"When artistic identity meets corporate branding, where does copyright law draw the line? In a new episode of The Briefing, Scott Hervey and Richard Buckley discuss the lawsuit filed by artist Tyrrell Winston against the New Orleans Pelicans. Winstonwhose distinctive sculptures of deflated basketballs arranged in grids have been exhibited worldwide and licensed by brands like Nike, Adidas, and even NBA teamsclaims the Pelicans copied his signature style in a social media campaign."
"His lawsuit raises a major question for artists, brands, and IP lawyers alike: Can a distinctive artistic style be protected under copyright law? The conversation compares Winston's claim to the vibe copyright case (Sydney Nicole v. Alyssa Sheil) and examines whether courts are expanding protection from expression into concepts and aesthetics. Watch this episode on YouTube or listen to this podcast episode here."
Tyrrell Winston alleges the New Orleans Pelicans copied his signature sculptural style of deflated basketballs arranged in grids in a social media campaign. Winston's sculptures have been exhibited worldwide and licensed by brands including Nike, Adidas, and NBA teams. The lawsuit asks whether a distinctive artistic style can qualify for copyright protection, potentially extending protection from specific expression to broader concepts and aesthetics. Comparisons are drawn to the vibe copyright case (Sydney Nicole v. Alyssa Sheil) as courts consider the boundary between expression and aesthetic concepts. The case has implications for artists, brands, and intellectual property law.
Read at www.theiplawblog.com
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