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General Motors is facing a lawsuit from Swiss artist Adrian Falkner, also known as Smash 137, over the unauthorized use of his graffiti art in a Cadillac advertising campaign. Falkner, based in Los Angeles, claims that GM infringed on his copyright by using his mural without permission.
Four years ago, Falkner was hired to create a mural on an outdoor elevator shed of a 10-story parking garage in Detroit owned by businessman Dan Gilbert. This garage is notable not just for its functionality, but also as a public art venue, showcasing works from around two dozen graffiti artists. Falkner’s mural is prominently displayed on the garage’s roof, making it easily visible from nearby buildings and streets, and surrounded by views of the Detroit skyline.
According to court documents, a freelance photographer working for GM selected Falkner’s mural as the backdrop for the “Art of the Drive” campaign due to its visibility and artistic appeal. After GM shared campaign photos featuring the mural on its social media platforms, Falkner opted to take legal action, filing a lawsuit in Federal District Court in Los Angeles, as reported by The New York Times.
The newspaper also highlighted that federal copyright law offers protection to many forms of graffiti. Although not all street art may qualify, original works that exist in a tangible medium of expression generally enjoy copyright protection. Courts have only recently begun to grapple with the complexities of categorizing commissioned versus unauthorized graffiti, leaving it to the court to determine whether Falkner’s mural qualifies for protection under copyright law.
A hearing to discuss the case is set for July 23..
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