H&M drops lawsuit against graffiti artist Revok

By

Cassidy Mantor

Published
Mar 19, 2018

Following consumer backlash, H&M has dropped the lawsuit that it filed against the street artist two weeks ago, which sought to obtain a court order permitting the use of his art without paying him.

H&M voluntarily withdrew its lawsuit at the end of last week after artists and consumers spoke out on social media about the perceived abuse of artists' rights. H&M tweeted that it "respects the creativity and uniqueness of artists, no matter the medium. We should have acted differently in our approach to this matter."

H&M had featured graffiti work from artist Jason Williams, aka Revok, in the background of a new men's campaign photo without paying him. When the artist sent a demand letter accusing the company of copyright infringement, H&M went on the legal offensive and sued for a court order which would allow the brand to continue using the artwork without having to pay Revok.

The foundation of H&M's lawsuit was that because the graffiti art was illegal, it could not be copyright protected. Therefore, the company argued, it had no responsibility to pay the artist.

Networks on social media, however, were quick to mobilize in opposition to H&M. Posts expressed calls to action, such as that of Instagram user @tableaux_vivants, who wrote "if we don't take action now, many of us may find our careers and livelihoods in jeopardy, or one day see our artwork plastered all over an advertisement for a brand we hate, and there would be nothing we could do about it."

Another user called H&M's actions a "full out assault on artists' rights."

In response to the social media storm, H&M's Twitter statement claimed, "It was never our intention to set a precedent concerning public art or to influence the debate on the legality of street art."

It would certainly appear that H&M had no other strategic option than to drop the case. The move had not only outraged consumers, but it did not even appear to have any legal basis. Just last month, in a case that also threw up questions of street artist rights, a New York court ordered a real estate developer to pay $6.75 million for 44 works of street art it destroyed when it demolished an abandoned warehouse to build condos.

H&M's decision to drop the lawsuit comes on the heels of other recent PR nightmares for the Swedish retailer. Earlier this year, the company was accused of racism in a campaign photo, prompting boycotts, riots, and vandalism to its stores.

Consumers and industry observers alike are now interested to see how H&M will recover from its recent slew of publicity faux pas. Indeed, as the company continues to reassess its retail footprint, it will have to begin connecting successfully with its consumers on a more authentic level to ensure continued growth.