Velvet Underground Add New Complaint in Warhol Lawsuit

The Velvet Underground have added a new complaint in their lawsuit against the Andy Warhol Foundation. The band, who claim the foundation has illegally licensed the iconic banana image from the cover of their debut album, The Velvet Underground and Nico, have amended their complaint to backtrack on their contention that the artwork is in the public domain.

The Velvet Underground's lawsuit asserts that while the image itself is in the public domain, it has acquired a "secondary and distinctive meaning" that is almost exclusively associated with the band and their music. As such, the group objects to the Andy Warhol Foundation selling merchandise with the image, with the implication that they are official Velvet Underground products.

The newly amended suit is more aggressive in its attack on the Foundation, insisting that "even if the Banana design has not been in the public domain at all times, the Warhol Foundation can't claim copyright on it." The group and their attorneys will need to convince a judge that while no one technically owns the image, they should control how the image is used.

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Velvet Underground Add New Complaint in Warhol Lawsuit

The Velvet Underground have added a new complaint in their lawsuit against the Andy Warhol Foundation. The band, who claim the foundation has illegally licensed the iconic banana image from the cover of their debut album, The Velvet Underground and Nico, have amended their complaint to backtrack on their contention that the artwork is in the public domain.

The Velvet Underground's lawsuit asserts that while the image itself is in the public domain, it has acquired a "secondary and distinctive meaning" that is almost exclusively associated with the band and their music. As such, the group objects to the Andy Warhol Foundation selling merchandise with the image, with the implication that they are official Velvet Underground products.

The newly amended suit is more aggressive in its attack on the Foundation, insisting that "even if the Banana design has not been in the public domain at all times, the Warhol Foundation can't claim copyright on it." The group and their attorneys will need to convince a judge that while no one technically owns the image, they should control how the image is used.

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Reunited Velvet Revolver, Maroon 5, More Honor John O'Brien

Velvet Revolver plays during ‘Love You Madly' A Concert for John O’Brien at the House of Blues Los Angeles.

When we spoke last week with Velvet Revolver guitarist Dave Kushner about the reason behind the band's one-off reunion, he talked movingly about the impact his late best friend, composer John O'Brien, had on so many in music. That was clear last night when the reunited Velvet Revolver headlined "Love You Madly: A Concert for John O'Brien" at a sold-out House of Blues in Los Angeles.

While most of the focus was on VR's first gig in four years with Scott Weiland, an eclectic and impressive array of talent built up to the headlining set. Among the early highlights were local favorites Fishbone, who gave way to Tom Morello, a.k.a. the Nightwatchman. Backed by his band, Morello brought it in his three songs, from an instrumental version of Rage Against the Machine's "Testify" that had all heads bobbing to his cover of Bruce Springsteen's "The Ghost of Tom Joad," which had the crowd playing air guitar. Before the song, Morello spoke of how O'Brien's spirit was in the room.

During a fan-favorite, three-song set that included "Sunday Morning," Maroon 5 also remembered O'Brien, crediting him as a big part of their success.

Stephen Stills, joining Sheryl Crow for four songs, used his time on stage to honor another group, dedicating his rendition of Buffalo Springfield's "For What It's Worth" to "the 99 percent." Stills also rocked on a sterling "Love the One You're With," while Crow delivered raucous versions of "If It Makes You Happy" and "Everyday Is a Winding Road."

But when Weiland, Slash, Duff McKagan, Kushner and Matt Sorum took the stage together at 11:37, it was clear that the vast majority, if not all, were on hand to see the reunited supergroup. Opening with "Sucker Train Blues," the band sounded in fine form. Weiland thanked the crowd for coming and called the show "sad, but sweet too," as he recalled a show he and Sorum did for Weiland's late brother, Michael.

The singer sent out good wishes to O'Brien's family before the band picked up steam again with "She Builds Quick Machines." They continued the momentum with "Slither," then wrapped up on a quieter note with their cover of Pink Floyd's "Wish You Were Here."

