The viral banana duct taped to the wall is back in the limelight again as the artist, Maurizio Cattelan is being accused of copyright infringement by another artist Joe Morford.
The banana taped to the wall titled “Comedian” gained a lot of attention and internet fame, it was also sold for more than $390,000. Morford alleges that “Comedian” is substantially similar to his work “Banana and Orange”, which is a banana and orange duct taped to a green background. “Banana and Orange” has received copyright protection as it qualifies the minimum degree of creativity that is required for it to be deemed original.
The similarity between the works lies in the way the fruit is affixed to the background, with a piece of duct tape running from left to right at an angle. Morford used fake fruits and a green background, while Cattelan used a real banana (which was eaten by a performance artist and eventually replaced) and a white background.
Morford asked the court for over $390,000 in damages as it is the amount Cattelan made from sales of the impugned artwork. Morford also claims that Cattelan had access to see his work as it was widely available on the internet.
He further avers that he does not claim the idea of duct taping a banana to a wall, but states that infringing on his expression is a copyright infringement. In May, Cattelan’s lawyers filed a motion to dismiss the case stating reasons that copyright ownership cannot be given to items like duct tape and fruit nor to a mere combination of both, but this motion was denied.
The case also brings up a question of what is to be considered as artistic work. Art is often an embodiment of human creativity, but the more important aspect is the feeling and emotion that one feels while looking at an artistic piece. Thus, a banana taped to a wall can be considered a work of art as it evoked some type of emotion and awe in people, who often lined up by the hundreds to view it.