Jury Awards $102 Million in Robert Indiana Copyright Case

On April 23, a federal jury in Manhattan awarded $102.2 million in damages to the Morgan Art Foundation, ruling that art publisher Michael McKenzie was guilty of creating and selling unauthorized artworks by Robert Indiana. This decision may wrap up a legal dispute that started just a day before Indiana's passing on May 19, 2018. The Morgan Art Foundation, which collaborated with Indiana in 1999, holds the rights to his famous "LOVE" design. Although McKenzie collaborated with Indiana on a "HOPE" piece for Barack Obama's 2008 campaign, subsequent works attributed to Indiana, including the "BRAT" sculpture commissioned in 2017, raised authenticity concerns. The lawsuit also claimed that McKenzie and caretaker Jamie Thomas took advantage of the elderly artist. Morgan's attorney, Luke Nikas, stated that the verdict "restores trust to the Robert Indiana market." McKenzie's lawyer, Nicole Brenecki, mentioned that he is contemplating an appeal. In 2021, the conflict between Morgan, Thomas, and the Indiana estate was resolved. Currently, Morgan is working with Star of Hope, the foundation established by Indiana, to transform his former residence into a museum. Star of Hope is collaborating with Olney Gleason gallery in New York to revitalize Indiana's market. Indiana's auction record, which has remained above $4 million since 2011, was set at Christie's New York. After moving to Vinalhaven, Maine, in 1978, Indiana had a retrospective at the Whitney Museum of American Art in 2013.