Copyright Infringement in Fashion & Art: Banksy vs Guess Case

Abstract

Copyright Infringement and Defenses The current issue around Guess's unlawful use of Banksy's artwork has sparked discussion regarding copyright violations in the fields of fashion and art. This discussion explores whether Guess's use of Banksy's artwork violates his copyright, as well as what would need to be established and potential defenses that may be put out if he were to file a lawsuit. It's possible that Guess violated someone's copyright by using Banksy's artwork without their consent. The exclusive rights to their works, including those for reproduction, distribution, and exhibition, are granted to artists under copyright law. It is possible to classify unauthorized use of protected content as infringement. This incident involves the unauthorized use of Banksy's recognizable artwork in a Guess apparel line, which raises concerns about the propriety of such conduct. Banksy would have to establish a number of essential facts if he were to file a copyright infringement complaint. In order to prove that he is the legitimate owner of the copyright of the in question artwork, he must first demonstrate his ownership of the copyright. In order to prove that Guess improperly utilized his copyrighted artwork, he would also need to establish that his work had been copied, reproduced, or modified. In order to prove that Guess exploited his work in a recognized and substantially comparable way, he must also show that there is a considerable similarity between his original work and the apparel line. Guess, on the other hand, is sure to raise defenses in response to Banksy's assertions. They may argue that they have a genuine license or authorization to utilize Banksy's artwork, thanks to their collaboration with Brandalised. Another possible defense is the fair use theory, which states that their use of Banksy's artwork constitutes fair use, particularly if they claim it was...