Mexico 1, Starbucks 0
Starbucks has agreed to pay intellectual property rights to the Mexican government for unauthorized use of Aztec images on a set of mugs.
The images were of the Aztec calendar stone, a basalt monolith found under Mexico City’s central square in the 18th century, and the Temple of the Moon in Teotihuacan.
Starbucks Mexico said Thursday that the supplier of the mugs had sought approval for the images from government archaeological agency since 2008, but had failed to receive it.
“Starbucks Mexico assumes responsibility … and is prepared to pay the amount corresponding to the use of these images,” a statement said, apologizing for “any misunderstanding.”
I’m pretty sure you don’t get to use images just because the rights holders don’t answer your queries, and I’m pretty sure Starbucks is aware of that.
Anyway, the mugs have been removed from the shelves for now while they settle the amount to be paid. A decision is expected next week. All that’s certain is that they’re going to make them pay.
I am intrigued. I’m pretty sure whoever carved the calendar stone is no longer with us, so how did the intellectual property in images of the stone end up with the Mexican government? Did you have to get permission for the picture in your post?
It could be worse…
In Machu Picchu, the calender stone is missing a piece as a camera doing a beer commercial hit the stone and cracked the corner off a few years ago.
I can’t remember which beer brand it was but I do remember them paying an absurd small amount of damage payment.
I think Bingley’s comment makes sense. As far as I know, intellectual property rights expire 75 years after the death of the author. So unless Starbucks used an image or illustration of the stone produced recently by the Mexican government (so IPR could be enforced on the image/illustration – not the original stone), they should be able to use the imagery and not pay a cent.
However they should give a large donation to safeguard Mexico’s rich cultural heritage anyway
Wow–this is a pretty broad definition of intellectual property. I guess, by implication, anyone who reproduces a hieroglyph could owe money to Egypt, or maybe the Hopi nation could start collecting for all those kitschy Kokopelli figures sold at every tourist stop in the Southwest…and how much does France make on those tiny Eiffel Towers?
Hi,
I’ve just called the Mexican Institute of Industrial Property because I was investigating something relating to this matter and I was told Aztec images or whatever can’t be used because they are images of something that has been created already. If Starbucks wanted to use some Aztec related image on the mugs, they could have used something based on or influenced by Aztec artwork but not imitating or copying these.
I don’t know what French or Egyptian Industrial Property Law tells about these kind of matters but it would be interesting to investigate, wouldn’t it?