Taken from artnews.com | Author: Karen K. Ho | Date: 21 February 2023
The Joan Mitchell Foundation has accused luxury fashion company Louis Vuitton of reproducing without permission at least three works by the Abstract Expressionist in an advertising campaign featuring actress Léa Seydoux for handbags that retail up to $10,500.
On Tuesday, the Foundation, which stewards Mitchell’s legacy and has provided millions in direct artist support in the decades since the artist’s death, sent a cease and desist letter to Louis Vuitton Malletier demanding that the company withdraw the campaign, and give a full accounting of the advertisements purchased and an apology.
“It’s important for folks to understand that this wasn’t something we agreed to,” Foundation executive director Christa Blatchford told ARTnews. “How did it even happen, is my question. I honestly don’t understand how it happened on their side. I really don’t.”
Starting last December, prior to the campaign’s launch, Blatchford said, Louis Vuitton had reached out several times to the Mitchell Foundation, which manages the licensing of all images of Joan Mitchell artworks, to request permission to use the works in an upcoming series of ads. The Foundation, however, repeatedly turned down the company’s requests due to a long-standing policy that images of Mitchell’s work be used chiefly for educational purposes and have extremely limited commercial use, such as merchandise for an exhibition.
“We really believe in scholarship,” Blatchford said. “We want to make sure Mitchell’s images are available freely to scholars and museums as they’re using them. That has been our emphasis.”
According to Blatchford, Jean-Paul Claverie, art adviser to ARTnews Top 200 Collector and LVMH chief executive Bernard Arnault, even offered the foundation a donation in exchange for permission to use the photos in the ad campaign. The foundation continued to refuse.
The company nevertheless went ahead with the campaign, which first appeared in the New York Times Sunday Style section on February 12, as well as online. Advertisements for the company’s Capucine handbags feature Seydoux holding the bags in front of three Mitchell paintings: La Grande Vallée XIV (For A Little While), a triptych from 1983; Quatuor II for Betsy Jolas (1976); and Edrita Fried (1981).
“It’s one of those [situations] where the attorneys are so clear about it just being black and white,” Blatchford said. “We have documentation of the request. We have all of our agreements, all spelled out, and it was just disregarded.”
In an email, LVMH, Louis Vuitton Malletier’s parent company, told the New York Times, which first reported the story, that “Louis Vuitton will not comment.” ARTnews requests for comment on the situation to Fondation Louis Vuitton were redirected to LVMH, which in turn did not respond by press time.
The advertisements feature cropped images of the artworks and appear to be taken during a major exhibition that paired Mitchell’s work with that of Impressionist Claude Monet. They were shown at none other than the Fondation Louis Vuitton, a private museum on the outskirts of Paris. The images do not credit Mitchell or the Foundation. Blatchford pointed out that February 12 is also Mitchell’s birthday.
In a statement addressing the unauthorized use of Mitchell’s art, the Foundation said, “By permitting these works to be photographed for this purpose and in this manner, the Fondation Louis Vuitton is in violation of its agreement with JMF.”
The Fondation Louis Vuitton’s lauded “Monet – Mitchell” exhibitioin, which closes February 27, features 35 paintings by Monet, including works from his famed “Water Lilies,” in dialogue with 35 of Mitchell’s paintings and pastels.
Though the Fondation Louis Vuitton is an entity legally separate from Louis Vuitton Malletier, both are owned by LVMH, the French multinational luxury conglomerate.
“It is disheartening to realize that what we thought of as distance between the two entities doesn’t seem to be in existence, in the ways that we would have expected,” Blatchford said, referring to the Fondation and the Malletier. “There’s some hope I have that distance actually gets solidified so that Fondation Louis Vuitton could do its work in the right way.”
Blatchford said the Joan Mitchell Foundation may change its stance on commercial use of Mitchell’s artwork in the future, but this experience with Louis Vuitton has put a damper on that possibility. “What’s problematic is that opportunity to have a first commercial partnership was completely taken away,” she said.
For its part, Louis Vuitton, as a company, takes the intellectual property and protection of its own visual trademarks seriously, like its iconic logo. Its website reads that the company has a “zero-tolerance policy” regarding counterfeiting, and its intellectual property department “initiated more than 38,000 anti-counterfeiting procedures worldwide” in 2017. The website continues, “preserving the creativity and the rights of designers, artists, and brands is vital to their long-term survival.”
Because the Capucine handbags featured in the advertisements sell for up to $10,500, Blatchford found that detail to be “incongruent” with the mission of the late artist’s foundation to support living artists, adding that “it’s shocking to us that they’re using Mitchell’s artwork for luxury in that way.”