A protracted legal battle over alleged copyright infringement involving the renowned American Pop artist Robert Indiana has concluded after eight years, culminating in a significant jury award of $102.2 million. This case centered on claims that art publisher Michael McKenzie produced unauthorized and altered versions of Indiana's celebrated works, including the iconic LOVE piece, which features the word 'love' in vibrant serif characters.
The Morgan Art Foundation initiated the lawsuit against McKenzie, asserting that his actions not only violated copyright but also undermined Indiana's reputation and market value. Following the jury's decision, McKenzie's attorney, Nicole Brenecki, indicated that they are contemplating an appeal.
In his closing arguments, Luke Nikas, representing the Morgan Art Foundation, described the exploitation of Indiana in his final days as a tragedy, attributing the orchestration of this exploitation to McKenzie. Conversely, Brenecki argued that the foundation's primary concern was financial gain rather than the protection of artistic rights. Ultimately, the jury sided with the foundation, finding that McKenzie had indeed infringed upon their rights through various works, including The Ninth American Dream (2001) and BRAT, a sculpture commemorating bratwurst.
This verdict marks the end of a lengthy legal saga that began shortly before Indiana's passing in 2018 at the age of 89. The Morgan Art Foundation's initial lawsuit targeted the executor of Indiana's estate, James W. Brannan, and his caretaker, Jamie Thomas, accusing them of attempting to isolate the artist and profit from unauthorized sales. In 2021, the foundation settled its claims against Brannan and Thomas.
Since Indiana's death, his work has been showcased in exhibitions worldwide, including a notable display in Venice in 2024 and at prestigious galleries such as Kasmin and Pace in New York in 2025. The Star of Hope Foundation, established by Indiana to support Maine artists, has collaborated with the Morgan Art Foundation to transform the artist's former home into a public art space, preserving his legacy.
In 2024, the Pace Gallery assumed global representation of the Robert Indiana Legacy Initiative, founded by dealer Simon Salama-Caro in 2022, which is tasked with overseeing Indiana's artistic heritage and archives.
