Hasta La Creative!

H&M is under social media fire for suing a street artist over the use of his work in a campaign, and the suit could have greater implications for advertising by paving the way to a decision on copyright protections for graffiti art.

In its “New Routine” advertising campaign for activewear, the fast-fashion retailer recently included the Brooklyn graffiti of Jason Williams, also known as Revok. After Williams sent H&M a cease-and-desist letter, H&M fired back with a suit against Williams. In the complaint, filed earlier this month, the Swedish retailer is asking the court to decide whether graffiti counts as artwork that can be protected under the constitution, or illegal vandalism.

“Plaintiffs seek a declaration that their use of images with the graffiti in the background, in connection with the H&M New Routine advertising campaign, does not constitute copyright infringement and that any claim by defendant therefore is barred under the defenses of illegality and/or unclean hands,” read the lawsuit, which was filed in the Eastern District Court of New York. The suit alleges that Williams’ threats to sue for infringement have “placed a cloud over H&M’s rights to use in the future its New Routine advertising campaign.” The work is currently accessible on H&M’s website with both video and images of the Williamsburg, Brooklyn-located work.

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