This week, fashion retailer H&M filed a lawsuit in Federal Court in New York, allegedly asking the court to essentially rule that any and all unsanctioned or illegal artwork, such as street art and graffiti, should be devoid of copyright protection and can be used by any brand or corporation, without any payment or even needing the artist’s permission.

This action taken by H&M is a full out assault on artists’ rights. This could render millions of murals and important pieces of artwork worldwide completely unprotected and available for corporate use, without any payment or permission needed whatsoever. 

There is still ongoing debate on whether or not unsanctioned street art is protected by U.S. copyright laws. Under existing law, a work immediately receives protection if it is an “original work of authorship fixed in any tangible medium of expression,” as stated in 17 U.S.C. § 102(a).

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Photo of Revoks illegal artwork in Brooklyn

This all began when H&M was caught using Jason “REVOK” Williams artwork in an advertising campaign without his permission. When REVOK asked them to stop, they responded by threatening him with criminal charges and filed this lawsuit declaring that all artists of unsanctioned artwork should be unprotected and have no rights whatsoever.

H&M’s legal move shows that the company plans to use artwork and appropriate urban culture to sell their products, for their own financial gains, while at the same time devaluing and delegitimizing our artwork, our culture, and everything we work for. Many artists may find their careers and livelihoods in jeopardy, and one day could possibly see their artwork plastered all over an advertisement.

Some artists have took matters into their own hands:

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The courtpapers of H&M suing Revok for PDF download here

*Update: Apparently H&M issued this statement after considerable backlash.

https://instagram.com/p/BgUwMdeHuyC/