Mercedes-Benz sues four artists whose murals appeared in its Instagram posts.

ORIGINAL ARTICLE BY ARTSY.NET

Mercedes-Benz USA is suing the artists┬áDaniel Bombardier (Enjoy Denial), Maxx Gramajo, James “Dabls” Lewis, and┬áJeff Soto, whose murals appeared in photographs the company posted on Instagram in 2018. The company claims the artists have threatened to sue for copyright infringement, and are seeking a judgeÔÇÖs ruling asserting that the images do not constitute infringement.

The legal action revolves around photos posted on Mercedes-BenzÔÇÖs Instagram profile in January 2018 (that have since been deleted) promoting the automakerÔÇÖs luxury sports utility vehicle, the Mercedes G 500. The images were shot in DetroitÔÇÖs Eastern Market, which has become widely known for its Murals in the Market initiative, and where the defendants all had murals. In its lawsuit, Mercedes-Benz, which had obtained permits for the shoot, claimed that its images ÔÇ£fundamentally transformed the visual aesthetic and meaningÔÇØ of the murals.

ÔÇ£We attempted to discuss the matter with [Mercedes-Benz], but instead, they sued us claiming they did not violate any copyright laws and are asking the court to rule that we have no rights against them,ÔÇØ Jeff Soto said in a statement sent to┬áArtsy. SotoÔÇÖs collaborative mural with Maxx Gramajo appeared in the Mercedes-Benz photos.

Jeff Gluck, an attorney for the artists, says a ruling in favor of Mercedes-Benz could dissuade artists from creating public murals for fear that theyÔÇÖll have no control over their use in advertising. Gluck told┬áArtsy:

These lawsuits dangerously move the needle towards eroding artistsÔÇÖ rights and in consequence, could strip away protection for so many amazing and important works. […] If courts were to agree with Mercedes, and companies no longer needed permission to use murals in advertising, then maybe artists would hesitate before creating works of art in outdoor spaces.

The case echoes a┬álawsuit filed last year┬áinvolving General Motors and the Swiss graffiti artist┬áAdrian Falkner┬á(whose tag is ÔÇ£SMASH 137ÔÇØ), which revolved around a Detroit mural that served as the backdrop for a Cadillac advertisement. In that case, in which Gluck also represented the artist, the carmaker argued FalknerÔÇÖs mural was exempted from copyright protection because it was part of a piece of architecture (an argument that┬áproved unconvincing┬áto the judge).