Kapoor/NRA copyright infringement Case

Firm announces victory in case against NRA

December 6, 2018 – Firm partner Nicholas A. Carlin announced today the settlement of a lawsuit initiated earlier this year against the National Rifle Association. Sir Anish Kapoor, the world renowned London-based artist, sued the NRA for using, without his permission, an image of his sculpture “Cloud Gate” (also known colloquially as “The Bean”) located in Millennium Park in Chicago, in a notorious NRA recruiting and fundraising video narrated by Dana Loesch entitled “The Violence of Lies.” The video is a naked piece of propaganda that, according to the Washington Post, was “designed to provoke fear, if not incite violence,” and according to the New York Times became “one of the latest flash points for partisan anger.” Under the settlement, the NRA will remove the images of Cloud Gate from all copies of “The Violence of Lies” video in any distribution channels over which it has control, and agrees not to use it again in the future. For a copy of the firm’s press release announcing the end of the case, click here. For a copy of Mr. Kapoor’s press release, click here.

Court rejects NRA's attempt to halt discovery in copyright dispute

November 14, 2018 – Federal magistrate judge Theresa Carroll Buchanan held a hearing today in firm client Anish Kapoor's copyright infringement case against the National Rifle Association.  Judge Buchanan scheduled the hearing to consider management of pre-trial matters relating to the case.  At that hearing, the NRA sought to prevent all discovery in the case and also wanted leave to file seriatim summary judgment motions.  The court agreed with the arguments of firm partner David Given that Kapoor should be permitted to launch his discovery on the NRA right away, and formally adopted Kapoor's position on that matter.  In her order issued later that day, Judge Buchanan set a series of deadlines and protocols for the management of the case before trial.  Kapoor has commenced his discovery against the NRA by demanding documents pertaining to its use of an image of Kapoor's "Cloud Gate" sculpture without his agreement in a fundraising video.

Dates set in Anish Kapoor case against the NRA

October 24, 2018 – Federal district court judge Leonie Brinkma has set a series of deadlines in firm client Sir Anish Kapoor’s copyright infringement case against the National Rifle Association.  Judge Brinkma assumed jurisdiction of the case following its recent transfer from Chicago to Alexandria, Virginia.  Kapoor’s case arose from the NRA’s use without permission of an image of his iconic sculpture Cloud Gate (also known as The Bean) in a highly controversial fundraising video.  The parties are scheduled to appear in the Alexandria federal court on Nov. 14th.

Firm opposes NRA’s efforts to move Cloud Gate case

September 13, 2018 – Firm partners Nick Carlin and David Given filed papers today opposing the effort of the National Rifle Association to move world-renowned artist Sir Anish Kapoor’s copyright infringement case against it to a jurisdiction closer to its headquarters.  The NRA used an image of his iconic sculpture Cloud Gate (also known as The Bean) in a highly controversial fundraising video without permission; when Sir Anish asked that the image be removed from the video, the NRA refused.  That led to his complaint for copyright infringement, filed in the federal court in Chicago, where Cloud Gate sits in Millennium Park.  In its opposition to the NRA’s motion to transfer to a federal court in Virginia, the firm pointed out the case’s obvious and important ties to the State of Illinois and the City of Chicago.  The dispute has received wide media coverage.  Federal district court judge John Z. Lee has scheduled a hearing on the NRA’s motion for Oct. 17th.

Firm files copyright infringement case for renowned sculptor against NRA

June 19, 2018 – Firm partners Nick Carlin and David Given today filed a complaint against the National Rifle Association on behalf of renowned visionary artist Sir Anish Kapoor.  Late last year, the London-based artist discovered that the NRA had used an image of his sculpture “Cloud Gate” (also known colloquially as “The Bean”), located in Millennium Park in Chicago, without the artist’s permission in a recruiting video variously entitled “The Clenched Fist of Trust” or “The Violence of Lies.”  Appalled over the use of his work in that video, Sir Anish asked that the NRA remove it.  The NRA refused to do so, leading to a well-documented controversy earlier this year when the artist went public with his objection to and disgust over the use of his creative work in a video he felt played to the worst impulses of paranoia, conflict and violence.  Filed in the federal district court in Chicago, the client’s lawsuit alleges that the NRA has committed and continues to commit willful copyright infringement, and seeks to prevent the NRA from further exploiting Sir Anish’s work in its video.

Summary

The firm represents world-renowned sculptor Sir Anish Kapoor in a copyright infringement lawsuit against the National Rifle Association, who used an image of his famed Cloud Gate sculpture (also known as the “The Bean”) in an inflammatory and highly-controversial video without his permission.  The video, variously entitled “The Clenched Fist of Truth” or “The Violence of Lies,” was part of a larger series of videos produced by the NRA meant to incite violence against the media and the “liberal agenda.” Despite the client’s repeated demands that it remove the image of his sculpture from its video, the NRA has refused to do so. The case is pending in the federal district court in Virginia.

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