Street artist sues American Eagle for copyright infringement

Retail giant American Eagle has found itself in a copyright controversy. Miami-based street graffiti artist David Anasagasti has filed a lawsuit against the youth apparel company for taking two copyrighted images of his work and using them in a global advertising

campaign without permission.

Anasagasti, who goes by the name Ahol Sniffs Glue and is best known for his graffiti that depicts half-lidded eyes, filed the lawsuit last week in a New York federal court, reported Reuters.

The copyright was registered after the campaign launch

The copyrights had been registered after the ad campaign was launched but Anasagasti is suing for unspecified damages and the profits from the infringement.

The lawsuit stated: "Given that he hails from the counter-culture world of underground street artists, Mr. Anasagasti's reputation as an artist has been founded, in part, on a public perception that (he) doesn't 'sell out' to large corporate interests."

Earlier this year, when American Eagle was looking to re-create, urban-tinged imagery to market their 2014 spring catalog, they set up a big-budget production in the Wynwood Art District and shot photographs of models in front of two of Anasagasti’s murals. American Eagle then used Anasagasti’s work, according to the lawsuit, “at the heart of its efforts to promote its products and shape its brand identity.

As a result, American Eagle's commercials contain identical or nearly identical versions of Anasagasti’s work. In copyright infringement analysis whether or not the two works are substantially similar is of the most importance.

American Eagle Outfitters currently operates over 1,000 stores in the US and 15 other countries. They ship products to consumers in over 81 countries through e-commerce sites, and, according to the lawsuit, earned over 3 billion dollars in 2013.

Image: American Eagle