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Is Coopting Graffiti Artist's Street Cred a Fair Use?

Posted by Nicholas O'Donnell on December 1, 2016 at 5:17 PM

Estate of Graffiti Artist Sues McDonald’s Over Fast-Food Décor

The estate of Dashiell “Dash” Snow, better known as graffiti artist “Secret Snow”—has sued McDonald’s over allegedly infringing use of Snow’s street art in McDonald’s dining rooms.  The lawsuit in the Central District of California is the latest in a series of cases in which street artists are asserting their rights in copyright without any concession about whether the creation has other legal issues (i.e., trespassing or vandalism).  Based on the survival of other recent similar cases, this latest case could be a headache for the giant restaurant chain, though it may have interesting fair use arguments based on the contrasting nature of the street vs. corporate uses. 

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Topics: Digital Millennium Copyright Act, Rime, Graffiti Art, 17 U.S.C. § 1202, Moschino, Dashiell Snow, Street Cred, McDonald's

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The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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