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ARTICLE · 31 MAY 2018

Graffiti: Does It Leave You With Unclean Hands?

There was an interesting article in the South African marketing industry publication Bizcommunity about street art.

South AfricaIntellectual Property

There was an interesting article in the South African marketing industry publication Bizcommunity about street art. The article discussed how certain big brands have been taking street art (graffiti) and using it in their marketing and branding. And they've been doing this without seeking consent from the graffiti artists. So, what IP issues arise here?

According to the article, a street artist by the name of Jason "Revok" Williams recently got into a spat with the fashion brand H&M. Williams was upset because H&M had used street art, in the form of chevrons, that he had painted on a handball court in Brooklyn, New York as part of the branding and marketing material for the New Routine sportswear brand. Williams said that this amounted to copyright infringement. He also said that the association with the New Routine brand had caused him reputational damage. H&M's response was that Williams was in no position to assert any rights because his artwork was illegal, in

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