Skip to main content
1 of 4
nikk wong
  • 333
  • 2
  • 7

Does this image with a subject containing graffiti in the background infringe on the graffiti artist's copyright?

Here's the image in question:

Image in question

Basically, the subject in the foreground is using a product that the company would like to advertise. The graffiti holder has argued that the image infringes on their copyright. My guess would be that this image does not infringe on the copyright, because it is novel and the graffiti is not the subject matter in the photo.

The applicable jurisdiction here would be the state of California.

nikk wong
  • 333
  • 2
  • 7