General Motors was served a lawsuit from Swiss artist Adrian Falkner after he alleged the automaker used one of his Detroit murals without knowledge or consent in a Cadillac XT5 advertisement.
Automotive News reported on Thursday that the “Art of the Drive” campaign, which featured the XT5 crossover, highlights Falkner’s mural and is the “only creative element dressing the car,” according to the suit.
Cadillac launched the ad campaign in the fall of 2016 and the images appeared on the brand’s Instagram account, Facebook page and Twitter account. Falkner’s lawsuit goes further and said GM intentionally hid his signature by photographing the car and mural from a deliberate angle.
Cadillac, GM and Falkner did not comment on the pending litigation.
Falkner hasn’t named potentially damages but requested accounting of all money earned from the campaign.
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Comments
Hope this gets tossed out of court and they don’t settle. I don’t know about prior case law, but it seems sensible that an outdoor mural is firmly in the public space and not liable to any required consent from the artist. The architect of the Wurlitzer Building in the picture has no right to sue, neither should a mural’s artist.
As a professional photographer I know that if in a public place all is fair game.
Too bad the moron placed his artwork in the field of view of people standing on public roads. Google Streetview and others settled this case already.
I imagine the artist know this will never win, but it will put his name out there. Albeit in a negative light, but is any publicity bad?
I just hope they don’t waste too much of the courts or time, for such a ridiculous lawsuit.
Looks like graffiti to me.
The ‘artist’ should be happy that his chicken scratchings helped complement a beautiful luxury automobile.
I don’t think it’s the artist but his lawyer looking at deep pockets. File and settle. Die cash without a trial. I wish they change the rules where you file stupid suits the lawyer and the plaintiff pay for the defendant cost and legal fees.