Is it graffiti, or aerosol art? And should the urban street artist be paid because a mural turned up in a GM car ad?
When does graffitti deserve a copyright? That’s one of the questions raised by a lawsuit against General Motors by Adrian Falkner, known by his urban murals as Smash 137.
He spray-painted a mural on the side of a parking garage, paid to do so by businessman Dan Gilbert.
but the mural is visible in an ad for the Cadillac XT5 crossover. His lawsuit says he should have been paid by GM. The company replies in a brief that the mural is an architectural work, visible on a public street, and is exempt from copyright infringement.
A hearing is scheduled Monday in Los Angeles.
The lawsuit claims the mural was not created by the building, but by Smash 137.
