PLAGIARISM AND COPYRIGHT INFRINGEMENT OF GERHARD MARX’S WORK

From Warren Siebrits:

On Sunday, 19 February 2006, an ad campaign “created” by advertising agency Ireland-Davenport, for their client BMW South Africa, appeared reproduced full page in numerous Sunday newspapers.
 
This advert depicting a female nude observed from behind, has been composed very closely in style and concept to that of Gerhard Marx. Not only is the advertisement a direct rip-off of Marx’s signature style, but the advert is also composed using reconstituted map fragments which is the cornerstone of Marx’s expression. Neither Gerhard Marx, nor the Gallery authorized any reproduction or simulation of his work to either BMW South Africa or Ireland-Davenport.

Marx is a young South African contemporary artist, theatre director and scenographer who pioneered this form of visual expression five years ago in 2001. In the catalogue for his previous exhibition held at our gallery in November 2005 there is an extensive interview reproduced where the artist discusses the invention of this technique along with illustrations of some of his earliest works in this style dating from 2002. The entire publication along with all Marx’s images are clearly copyrighted, with permission expressly requested for the use of any material pertaining to Marx’s work.
 
As the representatives of Gerhard Marx’s work, it is our opinion that this campaign grossly plagiarizes and infringes on Gerhard Marx’s creative and intellectual domain. We have therefore decided to take legal action against BMW South Africa and Ireland-Davenport and have appointed the services of Dr Owen Dean of Spoor and Fisher.
 
Enquiries Warren Siebrits or Lunetta Bartz 011 327 0000.

^{(detail) SHEET # 2 : HORIZONTAL FIGURE 2 cut and reconstituted map fragments 38 x 141cm}