Back in January, Miami-based artist Joe Morford filed a lawsuit in the Southern District of Florida alleging Italian artist Maurizio Cattelan’s viral duct-taped banana sculpture, Comedian, is “plagiarized”. In the Complaint, Morford argues that Cattelan’s work is substantially similar to his vertical diptych, Banana & Orange, which has been registered with the U.S. Copyright Office since 2000.
Due to Judge Robert N. Scola Jr. rejection of Cattelan’s Motion to Dismiss the case, Cattelan recently filed an answer and 19 affirmative defenses. In his defense, Cattelan asserts that Morford’s claims for copyright infringement fail because Cattelan created the work “independently” and “without knowledge of or reference to Plaintiff’s work.” Moreover, Cattelan states that if any infringement occurred, it was innocent and not willful. Though, Cattelan largely questions the validity of Morford’s copyright to begin with.
Pursuant to the Joint Interim Status Report filed on September 20, 2022, discovery is ongoing, and the parties will mediate next month.
The case is 21-cv-20039, Morford v. Cattelan.