Nadia Plesner, the Danish artist, who has been suedtwice by Louis Vuitton has had her day in court at The Hague.
Vuitton is suing her for copyright infringement for placing an image of one of their handbags on her painting Darfurnica. There is also a back story about her use of this handbag on a t-shirt. In both cases the case for parody and fair use may be argued. In both cases the purpose is to raise money and awareness for Darfur.
Vuitton seeks to penalize her 5,000 Euros for each day Darfurnica is on her website and wants to prevent Plesner from exhibiting the painting either on her website or at venues in the European Union. Yesterday, Plesner finally got to present her defense — before a full-sized reproduction of the painting. On Facebook she shares how it went:
They stated that they have no problem with Darfurnica, never had, and that they only object to me using “their product” in my Simple Living “logo” [pictured here]. We highly objected to it all, since Simple Living is an art work, just as Darfurnica and because LV has aggressively been going after the painting from day one.
We also presented the threats regarding the painting that LV’s attorney made to me by phone, which he of course denied completely.
I thought the most important part was when the judge asked LV’s attorney why Darfurnica was mentioned in the lawsuit – and forbidden by the court order – if they didn’t have a problem with it? To which their attorney responded “You shouldn’t read it like that.”
Then the judge asked how else he could read it, since the painting is the first thing mentioned in the list of works they want to forbid, but their attorney insisted that the court order should be read as if the paragraph regarding Darfurnica was not there. He aggressively went on and on for an hour about how I abused them, for example by using their Audra bag as an eyecatcher on the invitation for my exhibition. Yes, I used my own Simple Living drawing (not their Audra Bag) on the invitation to my art exhibition about Darfur. What a crazy thing to do.
We had a 1:1 print of Darfurnica in the court room and I presented it to the judge and explained why I painted it and what the different symbols represented. I have had the chance to present Darfurnica to a lot of different people by now both in my studio, in the Odd Fellow Palace and at the HEART museum, but it felt so surreal to do it in a court room, especially in front of various LV representatives.
I explained the urgency for raising awareness about the situation in Darfur, and how I had painted various Hollywood gossip stories that got an insane amount of media attention.
The judge listened, and I believe he understood the meaning of the painting.
There were about 65 people present during the hearing, many artists and fellow students came to support me, and they had made these great little supportive badges with different texts like: “Louis, art is cool”, etc. It made a great difference to me that I was not there alone, and I am grateful to the people who showed up.
There were also different reporters present, and even though LV’s attorney consistently claimed that I had manipulated the media to be on my side, the articles today are not different from the previous ones, even after the reporters had heard both sides of the story and were presented with the evidence from both sides.
The final result was that we asked the judge to have the court order from January 27th annulled, and LV objected to this. The judge said he would try to give his ruling before May 4, 2011.