Artists rally behind Marx in landmark BMW case

Artist Gerhard Marx, takes BMW and their advertising agency to court over alleged copyright infringement. R450,000 for legal fees raised through highly sucessful David and Goliath art auction

Patrick Burnett

South African artists rallied behind one of their own in a September 25 auction, raising R450,000 for the legal fees of artist Gerhard Marx, who is taking BMW and their advertising agency to court over alleged copyright infringement.
Marx is the plaintiff in a case where he alleges that BMW South Africa used his work without his permission in a 2006 advertising campaign. The case is to be heard on October 9.
Owen Dean, attorney acting for Spoor & Fisher, who are representing Marx, said R1,5-million was being claimed in damages.
BMW denies the allegation. Spokesperson Benedict Maaga said: “BMW South Africa contests the assertion that we have infringed the rights of the artist Gerhard Marx or plagiarised his work, as has been alleged. Our comments and submissions will be made in court and we will let the High Court make the final ruling on this matter.”
The auction, hosted by the The Bag Factory in Johannesburg, and billed as the David and Goliath initiative, was aimed at creating a platform “through which the arts can support the arts in protecting creative ownership”, say the organisers.
Bag Factory education officer Bronwyn Lace said: “We had an unbelievable turn out and it was definitely a success.” She said about 250 people had attended and 64 works donated by various South African artists had been sold, raising R450,000.
Funds raised will go towards the cost of Marx’s case, but any further profits will go towards a trust which will aim to financially support artists against copyright infringement and commercial exploitation.
A publicity email about the auction said: “The relationship between the arts and commercial industry is one in which issues of creative ownership and copyright infringement is frequently contested. It is generally financially impossible for the individual artist to address these issues legally when faced with a corporate giant.”
Lace said the works on auction ranged from established South African artists through to younger artists.
She said while the event was a fundraiser it was also about the artistic community coming together in support of a principle.
“The David and Goliath auction is in support of Marx, but it is a larger issue of copyright and the damage done to an artist when a corporate takes blatantly from them.”
Copyright infringement was an issue globally, not just between corporations and artists but between artists and artists.
Wim Botha, one of the supporting artists, said artists made things that entered the public realm and which people picked up on at some point, but this could not be accepted when it happened in a direct way.
“At some point something becomes established and associated with one person, but when it’s new and shortly afterwards it is pilfered then the artist is deprived of developing that.”
He said a precedent needed to be set that art was not freely available and corporates should think a “little bit harder before using something”