Art Law Report

Velvet Underground’s Copyright Claim Against Warhol Foundation is Dismissed, Trademark Case Goes On

Posted by Nicholas O'Donnell on September 12, 2012 at 11:36 AM

The U.S. District Court in Manhattan has dismissed the copyright claim filed by the Velvet Underground against the Warhol Foundation for the Visual Arts over the iconic “banana” image from the cover of the legendary The Velvet Underground and Nico album. Without reaching the merits of the claim, the court ruled that the Velvet Underground had agreed previously not to sue on any copyright theories. Reporting of the decision has been spotty at best, however, ranging from declaring a “win” for the Foundation, to suggestions that the copyright question was decided. In fact, the Court did not reach the copyright issue, and the Velvet Underground still has other trademark-based claims that remain very much alive and unaffected by the decision.

Read More

Topics: Trademark, banana, Warhol Foundation for the Visual Arts, Copyright, The Velvet Underground and Nico, the Velvet Underground, Andy Warhol, intellectual property, Nico

About the Blog


The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities.

Meet the Editor

Learn more about our Art & Museum Law practice

Subscribe to Blog

Posts by Topic

see all