Artist Files Lawsuit Against Pelicansover Social Media Posts Regarding Deflated Sports Balls
Artist Tyrrell Winston Sues New Orleans Pelicans for Copyright Infringement
In a federal court in Michigan, visual artist Tyrrell Winston has taken legal action against the New Orleans Pelicans, alleging the team has illegally used a sculpture resembling his signature grid of deflated basketballs in several Instagram posts without permission.
The case, Winston v. Pelicans, is being presided over by U.S. District Judge Linda V. Parker. Winston claims he created the original artwork, titled Manhattanhenge, commissioned by the Cleveland Cavaliers and displayed at their arena. He sent a cease and desist letter to the Pelicans last October, but the team has reportedly continued to publish and distribute posts that Winston contends are infringing.
Winston’s lawsuit asserts three counts of copyright infringement: direct, vicarious, and contributory infringement. He seeks damages and an injunction to stop further use of the allegedly infringing images.
Regarding potential defenses, while specific Pelicans’ responses have not been detailed, typical defenses in such cases could include arguing the artwork is not substantially similar, that the Pelicans’ usage falls under fair use, or that Winston’s copyright claim is invalid or limited. However, no public records so far indicate the Pelicans have filed motions or responses regarding these defenses.
Winston's art, which has been exhibited in major galleries and museums worldwide, has also been licensed to major brands like Nike and Adidas. His work was selected for display at NBA All-Star Weekend in Indianapolis in 2024, and Detroit Pistons owner Tom Gores purchased a piece and displayed it in a Pistons facility.
The Pelicans might contend that Winston has made excessive requests. It's unclear whether Winston is open to licensing his artwork and, if so, how much he demands. The Pelicans might also argue copyright misuse, suggesting that Winston is using copyright ownership to extract monopoly power.
The Pelicans might move for the dismissal of the complaint in the coming weeks. The outcome remains pending, and the case appears to be in early litigation stages with no reported settlement or court decision. Winston seeks a jury trial, monetary compensation, and an injunction that would block the Pelicans from publishing more infringing posts.
- In light of the ongoing legal dispute, the Pelicans might consider seeking analysis of the similarity between Tyrrell Winston's sculpture and their Instagram posts, as this could potentially strengthen their fair use argument.
- If the Pelicans decide to move forward with a defense of copyright misuse, they may need to provide evidence showing that Winston is using copyright ownership to exert undue control over the use of his basketball sculpture in sports-related contexts, such as the NBA.
