Toyota on a Chain: Creatively Challenged Art or Parody?

Last year's Hong Kong International Art Fair at the Hong Kong Convention and Exhibition Centre included the "Toyota Chain", by Thomas Hirschhorn, which, was exactly that. Mr Hirschhorn, a Swiss artist, made the piece in 2002, and so far, nobody wants to buy it.

To magnify an existent trademarked logo, without authorisation by the trademark holder, and put it on a chain seems quite stale as a piece of art. But is it legal? In Hong Kong there is no such thing as parody in the Trade Marks Ordinance (and not even in the Copyright Ordinance, so that excludes an analogous application, although it is being considered, see here). And even if there was, I think it is doubtful that this piece of cardboard, adhesive tape, aluminium and red spray falls within the scope of parody. Mr Hirschhorn uses the name recognition and reputation of the Japanese car brand to exploit commercially. In Hong Kong Mr Hirschhorn was definitely diluting Toyota's trademarked logo and name and possibly in jurisdictions with a parody provision as well.

Hirschhorn's "Toyota chain" at the 2011 Hong Kong International Art  Fair
Photo: Danny Friedmann

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Trademark/Copyright Use or Abuse: Coca-Cola in Hong Kong

Do you think this use of the trademark should be allowed.

"Immoral to drink sweat and blood. Coca-Cola."

Photo taken from the wall at Franklin Centre at CUHK Campus in Shatin, Hong Kong. It is in protest against alleged bad labour conditions at the Coca-Cola plant.

One could argue that the copyright (moral right of droit au respect de l'intégrité de l'oeuvre) of the Pulitzer Prize winning photo by Eddie Adams is infringed.

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Does China's Copyright Law Has A Sense Of Humour?

Tavis Coburn created in 2007 "Mao Jordon", using Mao holding a Nike Air in his hand and wearing a hair band with swoosh, a registered trademark of Nike. The artist provokes a lot of questions with a limited edition of 100 prints.

Besides whether Mr Coburn's work would be censored in China, would it be protected under China's author's right?

Article 1 Copyright Law: This Law is enacted, in accordance with the Constitution, for the purposes of protecting the copyright of authors in their literary, artistic and scientific works and the copyright-related rights and interests, of encouraging the creation and dissemination of works which would contribute to the construction of socialist spiritual and material civilization, and of promoting the development and prosperity of the socialist culture and science.

Does Mao advertising Nike on a reproduction of a painting contribute to the construction of socialist and material civilazation?

Article 46 Copyright Law: Anyone who commits any of the following acts of infringement shall bear civil liability for such remedies as ceasing the infringing act, eliminating the effects of the act, making an apology or paying compensation for damages, depending on the circumstances: (4) distorting or mutilating a work created by another;

The original maker of the Mao portrait could claim this personal right was breached.
I think that the artist by using parody makes a statement that refers to China's effort to combine socialism and capitalism into a hybrid. However, parody is at the moment in China not protected under the Copyright Law.

Head tip to Susan Scafidi of Counterfeit Chic. Read her excellent Knockoff News Edition 76 here

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