High-profile artist Emmalene Blake is suing restaurant chain Bel Cibo for breach of copyright in a case due before the courts on Friday.
Bel Cibo, part of Egan Hospitality group, commissioned Ms Blake in June 2018 to design and paint two murals on the walls of its cafe on Aston Quay, Dublin, and to provide designs for use on coffee cups, loyalty cards and other material.
Ms Blake subsequently discovered that the company had copied and printed all three designs onto the walls of its cafes in Greenogue and Citywest in Dublin, without her knowing, which she maintains is a breach of their agreement.
She is suing Arena Hospitality Ltd, the Egan group company that owns Bel Cibo, for breach of copyright in a case that Dublin Circuit Court is due to hear on Friday.
Bel Cibo hired Ms Blake because of her reputation as a street artist, gained for paintings of murder victims Lyra McKee and George Floyd, and for tackling themes including LGBTQ rights and climate change.
According to a civil Bill outlining her case, Ms Blake at all times told Arena Hospitality that she did not want her work printed on any cafe walls.
Reproduced
“Despite this, the plaintiff’s artistic works were copied, adapted and reproduced by the defendant printing same, without authorisation, and in breach of the agreement between the parties and in breach of the licence granted by the plaintiff to the defendant,” the document states.
It adds that the defendant infringed her copyright by copying and adapting protected work and making this available to the public by reproducing it on the two cafes’ walls.
The reproductions in Citywest and Greenogue were far bigger than the 0.3sq m that the Aston Quay paintings covered, altering their structure and composition, Ms Blake argues.
Invoices for her work in Aston Quay, and on the designs licensed for coffee cups and other material stated that “copyright of the artwork provided remains the property of the artist”.
In its defence, Arena Hospitality says it “at all times acquired absolute ownership and title in respect of the graphic designs the subject matter of the proceedings for use in its business”.
Arena denies that Ms Blake owns the copyright to the designs or that it entered into any agreement with her on the terms that she outlines.
The company denies that it infringed Ms Blake’s copyright and that the graphic designs are protected works as she maintains.
The company also denies that it changed the structure and composition of her work when it reproduced it in Citywest and Greenogue. However, it maintains that it has the right to change or adapt the work acquired from Ms Blake.
Ms Blake will outline the damages she is seeking at Friday’s hearing, the documents state.
