11th Circuit Court of Appeals Affirms Dismissal of Copyright Infringement Case Related to Duct-Taped Banana Artwork
In a decision dated August 16, 2024 in the case Morford v. Maurizio Cattelan, 1:21-cv-20039-RNS, the United States Court of Appeals for the 11th Circuit affirmed the 2023 decision of the District Court for the Southern District of Florida granting summary judgment to the Firm’s client Maurizio Cattelan and dismissing this copyright infringement case. The case related to Mr. Cattelan’s duct-taped banana work of art that was famously exhibited at the Miami Basel Art Fair in 2019. In affirming the dismissal, the Circuit Court found that the plaintiff had not demonstrated access and that the two works at issue were not strikingly similar. The Circuit Court did not reach the other grounds for dismissal on which the District Court’s decision was based, namely no substantial similarity and independent creation.