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19 March 2018Copyright

H&M withdraws complaint against graffiti artist

Retailer H&M has announced the withdrawal of its complaint against a graffiti artist out of respect for the “creativity and uniqueness of artists”.

Last week, WIPR reported that H&M had filed a complaint for declaratory judgment after graffiti artist Jason Williams (known as Revok) threatened the retailer with litigation and demanded compensation.

Williams claimed the retailer had used his artwork in a marketing campaign without his permission.

In response, H&M filed a claim on March 9 at the US District Court for the Eastern District of New York, in which it alleged that Williams “does not own or possess any copyright rights in certain graffiti that was painted on New York City property without the permission of the city of New York”.

The retailer claimed that Williams’ graffiti was unauthorised and was an act of vandalism. H&M sought a declaration that its use of the graffiti doesn’t constitute unfair competition or negligence.

However, the retailer appears to have back-peddled, announcing on Twitter that it has decided to withdraw its complaint. In its statement, posted on Thursday, March 15, H&M said that it respects the “creativity and uniqueness of artists, no matter the medium”.

The retailer said: “We should have acted differently in our approach to this matter. It was never our intention to set a precedent concerning public art or to influence the debate on the legality of street art. As a result, we are withdrawing the complaint filed in court.”

H&M received backlash from the art community after filing its complaint, with many artists taking to social media to express their opinions.

Some described H&M’s actions as a “threat” and “assault” on artists’ rights. A letter from the art community has since circulated on social media stating that the retailer’s actions “could render millions of murals and important pieces of artwork worldwide completely unprotected and available for corporate use, without any payment or permission need whatsoever”.

Seemingly taking on board the public response, H&M concluded: “We are currently reaching out directly to the artist in question to come up with a solution. We thank you for your comments and concerns, as always, your voice matters to us.”

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More on this story

Copyright
12 March 2018   Clothing retailer H&M has filed a complaint for declaratory judgment after being threatened with legal action over its use of graffiti art in a marketing campaign.
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