When walking down the street in the Wall Street district of New York City, it is difficult to miss the famous “Charging Bull” statue. The giant, three-and-a-half-ton, 11-foot bronze statue has been a staple in the district since 1987.
Recently, a new statue, “Fearless Girl”, has entered the ring to challenge the “Charging Bull.” “Fearless Girl” was placed on a traffic island adjacent to the “Charging Bull” on March 7, 2017, one day prior to International Women’s Day. The statue, created by artist Kristen Visbal, is a 4-foot girl posed with her fists on her hips, giving the appearance that she is defiantly staring down the powerful bull.
The artist of the bull, Arturo Di Modica and his attorney stated in a press conference that the placement of the “Fearless Girl” is an insult to his work, and is an infringement to the copyright and trademark he has obtained for the statue. Di Modica’s attorneys feel the girl statue infringes on Di Modica’s artistic copyright to the ‘‘Charging Bull,’’ by changing the creative dynamic to include the other bold presence.
In 1987, Di Modica placed the bull, without a permit, in front of the New York Stock Exchange after the stock market crashed. The bull was meant to be a symbol of the financial resilience of America. Di Modica emotionally stated the bull, to him, symbolized “freedom in the world, peace, strength, power and love.” Di Modica feels the placement of the girl is “attacking the bull.” Norman Siegel, one of Di Modica’s attorneys said the placement of the “Fearless Girl,” in front of the “‘Charging Bull’ no longer carries a positive, optimistic message,” adding that Di Modica’s work “has been transformed into a negative force and a threat.”
The “Fearless Girl” statue was placed across from the bull by an investment firm, State Street Global Advisors. The company commissioned Visbal to create the statue as a way to bring attention to the gender pay gap and the lack of corporate positions held by women in the financial sector. The investment company is also the creator of SHE, an index that tracks gender diversity in companies.
Di Modica and his attorneys’ feel that State Street is using the “Fearless Girl” statue as a marketing ploy as the plaque that sits at the feet of the statue uses specific capital letters and reads “Know the Power of Leadership, SHE makes a difference.” The use of the index’s name on the plaque can be argued as commercial use of “Charging Bull,” Siegel said, which is in violation of Di Modica’s trademark rights.
Attorneys for Di Modica feel that, in addition to copyright infringement, their client’s rights are also being violated under the Visual Artists Rights Act of 1990. This is a federal law that protects artists from “any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation.” The attorneys stated, “[i]n our opinion, a deliberate choice was made to exploit and to appropriate the ‘Charging Bull’ through the placement of ‘Fearless Girl.'”
The “Fearless Girl” was originally granted a temporary, one week permit but after the social media craze and thousands of letters the Mayor’s office received from citizens and politicians, New York City Mayor Bill de Blasio has extended the permit until next year’s International Women’s Day. On March 27, 2017, De Blasio stated the statue symbolized “standing up to fear, standing up to power, being able to find in yourself strength to do what’s right.” After the press release with Di Modica and his attorneys was issued, De Blasio took to Twitter and said “[m]en who don’t like women taking up space are exactly why we need the Fearless Girl.”
Di Modica and his attorneys are not against gender equality, they just want the “Fearless Girl” moved to another location, and stated “there are issues of copyright and trademark that needed to be and still need to be addressed.”
State Street has been inundated with support from all over the world and the company released a statement that said, “[w]e continue to be grateful to the City of New York and people around the world who have responded so enthusiastically to what the Fearless Girl represents — the power and potential of having more women in leadership.”
Di Modica’s attorneys have not filed a formal lawsuit and had no comment on if or when that would happen. Siegel said they are seeking unspecified monetary damages for Di Modica and asking the city to move the statue.
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