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Velvet Underground lose copyright battle for Warhol 'banana' cover

Velvet Underground lose copyright battle for Warhol 'banana' cover

12 September 2012, 15:01 | Written by Luke Morgan Britton

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The Velvet Underground have lost their legal claim to the Andy Warhol-produced ‘banana’ album cover of their debut record.

The image, consisting of a screen-printed banana with Warhol’s signature beneath, featured on the group’s 1967 album The Velvet Underground & Nico.

But now they have been told by a judge that they do not have a valid copyright claim to said image.

US district court judge, Alison Nathan said:

“Without a specific dispute over imminent activity, a declaratory judgment here would simply be ‘an opinion advising what the law would be under a hypothetical state of facts. The Constitution gives this court no power to issue such an opinion.”

Members of the band filed a lawsuit back in January against the Andy Warhol Foundation for the Visual Arts for trademark infringement.

They may continue their aim to acquire license for the picture, or attempt securing a financial pay-out for prior misuse.

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