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The Star, 17 September 2004 by Estelle Ellis
Artist takes dark view of
light-sculpture ad
An artist who discovered that her light sculpture has been used in a Mercedes-Benz advert without her permission is planning to sue the ad agency.
Nadya Glawé, who designs light sculptures under the name Halo, was paging through a glossy magazine when she came across the advert for the new C-class Mercedes-Benz. She was furious.
"My artwork has not been used as an incidental feature in the advertisement. It is the main feature."
"The entire visual impetus is based on my work, my style, my brand," she
said, "It is a unique, custom-made piece - a specific piece with a specific
style, a style which defines my company and what I do."
She contacted advertising agency Lobedu Leo Burnett, which offered
her R5000. "That was not good enough," said Glawé, who called an
attorney.
Legal representatives for Lobedu Leo Burnett and Glawé have been negotiating since.
Glawé's attorney, Reinhardt Buys, of Buys Inc. Attorneys, said they wanted a reasonable royalty for the use of the work.
"Although most cases of copyright infringement involve books, music or DVD's, the Copyright Act of 1978 also protects creative works such as cartoons, the hull of a boat and the design of a unique lamp," he said.
"All these works are classified as artistic and are internationally recognised as protected, copyright assets."
Buys said they had received no response from Daimler-Chrysler, which makes Mercedes-Benzes.
"We will probably go to court," he said.
NOTE: This matter was settled out of court
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