WILLIAMSBURG — A Brooklyn landlord is fighting $25,000 in city fines levied against him over two Shepard Fairy murals promoting an Interpol album — claiming in a lawsuit that the paintings are not advertising, but art.
Patrick Kilduff, the lawyer for the building owner Jean Sausa, admitted that his client violated city rules with an earlier, more obvious advertisement on the side of 556 Driggs Ave., but that the subsequent work by Fairey was creative work and therefore protected.
The murals by Fairey, who designed the "Hope" poster for the 2008 Obama campaign, promoted Interpol's 2014 album "El Pintor."
The two murals, each two stories tall and mirror images of one another, depict a pair of hands rubbing together, painted in bold red and and black colors typical of Fairey's work.
Artist Shepard Fairey painted Interpol-inspired mural (Driggs Ave and N. 7th St, Williamsburg) http://t.co/Ox7Xlm4RzY pic.twitter.com/GwOuN4Dwra
— curepol (@curepol) November 25, 2014
Fairey's work, in fact, did nothing for the album, argued Kilduff, who asked the city to let the landlord off with a $12,500 fine.
"The art installation did not direct attention to a song, album, band, product... as contended by DOB," the lawyer said.
Kilduff didn't return a request for further comment.
Lawyers for the city previously pointed out that the album cover with the same design and posters with Fairey's design were on sale on ebay for $300, records show.
The lawsuit, filed last October and first reported on by the New York Post, was transferred to an Appeals Court in June, records show.
Fairey, the city's law department and managers for Interpol didn't immediately return requests for comment.
