Artists in the Black (AITB) client Mandy Davis has received a settlement following the commencement of legal proceedings for infringement of her copyright and her moral rights. The case is a great example of how AITB works. The Indigenous artist contacts AITB and we harness the support of a law firm, in this case Clayton Utz, that works to achieve an outcome for our client.
Mandy Davis is a successful artist from the Worimi people from the Great Lakes district in Northern NSW. Davis has been painting since 1990 and several of her works have been licensed for use by companies and government agencies. She has had national and international exhibitions. In 2005, Davis saw her painting ‘Emu’ (Work) copied onto a commercial vehicle without her permission. She recalls "My first reaction was disbelief and then I was embarrassed as the artwork was distorted and didn't reflect the true design I had created."
The commercial vehicle, reproduced with permission of the artist.
The main issue was the infringement of her copyright in the Work, coupled with infringements of her moral rights of attribution and of integrity and of attribution. The company distorted the Work when reproducing it on the commercial vehicle, the colours were changed and there was no attribution of Davis as the original creator. These actions were all the more hurtful to Davis as her designs and artworks illustrate her cultural beliefs and values and her connection to her ancestors.
After several letters of demand remained unsuccessful to resolve the matter, legal proceedings were commenced in the Federal Magistrates Court. Before the matter went to hearing, further discussions resulted in an agreement to remove the infringing artwork from the vehicles and the company’s website. The terms of the final settlement are confidential.
Artists in the Black appreciated the support of Clayton Utz, which took the matter on a pro bono basis. This matter was run by senior associate Nicholas Tyacke and IP litigation partner Peter Knight. Barrister Richard Cobden SC also provided his services on a pro bono basis representing Davis in court. Clayton Utz donated over 140 pro bono hours!
This matter does not only demonstrate how pro bono work makes a difference; it also illustrates how copyright law can sometimes be used to protect Indigenous cultural integrity.
Mandy Davis says that "being involved in a court case gave me an insight into the legal side of copyright and what our moral rights are….Hopefully the company that used my artwork learned something out of the whole process and most importantly that what they did was morally and culturally wrong."
Useful Links
Solid Arts website
Artist Mandy Davis talks about her experience of copyright and moral rights infringement in her work. Click here to view the video.
EMU © Mandy Davis. Reproduced with permission of the artist.