BMW SA has stopped the publication of a print media advertisement last month after a Johannesburg artist, Gerhard Marx, took legal action on the possibility that copyright infringement and “passing off” occured.
Marx and his arts dealer, Warren Siebrits Modern and Contemporary art, reacted to BMW’s latest advertising campaign in the print media, which included an image of a line drawing made up from markings on fragments of road maps.
Marx claimed that his signature style (since 2001) has been imitated by BMW’s advertisement, which has appeared in various newspapers throughout South Africa last month.
After Marx and the gallery’s legal representatives sent a letter of demand to BMW SA and it’s advertising agency, Ireland-Davenport, both companies denied the allegations.
But ……. From Warren Siebrits Modern and Contemporary art said that BMW later reacted by cancelling future publications of the advertisement.
The gallery was quoted in the media last month, saying “it is our opinion that this campaign grossly plagiarises and infringes on Gerhard Marx’s creative and intellectual domain”.
Marx himself said to the Sunday Times that it was awful to find that his work was hijacked into a capitalist venture and transformed into a branding exercise.
The cancellation of the advertisement may not be the end of the affair, since Marx and the gallery also demanded an apology and financial compensation. “We are considering further legal steps,”…… said.
Richard Carter, general manager, communications and public affairs, for BMW SA, said he could not comment as the matter was now in the hands of their legal representatives. He did add that, at the time of Marx and the gallery’s demands, the publication of the ad campaign was coming to an end anyway.