We share the analysis by Laura Villarraga Albino, Of Counsel and Head of our Art Law practice, on a landmark case in Spain: the Barcelona Court of Appeal has ruled against Mango for the unauthorized use of works by Miró, Tàpies, and Barceló in the digital environment. This is the first Spanish decision to recognize infringement of both economic and moral rights of visual artists in the metaverse.
The case centers on Mango’s creation of NFTs and digital reinterpretations of these iconic works for a campaign at its New York flagship store. The court determined that owning the physical artwork only allows for its public exhibition, but does not grant rights for digital reproduction, transformation, or communication in the metaverse or on social media.
This decision strengthens the protection of copyright in digital environments and highlights the importance for brands of understanding the legal framework before launching digital art initiatives.
Read the full article here.
Access the Spanish version here.
