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One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art?
On July 7, 2022, the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, 2022 WL 2466775 (S.D. Fla. July 7, 2022), which began by posing the following question: "Can a banana taped to a wall be art?" At issue was a claim by artist Joe Morford that his sculptural diptych, "Banana & Orange," allegedly created in 2000 and shown at left below, was infringed by a work titled "Comedian" by internationally famous artist Maurizio Cattelan, shown at right below. Both works prominently feature a banana affixed to a wall with silver duct tape, though plaintiff's banana is plastic and defendant's is overripe:
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 defendant. Plaintiff's work enjoyed no comparable success.
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