Legendary band takes Warhol Foundation to court over banana

Legendary band takes Warhol Foundation to court over banana
Peel and sue? Velvet Underground claims non-profit profiting off use of iconic image from first album
MAY 03, 2012
By  John Goff
The Andy Warhol Foundation was accused in a lawsuit by The Velvet Underground of infringing the trademark for the banana design on the cover of the rock group's first album in 1967. The band's founders, Lou Reed and John Cale, said that the foundation infringed the design by licensing it to third parties, according to the complaint filed yesterday in federal court in Manhattan. The band, which was active from about 1965 to 1972, formed an artistic collaboration with Warhol, who designed the banana illustration for “The Velvet Underground and Nico,” which critics have labeled one of the most influential rock recordings of all time, according to the complaint. The Warhol Foundation claimed it has a copyright interest in the design, according to the lawsuit. The Velvet Underground partnership said in the complaint that the design can't be copyrighted because it's in the public domain. The banana image Warhol furnished for the illustration came from an advertisement that was in the public domain, according to the complaint. The illustration appeared on the album cover without a copyright notice and no one sought to copyright it, according to the complaint. That put the design in the public domain, the group said in the lawsuit. “The banana design is a significant element of Velvet Underground's ongoing licensed merchandising activity,” the group said. Use of the design as a trademark by the band “has been exclusive, continuous and uninterrupted for more than 25 years.” Pop Art Warhol, one of the most celebrated Pop artists, began his collaboration with the band in 1965. The group performed at his New York studio, the Factory, and in his traveling light show, the Exploding Plastic Inevitable. Warhol died in 1987. Nina Djerejian, a spokeswoman for the New York-based foundation, didn't return messages yesterday seeking comment on the lawsuit. Warhol's copyrighted works have a market value of $120 million and the foundation has earned more than $2.5 million a year licensing rights to those works, according to the complaint. The Velvet Underground is seeking a judicial declaration that the foundation has no copyright to the banana design, an injunction barring the use of any merchandise using the artwork and monetary damages. The group is requesting a jury trial. In the so-called Banana Album, the Velvets chronicled the 1960s hard-drug scene in songs written by Reed such as “Heroin” and “I'm Waiting for the Man.” Released by MGM Records, the album was a commercial failure, according to the complaint. The catalog of MGM became part of Vivendi SA (VIV)'s Universal Music Group, which has re-released the album. --Bloomberg News--

Latest News

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.