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'Banana' Artwork Dispute Presents Slippery Slope for Copyright
In July 2022, the U.S. District Court for the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, 21-20039, a decision that began by posing the question: "Can a banana taped to a wall be art?" At issue in the case was a claim by artist Joe Morford that his sculptural diptych, "Banana & Orange," allegedly created in 2000, was infringed by a work titled "Comedian" by internationally famous artist Maurizio Cattelan. Both works prominently feature a banana affixed to a wall with silver duct tape, though Morford's banana is plastic and Cattelan's is overripe:
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