2024-02-12 10:29:10
From the metaverse to the courts. Cinco paintings of MiróBarceló and Tàpies and the NFT that from them commissioned Mango from crypto artists On the occasion of the opening of their store in New York, they star in a dispute between Vegap (Visual Plastic Artists Management Entity) and the well-known fashion company, which is the owner of those sought-after original pieces. After a sentence of the Commercial Court 9 of Barcelona, which allows the textile group to transform these works of art, and even considers that in this way he has “valued” them and “made them known to a larger public”the entity that manages the rights of creators has already announced that it will appeal before the Provincial Court of Barcelona.
The originals of Miró, Barceló and Tàpies and the NFTs created from them They were shown to the public in May 2022when Mango He opened his store on Fifth Avenue in New York. Those digital versionsin which the firm’s models were introduced, were also displayed on the OpenSea platform and on Decentraland’s Museum District metaverse.
Legal violations, according to Vegap
That use of paintings of the artists mentioned It was, for Vegap, an infringement of intellectual property rightsas well as the assets and morals of the three creatorsso on July 29 of that year he filed a lawsuit against Mango, demanding compensation of 1.37 million euros.
But the magistrate of the Commercial Court 9in his recent ruling, considered that Mango “acted with absolute respect to the prestige of the three authors and the integrity of their five works.” It also recognizes “the right of public exhibition held by the owner of the physical support of the plastic works of art, in any of the modalities in which it was exercised.” The works that are the subject of this litigation and that were reinterpreted are Bird flying towards the sun y Head and Birdby Miró, Eyes and Cross y Scribbled of Tàpies and Dilatation from Barceló.
According to the judge, Mango (or its proprietary company, Punto Fa SL) made “fair, legitimate and harmless use” of the creations of Barceló, Miró and Tàpies, without causing any harm to the authors, “quite the opposite, since With this he has put into value and has made known to a larger audience (both American and universal, through the metaverso) some works thatalthough deformed, most likely they would not have had a diffusion like the one they had following this inaugural event.
His claim was dismissed and he was ordered to pay the costs., Vegap has already announced that will “immediately” file an appeal of appeal before the Provincial Court of Barcelona against the ruling of the Commercial Court 9.
For Vegap, “the court ruling contravenes the Intellectual Property Law by invoking North American legal figures that are not accepted either in European Union law or in Spanish law. The Law does not protect parasitism, nor the illicit use of the efforts of others.” . The plaintiff refers to the application of the doctrine of fair use o fair dealwhich allows judges to decide whether the unauthorized use that has been made of a protected work is fair or not, and that the judge has applied.
“Vegap has no alternative but to appeal this ruling. It is necessary to restore legal protection, not only for the affected artists, but also for everyone else. It is necessary protect artists from abuse of law”the entity has communicated.
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