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'Banana' Artwork Dispute Presents Slippery Slope for Copyright

By Robert W. Clarida and Thomas Kjellberg
August 01, 2022

In July 2022, the U.S. District Court for the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, 21-20039, a decision that began by posing the question: "Can a banana taped to a wall be art?" At issue in the case was a claim by artist Joe Morford that his sculptural diptych, "Banana & Orange," allegedly created in 2000, was infringed by a work titled "Comedian" by internationally famous artist Maurizio Cattelan. Both works prominently feature a banana affixed to a wall with silver duct tape, though Morford's banana is plastic and Cattelan's is overripe:

Banana & Orange

The Cattelan work generated international press attention at the 2019 Art Basel Miami Beach art fair and allegedly resulted in sales of over $390,000 for Cattelan. Morford's work enjoyed no comparable success.

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