Wade Clark Mulcahy LLP

<span>American collage artist Deborah Roberts recently filed suit against artist Lynthia Edwards, gallerist Richard Beavers, and the Richard Beavers gallery for copyright infringement. Roberts is a well-recognized visual artist, holding collections in the Whitney Museum, Los Angeles County Museum of Art, and several other galleries.</span>

<span>The complaint was filed in the United States District Court for the Eastern District of New York and states, in pertinent part, that “Ms. Roberts seeks injunctive relief and damages for, inter alia, willful copyright infringement by the Defendants… arising from Defendant’s unauthorized preparation, reproduction, public display, advertising, and public distribution of collages that are copied from and substantially and confusingly similar to several series of original Deborah Roberts collages, including, without limitation, the Roberts Collages registered in the U.S. Copyright Office….” Roberts also alleges that Edwards improperly used her “Trade Dress,” i.e., her collage-and-paint style, which has led to public confusion.</span>

<span>The litigation follows several text communications and demand letters from Roberts to Edwards and Beavers, stemming from the display of Edwards’ “infringing works” at the Richard Beavers Gallery. The Complaint alleges that “promptly after becoming aware of Defendants’ unauthorized use of the Registered Collages in the Infringing Collages, Ms. Roberts and her counsel contacted Defendants and advised Defendants that the use of any of Plaintiff’s artwork in the Infringing Collages was unauthorized.” The Complaint several other causes of action including trade dress infringement under the Lanham Act, unfair competition and dilution.  Roberts seeks damages and injunctive relief against the defendants.    </span>

<span>The Roberts lawsuit is of interest to art and specie insurers and insureds and WCM will monitor the developments in this case and its insurance and copyright implications. </span>

Thank you to Alexandra Deplas for her contribution to this post. Please contact <a href="mailto:agibbs@wcmlaw.com">Andrew Gibbs</a> with any questions.