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5 May 2017Copyright

Street artist takes on British Airways in mural copyright dispute

A German-born street artist has taken on British Airways (BA) after the airline posted a billboard in Shoreditch, London featuring street art.

Claudia Walde, also known as MadC, has claimed her “Chance Street Mural” was used without her permission in the billboard.

Painted in 2013, the mural covers a two-storey building and features a colourful abstract design.

She’s instructed a lawyer in Paris to deal with the alleged infringement.

“I paint several murals every year and am exhibited in galleries around the globe. I make a living of my art, so of course I need to be paid for my work,” said MadC.

She added that in this case, payment isn’t the primary reason for taking legal action against the airline.

“If I let companies use my work without permission their clients might think I agree with their products or services. But this might not be the case and my personal opinions might be different from the brands and my reputation might be damaged,” she said.

​A BA spokesperson said: “We were pleased to display some images from Shoreditch ​​as part of a recent campaign. ​We’re glad Clear Channel is working to resolve this issue.”

Clear Channel, the creator of the advert, said it had licensed a number of images for use in the campaign.

“All the images used in the campaign were procured in good faith from reputable image libraries, and we are therefore surprised that such images may have contained the works of a number of artists without their consent,” it said.

Clear Channel invited the artists in question to contact it directly to resolve this matter.

Matt Jones, partner at EIP, said: “Organisations must be very careful when using potentially copyrighted work. In some cases, incidental inclusion can take place, and in that case the person who included the work may have a defence. However in this case, it looks like BA deliberately used the work as part of its advertising campaign.”

He added that if an organisation wants to use someone else’s work, it must first ask permission, but this can be difficult when it comes to copyright as there’s no official register to check.

“Those considering using third-party work should err on the side of caution and make enquires to seek the copyright owner’s permission,” added Jones.

In April, WIPR reported that a group of Brooklyn-based street artists had threatened McDonald’s with legal action.

They claimed that the fast-food chain had used murals without permission in a Dutch advertising campaign, to promote its “New York Bagel Supreme” burger.

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21 April 2017   A group of Brooklyn-based street artists has threatened McDonald’s with legal action, alleging that the fast-food chain used its murals without permission in a Dutch advertising campaign.