Guess would have used Banksy's drawings without his consent
Banksy is mad at the clothing store Guess because he says, the company used his designs without asking. The graffiti artist put up a picture of a store on London's Regent Street and said shoplifters should go there. He wrote on Instagram, "They've taken my art without asking, so how can it be wrong for you to do the same to their clothes?"
Banksy's Flower Thrower graffiti and clothes with his designs were in the shop. Guess hasn't said anything. The US clothing company has been advertising a new line of clothes that has "graffiti by Banksy." The company said that the collection was made in partnership with Brandalised, which sells graffiti artists' designs under license. Guess closed the store, put security outside, and covered the window display after the artist posted a message that encouraged shoplifting, which is against the law.
Banksy's graffiti had a huge impact on popular culture
Last month, Guess's chief creative officer, Paul Marciano, said this about the collection: "Banksy's graffiti has had a huge impact that can be seen all over popular culture. "This new capsule collection with Brandalised is fashion's way of saying 'thank you.'" Copyright lawyer and founder of Virtuoso Legal Liz Ward said, "Guess seems to have gotten the Banksy artwork legally from a third party, Brandalised, which says it has the right to commercialize and use Banksy's artwork on goods." She said: "No one knows if Banksy agreed to this deal or even knew about it. If he did know about it, it's possible that his comments are part of a guerrilla marketing campaign. If he didn't know about it, he must be very upset, especially since his anti-establishment views don't fit with big companies and brands.
Banksy's representatives have so far declined to comment.
"The short answer is that Banksy should sue Brandalised or Guess for copying his work. But if she or he wants to stay anonymous, that might not be possible." She also said that copyright infringement is "extremely serious and can cause long-term commercial damage," but that it is usually a civil offense, while shoplifting is a crime. "No matter how right or wrong this is, it is wrong to encourage shoplifting in general." Representatives for Banksy declined to say anything else, and Brandalised has also said nothing. This week, Banksy won an appeal at the EU Intellectual Property Office to keep the trademark of one of his most well-known images, a monkey with a sandwich board on its head.
Selena Mattei