Spinner

Velvet Underground Sues Andy Warhol Foundation for 'Banana' Copyright Infringement

Hayley Madden,Redferns/Verve

Nearly 45 years after a banana appeared on their iconic 1967 debut album, the Velvet Underground are suing the Andy Warhol Foundation for the Visual Arts citing copyright infringement and seeking unspecified damages.

According to the New York Post -- and also reported by Exclaim -- Lou Reed and John Cale claim the image's use on products like iPad cases and shoulder bags is deceiving, leading people to believe the group have allowed the "sponsorship or approval" to these products. The lawsuit was filed in a Manhattan federal court.

"It is not merely the graphic reproduction by Andy Warhol of a piece of fruit: it is the 'iconic' VU banana," the suit says. "Inasmuch as the Warhol Foundation has such a large number of Andy Warhol designs, all of which are presumably unique works that are highly valued in the marketplace, there would appear to be no economic need to include the banana design among the designs that defendant licenses," court papers state.
The suit also says the band's "use and application" of the image "has been exclusive, continuous and uninterrupted for more than 25 years."

The banana which appeared on the debut album 'The Velvet Underground and Nico' was also used by the group as a trademark in its 1995 box set compilation and was later licensed to Absolut Vodka for use in 2001.

The Andy Warhol Foundation for the Visual Arts, which took ownership of the copyrights and trademarks of the artist following his death in 1987, made no mention of the lawsuit on its official site. "Revenues generated through licensing fees support an increasing number of the Foundation's activities," the organization says regarding licensing.

This isn't the first time the album's artwork resulted in a legal situation. The album had to be recalled when it was first released after an upside-down image of actor Eric Emerson appeared on the back cover. Emerson threatened to sue unless he received compensation but the label simply airbrushed his photo on future pressings while placing a black sticker over his image.

The Velvet Underground -- featuring Reed, Cale, Maureen Tucker and Sterling Morrison -- reunited in 1993 for a European tour which produced a live album. The group was inducted into the Rock and Roll Hall of Fame in 1996.

The Velvet Underground Recall Andy Warhol as 'Protector'

Follow @Spinner on Twitter | Like Us on Facebook | Sign Up for Our Newsletter

Download Velvet Underground Songs | Buy Velvet Underground Albums

All the The Velvet Underground info you want to know

David Bowie 'Likely' Retired From…

Spinner

Steve Wood/Hulton Archive, Getty Images Before 1971, David Bowie's career…

Metallica and Lou Reed Collaborate on…

Noisecreep

Tim Mosenfelder | Noel Vasquez, Getty Images Metallica have announced that…

Beck Asks Fans to Pick 'Record Club'…

Spinner

Chris Polk/VF1, Getty Images Picking tracks for an album is rarely an easy task…

See all The Velvet Underground »

Add a Comment

Sign in »
*0 / 3000 Character Maximum

25 Comments

Filter by:
bdouglaswalker

I'm guessing most of you are not very deep thinkers and are probably about 15 to 18 years old. To say it is just a banana would be like saying the picture of the zeppelin on the first Led Zeppelin was just a generic picture of a zeppelin, or that Apple's picture of an apple with a bite taken out of it is just a picture of an apple. If you want to remain ignorant about music that preceded you, that's your choice, but you should refrain from making comments when you don't know what you're talking about. The banana --- and the cover in question --- were designed by Andy Warhol. Regardless of whether you think it is "art," it is still a unique creation, just like any symbol or picture used by any other performer or product. If the band owns the exclusive rights to use that depiction, then the Warhol estate cannot profit from it.

January 16 2012 at 10:49 PM Report abuse rate up rate down Reply
jsand96876

Heroin must be getting pretty expensive.

I didn't know you could own the copyright for a piece of fruit.

January 16 2012 at 9:36 PM Report abuse -1 rate up rate down Reply
lstnvlly

Yes, we have no bananas, we have no bananas today.

January 16 2012 at 9:17 PM Report abuse rate up rate down Reply
dochuff

Apeeling. Oh, never mind...

January 16 2012 at 9:06 PM Report abuse rate up rate down Reply
dochuff

I didn't find this article very appealing? Get it?

January 16 2012 at 9:05 PM Report abuse rate up rate down Reply
hman570

From the looks of this jerk he must need the money, as he sure has not been hear of by most of the people writing comments on this article.

January 16 2012 at 8:32 PM Report abuse +1 rate up rate down Reply
rwa1949

I didn't realize "Velvet Underground" was still around.

January 16 2012 at 7:32 PM Report abuse rate up rate down Reply
gonro2

Is this like T-Mobil trying to copyright the color Magenta, The state of Tabasco Mexico was in existence long before The McIlhenny Company came out with their sauce but they threatened to sue because I named my band after the state of Tabasco ---kinda like the group Chicago and Manhattan Transfer. But since no one can copyright "Co." which stands for company, I named and registered my band as the acronym of, "Truly As Beautiful As Silk Co.". It's really not my fault that the venues I play don't put periods on their billboard. T.A.B.A.S.Co.. Hehehe once in awhile David gets the best of Goliath

January 16 2012 at 6:57 PM Report abuse +1 rate up rate down Reply
runswthscisors40

If you whiners would bother to look up the VU album cover, you'd see that it, and the Ipad cover banana are exactly the same.......hence the lawsuit.........

January 16 2012 at 6:54 PM Report abuse rate up rate down Reply
runswthscisors40

If the Rolling Stones famous lips and tongue were used on say...Tootsie Roll pops........there'd be a lawsuit too.........the logo was exclusively VU's..........a no-brainer.....but not with these liberal judges we have nowadays..................

January 16 2012 at 5:44 PM Report abuse -2 rate up rate down Reply
2 replies to runswthscisors40's comment
bakebooey1368

I like when idiot conservatives make things up out of thin air.

January 16 2012 at 5:58 PM Report abuse -2 rate up rate down Reply
2 replies to bakebooey1368's comment
runswthscisors40

typical idiot liberal response.........

January 16 2012 at 6:16 PM Report abuse -1 rate up rate down
ehbinwv10

I like when idiot liberals make fools of themselves, which usually, is very easy.

January 16 2012 at 10:04 PM Report abuse rate up rate down
bdouglaswalker

I'd be more concerned with the conservative judges who decided a company is a person. I'm pretty sure that "liberal" judges believe in intellectual property rights and copyright law.

January 16 2012 at 10:29 PM Report abuse rate up rate down Reply