Artist Tyrrell Winston has filed a lawsuit against the New York Pelicans basketball team for an Instagram post that ‘copied’ his work.
Tyrrell Winston is most well-known for his installation works centered around flattened basketballs he collects from around the world. These works have been exhibited across the United States and have also won him contracts with the Cleveland Cavaliers for a giant replica of his works. He has also licensed his works to brands like Nike and Adidas.
The violation in question was an Instagram post made by the New York Pelicans account last year, which featured a series of flattened basketballs on a wall and some basketball players facing them. The lawsuit filed by Tyrrell Winston argues that the post bears a striking resemblance to the work by the artist. Winston had sent a cease-and-desist notice to the team last October, but it was allegedly ignored. The lawsuit details the recognizable and impactful nature of Winston’s works.
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So far, the Pelicans haven’t commented on the legal complaint, perhaps because they are deciding which of the many avenues they want to pursue. One approach would be to completely deny Winston’s ‘copyright’, arguing that the idea of “flattened basketballs arranged artistically” is too vague to be owned by someone. Even if they do accept the copyright, they could argue that the work has been transformed significantly, most notably due to the basketball players standing in front of the basketballs. They could also argue fair use, though it might be the riskiest strategy.
