McDonalds might be getting its own reputation on the streets, and it may not be the good kind. For those who are loving it at McDonalds, don't worry, it's not their food that's in question, but a video they had used. It might not come as a surprise that once again, McDonalds is being accused of copyright infringement. According to the U.S. Copyright Office, infringement occurs when "copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner."[1] People may have had the chance to view the video called “McDonald presents the Vibe of Bushwick NY”; however, the video is only now available on a Facebook page.[2] Six street artists had contacted McDonalds, warning them about a potential lawsuit should McDonalds not compensate them for their work and give them profits derived from using their artwork. The artists were hired to paint the bagel sandwich in public places around the Netherlands; the video also includes many other artists who appeared on film without permission. But the six artists do not have registered copyrights of their work, which is why they are seeking actual damages, which is "calculated based on a variety of components including disgorgement of the infringer's profits, damaged to the infringed party, or damage to reputation." Had the street artists been registered, they would have been able to pursue statutory damages, which could have amounted to 150,000 per infringed work.
McDonalds was also sued by the estate of the late artist Dash Snow. Dash Snow died when he was 27, but was known for spray painting his graffiti along the Brooklyn Bridge and the High Line. Later, McDonalds used his tag, SACE, in their graffiti themed restaurants in the U.S. and in the U.K. Because Snow was known to be as an outsider with street cred, McDonald's use of his work would be an insult to what he stood for, especially since he had never allowed his work to be available in the internet or in stores.[3] When a corporation such as McDonalds then uses his work, it greatly diminishes Dash Snow's beliefs were, and his "street cred" reputation. His family has taken the case to a Californian court in order to protect Snow’s reputation.
While many people may not respect street work, it has become a creative and unique way for artists to express and brand themselves. Copyright laws protect both high quality works, and other unfavorable works, and that includes graffiti art.[4] It would be wise for McDonalds to pay closer attention to such laws in order to save face from another copyright infringement claim.
[1] Definitions, U.S. Copyright Office, https://www.copyright.gov/help/faq/faq-definitions.html
[2] Anna Louie Sussman, Six Artists Threaten McDonald's with Copyright Infringement Lawsuit, Artsy Editorial (April 19th, 2017, 11:52 PM), https://www.artsy.net/article/artsy-editorial-six-street-artists-threaten-mcdonalds-copyright-infringement-lawsuit
[3] Carey Dunne, Dash Snow’s Estate Sues McDonalds for Copyright Infringement (Oct. 5th, 2016), https://hyperallergic.com/327789/dash-snows-estate-sues-mcdonalds-copyright-infringement/
[4] Enrico Bonadio, Graffiti v. McDonalds: Why It's Time to Protect Street Artists' Original Tags, Citymetric (Oct. 13th, 2016), http://www.citymetric.com/horizons/graffiti-vs-mcdonalds-why-its-time-protect-street-artists-original-tags-2520