Who Owns The Copyright to The Banana Duct Taped To a Wall

If a Banana Gets Duct Taped To a Wall, Is It Copyrighted or Can It Be Trademarked Art?

banana duct taped to the wall photo
my banana duct taped to the wall photo
With the banana taped to a wall craze (Time: why you are seeing taped up bananas all over the internet), everyone is taking on the trend and adding a twist - car dealers are taping bananas to car hoods, which is crazy in itself if a manufacturer has to spend millions on design and it requires a dollar in tape and fruit to attract eyeballs, instead of the design. People are sending banana and duct tape texts with jokes. Some are posting to Facebook, with their own banana and tape quotes, about how absurd it is for a piece of art to sell for so much - 120k - and then how even more absurd it was for someone to eat the art installation, declaring that "it's a good banana."

And, in this blog, me going to my kitchen and sticking a banana to the wall with duck tape from the closet.

But, who owns the copyright or trademark to such a thing? One would think the manufacturer of the tape would have some claim, although the trademark could simply be silver nondescript tape over a yellow banana. One might also wonder if the yellow banana is patented by the company that grew it?

Then, because it is so easy to replicate, maybe it is not strong enough to earn a trademark? It is like one cannot trademark a common word or common item.

Perhaps some attorneys will be able to comment on this and get the banana / tape / intellectual property conversation party started.

Otherwise, expect to see pins, posters, shirts, socks, and toys of....the taped yellow banana: everywhere.


2 comments:

  1. it can't be copyrighted because it's an idea but any visual depiction can be protected as their version. This one in Miami is Conceptual art too so when someone is selling their depictions of a concept, say in printed form, then that's not the same thing as the concept (which is that banana duct taped to that wall), it's a photo of that concept but done with your own banana and duct tape. All bananas are different with their own unique markings, so that's your banana and not anyone else's. So whether someone does a painting, photograph,etc of their banana duct taped to a wall,prints it on a tee shirt or bed sheets, they would own the copyright to that, but not anyone else's version of course.

    ReplyDelete
  2. P.S. -- and this one is called The Hummingbird, which is different than the other one which is called The Comedian. But who really knows, it's just an art absurdity with roots in Marcel Duchamp and the DaDa art movement of the 20's but also related to the Pop Art movements worship of the banal. Here is The Hummingbird at this link. https://www.arttogo.com/store/c6/art-to-go_-_Tee_Shirts.html#/

    ReplyDelete