As Kushner told us last week, the idea was just to get through the night, which the band did seamlessly. Though a lot of people this morning noticed a message on the band's website that said "New Velvet Revolver coming," that message has been there for some time. According to band reps, the group has no comment on any further collaboration at this time.

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Reunited Velvet Revolver, Maroon 5, More Honor John O'Brien

Velvet Revolver plays during ‘Love You Madly' A Concert for John O’Brien at the House of Blues Los Angeles.

When we spoke last week with Velvet Revolver guitarist Dave Kushner about the reason behind the band's one-off reunion, he talked movingly about the impact his late best friend, composer John O'Brien, had on so many in music. That was clear last night when the reunited Velvet Revolver headlined "Love You Madly: A Concert for John O'Brien" at a sold-out House of Blues in Los Angeles.

While most of the focus was on VR's first gig in four years with Scott Weiland, an eclectic and impressive array of talent built up to the headlining set. Among the early highlights were local favorites Fishbone, who gave way to Tom Morello, a.k.a. the Nightwatchman. Backed by his band, Morello brought it in his three songs, from an instrumental version of Rage Against the Machine's "Testify" that had all heads bobbing to his cover of Bruce Springsteen's "The Ghost of Tom Joad," which had the crowd playing air guitar. Before the song, Morello spoke of how O'Brien's spirit was in the room.

During a fan-favorite, three-song set that included "Sunday Morning," Maroon 5 also remembered O'Brien, crediting him as a big part of their success.

Stephen Stills, joining Sheryl Crow for four songs, used his time on stage to honor another group, dedicating his rendition of Buffalo Springfield's "For What It's Worth" to "the 99 percent." Stills also rocked on a sterling "Love the One You're With," while Crow delivered raucous versions of "If It Makes You Happy" and "Everyday Is a Winding Road."

But when Weiland, Slash, Duff McKagan, Kushner and Matt Sorum took the stage together at 11:37, it was clear that the vast majority, if not all, were on hand to see the reunited supergroup. Opening with "Sucker Train Blues," the band sounded in fine form. Weiland thanked the crowd for coming and called the show "sad, but sweet too," as he recalled a show he and Sorum did for Weiland's late brother, Michael.

The singer sent out good wishes to O'Brien's family before the band picked up steam again with "She Builds Quick Machines." They continued the momentum with "Slither," then wrapped up on a quieter note with their cover of Pink Floyd's "Wish You Were Here."

As Kushner told us last week, the idea was just to get through the night, which the band did seamlessly. Though a lot of people this morning noticed a message on the band's website that said "New Velvet Revolver coming," that message has been there for some time. According to band reps, the group has no comment on any further collaboration at this time.

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Velvet Underground Sue Andy Warhol Foundation For Copyright Infringement

The Velvet Underground have filed a lawsuit in a Manhattan federal court against the Andy Warhol Foundation for the Visual Arts over the iconic banana image found on the cover of their 1967 debut album, The Velvet Underground and Nico. Band leaders Lou Reed and John Cale claim that the foundation has illegally licensed the image for use on various products, including iPad cases. According to papers filed by the musicians, Cale and Reed have accused the foundation of seeking to "deceive the public" into believing that the band have given their "sponsorship or approval" to this merchandise.

The band is seeking unspecified damages for trademark infringement and unfair competition. "Inasmuch as the Warhol Foundation has such a large number of Andy Warhol designs, all of which are presumably unique works that are highly valued in the marketplace, there would appear to be no economic need to include the banana design among the designs that defendant licenses," the court papers say.

Warhol served as the band's manager and producer, and he created the logo – which includes the phrase "peel slowly and see" - from an image of a banana taken from the public domain. Warhol was paid part of the band's label advance for the design but never copyrighted the image.

The Velvet Underground have not objected to licensing the cover image in the past. In 2001, the group licensed its use for an Absolut Vodka advertisement in which the stem of the banana was changed to look like a bottle cap for the "Absolut Underground" campaign.

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