Oakley Denies Validity of Graffiti Copyright

Calling artist-duo’s works unoriginal and “generic.”

By
Arts
10,099 Hypes 8 Comments

Graffiti artists Donald “KEPTIONE” Robbins and Noah “DJ RAKUS” Daar have filed a lawsuit against Oakley for using the artists’ work in campaign materials without the artists’ knowledge or consent.

The murals in question were painted by the artists in 2015 in San Francisco as part of a curated global art project, Meeting of Styles, and feature the artists’ stylized signatures. The murals were subsequently reproduced inside Oakley retail stores, on shelving and product displays as well as in consumer advertising materials and product catalogs, superimposing the Oakley brand logo on the imagery. The lawsuit, filed by attorney Jeff Gluck on June 9, 2018, states the exploitation of the work is outrageous and “damaging in that the Artists have carefully avoided any association with corporate culture and mass-market consumerism.”

In response to the initial complaints, Luxottica’s counsel, on behalf of Oakley, acknowledged the use of the work but has discredited the validity of the copyright claim on the basis that the work lacks creativity.

“As you are aware, copyright protection subsists only in original works of authorship, and for a work of authorship to be original, it must possess at least some modicum of creativity. Because your client’s generic, graffiti-style markings fail to meet this minimum threshold, they are not eligible for copyright protection, and cannot be infringed,” reads a letter issued by Luxottica’s assistant general counsel.

This new lawsuit is the latest in a series of cases involving retail giants’ denying artists’ ownership of graffiti artworks. This past March, H&M was under fire for issuing a lawsuit against street artist Jason “REVOK” Williams. Stay tuned for updates on the lawsuit and let us know your thoughts.

Read Full Article

What to Read Next

Steph Curry Addresses All the Haters in New Under Armour Commercial
Sports

Steph Curry Addresses All the Haters in New Under Armour Commercial

For all those who dislike Curry’s shimmy and mouthguard biting habits.

21 Savage Involved in Heated Skirmish at Atlanta Pool Party
Music

21 Savage Involved in Heated Skirmish at Atlanta Pool Party

Reportedly flashing a firearm.

New 'Rage 2' Trailer Highlights Gameplay and New Features
Entertainment

New 'Rage 2' Trailer Highlights Gameplay and New Features

A Collector’s Edition comes with a talking mutant head.


Drake Adds 11 More Dates to 'Aubrey and the Three Migos' Joint Tour With Migos
Music

Drake Adds 11 More Dates to 'Aubrey and the Three Migos' Joint Tour With Migos

Get all the details here.

Raf Simons Curates Calvin Klein's First-Ever Installation at Design Miami 2018
Design

Raf Simons Curates Calvin Klein's First-Ever Installation at Design Miami 2018

Cassina Feltri Armchairs set against an American barn.

Lil Pump Talks School, Stage Jumping and Coloring Books With Nardwuar
Music

Lil Pump Talks School, Stage Jumping and Coloring Books With Nardwuar

“This is good because I can barely read, so I like looking at pictures better you know?”

More ▾
 
Subscribe to our Newsletter

Gain access to exclusive interviews with industry creatives, think pieces, trend forecasts, guides and more.

By subscribing, you agree to our Terms of Use and Privacy Policy.

Help us serve you better

We appreciate your support in allowing HYPEBEAST ads, where we can share contents from the latest fashion, to those culturally relevant. In adding HYPEBEAST to your ad blocker's whitelist, ads on our sites will show while you continue to browse.

Help Support Us

We need ads to keep the lights on and to continue providing free news to our readers. We’d appreciate your support by whitelisting HYPEBEAST on your ad blocker. That way you can keep reading all the great stories for free.

If you have already whitelisted us, simply refresh this page. To find out how to whitelist us, click the button below.

Back

Add Us to Whitelist

We appreciate your support in allowing HYPEBEAST ads. Most ad blockers have similar whitelisting steps and settings. If you need assistance, please contact us.

Adblock Plus

  1. Click on the red ABP icon in the upper right corner of your browser.
  2. Click “Enabled on this site” to disable ad blocking for the current site. In Firefox click “disable on HYPEBEAST”.
  3. Refresh the HYPEBEAST page that you were viewing.

Adblock

  1. Click the AdBlock hand icon.
  2. Click “Don’t run on pages on this domain”.
  3. A new “Don’t run AdBlock on…” dialog may be displayed in the middle of the screen.
  4. Move the “Site” slider to the right. After that, click “Exclude”.
  5. Refresh the HYPEBEAST page that you were viewing.

uBlock

  1. Click the uBlock icon.
  2. Click the large blue “power” button in the menu that appears to whitelist the current website.
  3. Reload the HYPEBEAST page that you were viewing.

Firefox Browser

Firefox Tracking Protection may activate our whitelist notice, which can be disabled temporarily for a browsing session by clicking the shield icon in the URL bar and following the instructions.

Disconnect

  1. Click the Disconnect icon.
  2. Click “Whitelist site”.
  3. Refresh the HYPEBEAST page that you were viewing.