Brooklyn Artist Says Starbucks Ripped Off Her PaintingsJuly 1, 2015 – In The News
Daniel A. Schnapp was quoted in the Wired.com article, “Brooklyn Artist Says Starbucks Ripped Off Her Paintings.” Full text can be found in the July 1, 2015, issue, but a synopsis is below.
Maya Hayuk, a Brooklyn artist, is suing Starbucks, claiming the company infringed on five different pieces of her art as part of its Mini Frappuccino campaign.
Daniel Schnapp discussed the steps Hayuk must take in order to prove copyright infringement. According to Schnapp, “It does look like her work is a kaleidoscope graphic type of work, and is using a variety of colors.” However, beyond that, “there’s an issue of whether her work in the original format was, for example, 3-D, and if [Starbucks] created it using computers. One of the defenses a company like Starbucks might use … is her work looks like work that is like many other works out in the public domain.”
Schnapp explains, “there’s not much in the way of bright line test or a black and white rule as to how to prove a copyright claim.”