'Fearless Girl' statue dispute can push issue of what rights of integrity mean for artists, copyright law expert says


LAWRENCE — The sculptor who created one of New York’s most iconic pieces of public art has claimed an investment company violated his rights by installing “Fearless Girl,” a statue that has become widely popular, near his creation. Arturo Di Modica, the creator of “Charging Bull,” a sculpture associated with the New York Stock Exchange, has claimed the new statue violates his trademark and copyright and changed the artistic message behind his work.

Kevin L. Smith, dean of University of Kansas Libraries and a trademark law expert, is available to speak with media about the case, the trademarks involved in the dispute and more. Di Modica and his attorneys are seeking an “amicable” solution to the dispute in which “Fearless Girl” is moved elsewhere, but the case could potentially land in court. Smith can discuss the trademarks involved in the case, Di Modica’s arguments, trademark law, rulings in similar cases and related topics.

“This case is especially interesting since it involves a relatively new provision of the copyright act, the Visual Artists’ Rights Act of 1990, which secures some specific ‘moral rights’ for a limited group of visual artists,” Smith said. “Interpretation of VARA has been difficult for the courts, and this case could really push on the issue of what a right of integrity, not recognized in any other part of U.S. copyright law, really entails. How much, we might ask, should an artist be able to control the meaning of his or her own work.”

Di Modica and his attorneys have claimed that “Fearless Girl” changes the meaning of “Charging Bull” by relying on the latter for completion of its artistic statement. They are seeking to have “Fearless Girl” moved elsewhere and compensation for infringement damages.

Smith is an expert in issues of copyright, intellectual property licenses and scholarly publishing. He holds a juris doctor from Capital University Law School, a master’s in library science from Kent State University and a masters in religion from Yale Divinity School. He is a well-known leader in the field of scholarly communications and has a lengthy list of published articles, keynote addresses and essays.

To schedule an interview, contact Mike Krings at 785-864-8860 or mkrings@ku.edu.

Thu, 04/13/2017

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Mike Krings

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