Iowa artist sues over Super Bowl commercial
DES MOINES, Iowa – Chris Williams was shocked when he learned that his mural was part of a Super Bowl commercial earlier this year.
The 35-year-old Des Moines artist painted the colorful collection on squares and rectangles at Sixth and College Avenues in 2018. It was part of a community project in the Riverbend neighborhood.
Williams said no one sought permission to use the mural, and Hy-Vee, which ran the ad, did not give him credit or compensation.
He is now suing Hy-Vee for copyright infringement.
“I felt very confused about seeing my art being used by Hy-Vee on a presumably multi-million dollar television commercial,” Williams said in a statement.
The advertisement, narrated by Oprah Winfrey, highlighted a partnership between Hy-Vee and Oprah’s O, That’s Good! brand. Sixteen cents from the purchase of every O, That’s Good! product that included Hy-Vee’s One Step label went to fill backpacks for children dealing with hunger.
Williams’ mural appeared twice in the commercial. First, when a schoolage girl carrying a backpack runs past it, and again when the now older girl hands a homeless man an apple – an homage back to the nutrition and hunger message.
“It felt ironic listening to Oprah talk about hopes and dreams while watching her seemingly exploit my own creative energy, my own hopes and dreams, without even recognizing me,” Williams said.
Hy-Vee declined to comment, citing litigation.
The federal copyright infringement lawsuit was filed in California by Williams’ attorney, Jeff Gluck of Gluck Law Firm in Los Angeles. It claims that HyVee’s use of the mural in the commercial could damage Williams’ art business. As an artist, he avoids “corporate culture” and “mass-market consumerism,” according to the lawsuit.
“People who recognized his mural in the campaign would have concluded that Williams ‘sold out,’ diminishing the value of his work and reputation,” the lawsuit says.
Williams is also claiming alteration and removal of copyright information. The commercial does not show his artist initials “CAW” and his Instagram handle, which are on the Des Moines mural. He is requesting at least $25,000 and the removal of his mural from the advertisement.
The question of who can use public art and for what purposes has become increasingly prevalent as more murals and artwork are used in digital media and social media posts, said Charlie Damschen, attorney and partner at Hamilton IP Law in Iowa. Even if art is created and displayed in a public place, the artist still owns the copyright to the piece, Damschen said.
In Nashville, Tennessee, a muralist sued Hollyn, a Christian singer and songwriter, for using one of his murals in a music video that was posted on YouTube in 2018 The artist, Jason Woodside, claimed Hollyn violated his copyright protection. However, fair use laws allow the use of copyrighted material as long as it is done for a “transformative” purpose, like commentary, criticism, news or parody.