Can Use of Similar Art Style Be Deemed Copyright Infringement?

Recently, a well-known photo collage artist filed a federal lawsuit against an art dealer and another artist, alleging numerous intellectual property claims including, for example, copyright infringement, trade dress infringement, unfair competition, and market dilution. At the heart of the claims is the age-old copyright law argument over whether similar art styles can exist in the same market and channels.

Roberts Claims Similar Art Style is Copyright Infringement

Deborah Roberts, a Pollock-Krasner Foundation grant winner, filed suit in the U.S. District Court for the Eastern District of New York. Roberts is particularly well-known for her art collages of Black children, which count Beyonce among their many purchasers. Roberts claims that another artist, Lynthia Edwards, has purposely copied her collage style. Further, Roberts claims that, with the help of art dealer, Richard Beavers, Edwards has participated in willful copyright infringement of her Roberts’s works. As such, Roberts seeks $1 million in damages from the lawsuit.

According to Roberts, the conflict extends back at least two years. Roberts alleges Beavers requested work from Roberts so that he could show and sell it in his gallery back in 2020. Upon Roberts declining to collaborate, Beavers is alleged to have worked with Edwards to fill the gap.

Is Mimicking an Art Style Copyright Infringement?

Since then, Beavers and Edwards have shown collages that, according to Roberts, bear a striking resemblance to her own work.  The duo apparently traveled in the same circles and venues Roberts did, showing collages at famous venues like Expo Chicago, where Roberts previously showed her work. Roberts claims to have only become aware of Edwards’s work after she received numerous text messages asking if Edwards’s pieces were her own. 

While Roberts states that she is protecting her work based on classic copyright protection pillars of likelihood of confusion and market confusion, critics of the lawsuit claim that the established artist is merely threatened by an up-and-coming talent fifteen years her junior. A spokesperson for Edwards and Beavers, who share legal representation, stated that a countersuit for false statements is likely to be brought against Edwards.

Key Takeaways on Claiming Copyright Infringement for Similar Art Style

An art lawsuit is pending in the Eastern District of New York that addresses classic questions of copyright law, namely:

• Is there copyright infringement over similar art styles?

• Can such claims give rise to trade dress claims? and

• Do such claims support claims of unfair competition and market dilution?

For more information about copyright protection, see our Software and Copyrights and Industry Focused Legal Solutions pages.