In 2022, Mango fulfilled one of the dreams of its founder, Isak Andic, and opened a store on Fifth Avenue in New York .. for the occasion, which he invited as a claim to actress Katie Holmes, decided to create non -fungible tókenes (NFT) with digitalized images of five works of art of Joan Miró, Antoni Tàpies and Miquel Barceló, which corresponded to his Artistic Fund (Property of the Punto Na Society). The Vegab Society (visual management entity of plastic artists) denounced it when considering that. A commercial court proved mango in the first instance, but the Barcelona hearing has finally decided to take it away. The condemnation of destroying those NFT already assume compensation for a million euros.
The fashion group tried to avoid the sanction defending their “good faith” and that tried to regularize the situation later. After all, he argued, the tókenes had no objective and were withdrawn when Vegab requested it. The commercial judge considered that there was no violation of copyright, but the Barcelona hearing is not of the same opinion: “The conduct carried out by Punto FA, SL [propietaria de Mango] It constitutes an unauthorized use of the works of Antoni Tàpies, Miquel Barceló and Joan Miró that violates the patrimonial rights of public reproduction, transformation and communication and morals to the dissemination of the work and the integrity of them. ” Promotional purpose and ”, collect the failure.
The ruling considers that point FA did not denounce the facts denounced by Vegab and committed four infractions: digital reproduction of the works, their transformation to adapt them to their business, generate NFT and advertise them through the Open Platforms and. And he argues that being the owner of the works (in this case through the Punto Na Society) does not give “right of exploitation” – anically that of “public exposure” – nor “the digital exhibition or the publicly made available to the public by wired or wireless means”, as would be the case.
On Vegab’s complaint that Mango converted the works of the three “unique and unique” artists into a claim of large -scale clothing, the magistrates of the Tenth Room of the Audience of Barcelona respond that “they have suffered a serious attack on their integrity” both by the modifications made and because they affect the “reputation and interests” of their authors, impacting on “personal interests” involved. “It is evident that the acts carried out by Punto FA represent a violation of the moral right to the integrity of the authors,” he concludes.
The ruling condemns mango to cease in its conduct and to compensate the damages derived from the violation of the rights: 500,000 euros for patrimonial damage, at a rate of 100,000 euros per work; 250,000 euros for moral damages, at a rate of 50,000 euros per work, and 380.21 euros for research expenses.
