SA artists unite to fight BMW

2008-09-26 21:16

Johannesburg, South Africa - South African artists have auctioned their work to help one of their own in his copyright suit against BMW South Africa.

About R450 000 ($55 000) was raised at the auction on Thursday night to support Johannesburg-based artist Gerhard Marx.

Marx, 32, accuses BMW South Africa of stealing his trademark style for an advertising campaign.

The luxury car manufacturer and its advertising agency, also being sued by Marx, deny the allegation. The case goes to court early next month.

More than 70 works by internationally acclaimed South Africans such as William Kentridge, Walter Battiss and Penny Siopis were sold on Thursday. A piece by Marx fetched the top price.

Show of solidarity

"The show of solidarity has been fantastic," Marx said. "Win or lose, the issue is far bigger than the court case."

Marx is known for cutting up maps to create outlines of human figures. He claims the 2006 advertising campaign imitated his style and is claiming R1.5m ($184 000) in damages.

Marx has employed the help of top copyright lawyer Owen Dean. Dean won the case against Disney on behalf of the family of Solomon Linda who wrote the song The Lion Sleeps Tonight.

Benedict Maaga, a spokesperson for BMW South Africa, said they "contested the assertion" that they had infringed Marx's rights and would let the court decide.

Thursday's auction, organised by The Bag Factory, an art collective in downtown Johannesburg, was dubbed david&GOLIATH.

Trust to help other artists

Any funds not used in the suit go into a trust to help other artists address similar legal issues.

"We very much believe in this cause and the severity of the impact an alleged copyright infringement can have on the career of an artist," said Bronwyn Lace, one of the collective's artists who donated a photograph to the auction.

South Africa has a small but vibrant art scene. Buoyed by nearly a decade of economic growth, there is an increase in the number of wealthy individuals looking to spend money on art.

Thursday's auction drew about 150 art lovers, about half of whom registered to bid.

"The art market in South Africa is booming," Lace said. "The quality of work available is unbelievable."

Kentridge, in addition to donating a small drawing for the event, bought a work on Thursday.

"As an artist I wanted to support the project. As an art buyer, I wanted to support the project," he said.

Fetching one of the top prices at the auction was a CD of music from one of Kentridge's short films composed by Philip Miller who has also collaborated with Marx.

Miller said artists' images bleed into popular culture and advertising, but there comes a point where their work must be protected.

"I think what Gerhard is doing is brave," Miller said. "It is good that he is taking on the advertising industry."

- AP