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Kapoor v. National Rifle Association of America
A recent clash between the National Rifle Association of America (NRA) and Sir Anish Kapoor (Kapoor), a decorated visual artist, has many wondering just how far the rights of a copyright owner can extend when an artistic work is prominently and publically displayed and inextricable from photographs of a city's public spaces. When the NRA incorporated a photograph of Kapoor's publically displayed sculpture into a promotional video used to solicit contributions, Kapoor, who disagrees with the NRA's mission and message, forcefully expressed his displeasure. See, Eileen Kinsella, The NRA Used Anish Kapoor's Most Famous Work in a Political Ad. Now the Artist is Blasting Back, artnet News, March 12, 2018 (http://bit.ly/2RF3DPB). Kapoor alerted the NRA that he considered its use of his work objectionable, and an infringement of his rights. Initially relying on its First Amendment right to free speech, the NRA declined to remove what it described as a “fleeting” and de minimis display of Kapoor's work from the advertisement, which was reproduced, displayed, and further disseminated online.
In response, Kapoor sued the NRA for copyright infringement for the unauthorized use of his work. See, Kapoor v. Nat'l Rifle Ass'n of Am., Dkt. No. 18-c-4252 (N.D. Ill. Oct. 23, 2018). Alleging that the NRA had acted willfully, Kapoor requested an injunction; actual damages; statutory damages of $150,000 per infringement; as well as litigation expenses, costs, and attorneys' fees. In December, 2018, the parties settled, with the NRA removing the image of Kapoor's work from its video.
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