIEW DOCKET and VIEW ORDER HERE. (DS)

Graham v. Prince, et al., No. 1:15-cv-10160-SHS (S.D.N.Y. May 11, 2023) 

In a recent update to the ongoing litigation, a court rejected appropriation artist Richard Prince’s fair use defense. Defendant Prince’s “New Portraits” are enlarged Instagram screenshots, reproduced on canvas, and juxtaposed against his short commentary. The original images were used without permission in “New Portraits.” The creators of the original images include plaintiff photographer Donald Graham, who brought this  lawsuit against Prince. The decision highlights the continued skepticism of courts towards “appropriation art” when it comes up against another creator’s intellectual property rights. The judge states that Prince’s work “indeed tested the boundary between appropriation art and copyright infringement.” The case is part of an ongoing conversation about how creations that borrow significantly from preexisting content should be handled under intellectual property laws. VIEW DOCKET and VIEW ORDER HERE (VT)

Galleria dell´Accademia v. GQ Italia, Condè Nast, Sentenza 1027/2023 (Tribunale Firenze, May 15, 2023) 

Michaelangelo´s masterpiece sculpture, David, has been prominently exhibited at the Galleria dell´Accademia since 1873. Despite the sculpture being in the public domain, Italian legislation permits public institutions, such as the Galleria to demand compensation for copies of significant artworks, regardless of their copyright status.  In August 2020, Italian GQ magazine featured a cover image that portrayed model Pietro Boselli superimposed onto Michaelangelo´s David, without obtaining proper authorization from the museum. The Galleria claimed that this act violated their rights protected under Article Nine of the Italian constitution, which safeguards symbols representing the nation´s cultural identity and historical heritage. The museum contended that the juxtaposition of David’s image with the model was derogatory, demeaning the artwork’s symbolic and identity value while exploiting it for advertising and editorial promotion purposes. Following a legal process that lasted three years, the Florence court issued a ruling on May 15, stating that the publisher is obligated to pay the Galleria a licensing fee of 50,000 for unauthorized usage of the image and for distorting its presentation in the magazine. Read more here.  (EN) 

USA v Bouaziz, Case No, 9:22-CR-80099, (S.D.F. June 1, 2023) 

In February 2023, Daniel Elie Bouaziz pled guilty to his scheme of selling counterfeited artworks for money laundering purposes. Based in Palm Beach, as an art dealer and owner of several art galleries in South Florida, he attempted to sell in interstate commerce fakes and forgeries, including those intentionally and falsely attributed to Andy Warhol, Liechtenstein and Basquiat, in violation to the wire fraud statute. Mr Bouaziz’ sentencing hearing was on May 30, 2023 in Fort Pierce and heard by U.S. District Judge Aileen M Cannon. Mr Bouaziz was sentenced to twenty-seven months in federal prison. He also had to pay a $15,000 fine and will be on probation for three years after his release. Since he works on a B-2 visitors’ visa, it is likely that he will be deported following his release. His restitution hearing is to take place on August 16. View Docket Here (JG)