艾未未のインスタグラム(aiww) - 7月17日 22時02分

Judgment for the Chinese artist Ai Weiwei
17-07-2019
Scandinavian Motor Co. A / S must pay for unauthorized use of artwork in an advertisement
Case number: BS-38220/2018

The case concerns Skandinavisk Motor Co. A / S 's use of Ai Weiwei's artwork "Soleil Levant" in an advertisement for a car.
The artwork, which was exhibited at Kunsthal Charlottenborg's facade from June 20 to October 1, 2017, consisted of an installation of the art gallery's windows with 3,500 life jackets, collected from refugees who landed on Lesbos in 2015 and 2016. Ai Weiwei is a critic and artist, and his artwork in question focuses on the humanitarian refugee crisis
SMC used the work as a background for a picture of a new car model. The picture was printed in a number by SMC's magazine "VieW". SMC acknowledged that by using the artwork they had violated Ai Weiwe's copyright, but disputed that his rights under the Marketing Act were also violated.
Ai Weiwei had demanded 2 million DKK in remuneration, compensation and compensation for the violation.

The Court held that SMC's use of the artwork constituted a violation of Section 3 (1) of the Marketing Act. 1, on good marketing practice.
In particular, the Court emphasized that SMC's use of the image in a customer magazine and on Volkswagen's Danish website when launching a new car model was done for marketing purposes. This market exploitation of Ai Weiwei's artwork was in clear contradiction with the considerations and thoughts that were behind the work and the detailed content of the work. The exploitation caused a certain risk of diluting Ai Weiwei's artwork and had the character of a parasite on Ai Weiwei's good name and reputation. The use therefore constituted an improper exploitation of the artwork for marketing purposes.
The court granted a remuneration for the unlawful application of 1.5 million. DKK and a compensation for non-financial damage of DKK 250,000.
In determining the reasonable remuneration, the court emphasized in particular that SMC reproduced parts of the artwork in an advertisement for Volkswagen's Polo in the magazine in question, that the magazine was printed in 216,500 copies, of which 204,896 were

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ewanfindhornlamont @mamamonkey_shop I think that was just it. Urban environments have all sorts of façades with all kinds of treatments. Ai Weiwei believes that everyone must have necessarily grasped that the building was anything more than just a far out decorative effect. It looks wonderful in the photos but its meaning is more elusive. I am hacked off by the idea that as we go about our lives in public we have to be taking note of art and ads and whatever messages are thrust in our faces. The only ones we had to heed, I thought, were Public Notices such as traffic signs; not any more thanks to this case. Volkswagen could have acknowledged this artist's work; I think that would have been courteous.

ewanfindhornlamont I have mixed feelings about this because, although it rewards the artist for his role in the advertisement, it seems to also mean that everyone will have to be more careful what appears in the backgrounds of their photos. The judgement does not just clarify the Law in regards to Ai Weiwei, it applies to everyone covered by the jurisdiction and legal treaties on IP. Property Law is colonising our eyesight.

tiffany_homsi I have mixed feelings about this, as you did use lifejackets in your installation, created by someone else which you have not credited ( at least not publicly) What makes it permissible to you and not to there? But I also understand your frustration and 90% sure you will donate the money to the refugee cause.

evelyntickle ?? good work for standing up for yourself and other artists- architects should do the same - happens all the time, unfortunately. hopefully you are making a change here too???

willken44 Finally, a piece of GOOD news. Thank you for persisting in this case and showing giant corporations that they cannot Co-opt everything in their quest for profit.

notasecond.ca Thanks for always taking a stand for artists and continuing to bring attention to the injustices of the world through your work. You’re an inspiration!

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