Velvet Underground Loses Andy Warhol Copyright Claim: Fair or Foul?
Fergie
2012/09/11 19:00:00
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When you see Andy Warhol's iconic image of a banana, do you associate it with the band The Velvet Underground? The image was used as the cover the the Velvet Underground & Nico's self-titled 1967 debut, and the band's founders (Lou Reed and John Cale) recently sued the Andy Warhol foundation for licensing the image for iPad and iPhone accessories.
They claim that the Warhol foundation doesn't have a copyright claim for the image, but a federal judge recently dismissed their claim stating "there is no underlying cause of action sounding in copyright for Velvet Underground to head off."
Reed and Cale will move forward with a trademark case despite the setback insisting that the banana "has become so identified with The Velvet Underground ... that members of the public, particularly those who listen to rock music, immediately recognize the banana design as the symbol of The Velvet Underground." What do you think? Do you agree with the band or do you think the court decision was just?
LATIMES.COM reports:
They claim that the Warhol foundation doesn't have a copyright claim for the image, but a federal judge recently dismissed their claim stating "there is no underlying cause of action sounding in copyright for Velvet Underground to head off."
Reed and Cale will move forward with a trademark case despite the setback insisting that the banana "has become so identified with The Velvet Underground ... that members of the public, particularly those who listen to rock music, immediately recognize the banana design as the symbol of The Velvet Underground." What do you think? Do you agree with the band or do you think the court decision was just?
LATIMES.COM reports:
When you think of a certain classic rock album released in 1967 with a bright yellow illustration of a banana on the cover, what name comes to mind: Andy Warhol or the Velvet Underground?
Read More: http://www.latimes.com/entertainment/arts/culture/...
But seriously, this should have been addressed long before now if it was such a concern. Sounds like someones bank account was getting a little low so they got sue happy. Pathetic. I too am a musician who, at one time, got run through the ringer and lost royalties. One of our bands songs was on television as its theme. We got $0... Who knows what the record label got. Being starving artists it wasn't like we could afford to sue. We would have more than likely lost money going that route :-/
That banana is more Andy than Velvet -I wot that is true- but also true the classic first Velvet Underground album may someday be the "Paradise Lost" of its time, with literary and artistic eminence unseen just now. However Lou is disingenuous about the iconic image, which surely was meant to "explode" on the psyche of the 60's mind-is-the-media persons then familiar with NYC's underground art-deco-music scene with its plastic images inevitably redounding to Andy's mind and methods-with which this album was intended to associate...can it be helped in this war of fame whose brand has best taste?
This is their most recognized album. Warhol made it for them to use. Ugh.
I'm only 18, but at least I have a sense of culture.
When I see the banana - I think of both.
I had the original album where the banana peeled off and there was an image of the raw banana underneath. But that was many moons ago! Wish I still had that one.
"Velvet Underground & Nico" is one of my favorite albums from the 1960's, by the way. Highly, HIGHLY recommended listening.
its fame is not mutually exclusive...it burnishes both and all. To remember those times and that band is nothing but JOY...