In a twist in Nirvana’s copyright battle with Marc Jacobs over the band’s smiley face design, a California artist says he created the logo, not Kurt Cobain.
over the use of the band’s smiley face design, a California graphic artist has stepped forward to say that he created the band’s logo and not, a freelance graphic designer based in Woodland Hills, filed a motion Sept. 13 to intervene in the ongoing federal litigation in the U.S. California Central District claiming to be the rightful creator and owner of the copyright design.
Jacobs' attorneys countered in court papers that the designer drew inspiration for his 1993 grunge collection from the “looks that his friends were wearing in downtown Manhattan and Pacific Northwest at the time.” Jacobs' team admitted in their court papers that their smiley face design was inspired by vintage Nirvana concert t-shirts, but said his face design was reinterpreted by using his MJ initials as the face’s eyes.
Fisher said he worked for several months collaborating with the band and Cobain on what would become the cover of the band’salbum, showing the image of the naked baby boy swimming trying to grab a dollar bill. Fisher said he then became “Nirvana’s go-to person for almost all of its graphic design needs.” He said the relationship continued even after Cobain’s death in 1994 and after he left Geffen in 1999.
Fisher says his design is exactly what was submitted to the copyright office, that he was never an employee of Nirvana, Inc. and that he never executed an agreement with Nirvana, so his work cannot be considered work for hire.that her client only learned recently that the band was “misattributing the illustration to Kurt Cobain.’
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