Court in the UK Denies Artist's Last Plea Following Contrived Remorse for Fishing Corporation's Purported Involvement in the 'Fishrot Controversy'
In a high-profile clash between artistic freedom, whistleblowing, and intellectual property laws, the UK High Court has ruled against Icelandic artist ODEE (formerly Oddur Eysteinn Friðriksson) in a case concerning his digital satirical artwork, We're Sorry.
Launched in 2023, We're Sorry took the form of a website mimicking the corporate site of Samherji hf, Iceland’s largest fishing company. The artwork presented a fictitious apology from Samherji regarding its alleged involvement in the Fishrot scandal, which exposed bribery and corruption tied to fishing quotas in Namibia.
The court ruled that ODEE must relinquish control of the website domain, rejecting his appeal to keep ownership. The court held that the site was not a parody protected by freedom of expression rights under the Human Rights Act but rather deemed it an “instrument of fraud” and found that the work infringed Samherji’s intellectual property rights, including claims related to copyright breach, malicious falsehood, and passing off.
Samherji argued that culture jamming, ODEE's conceptual artistic practice, does not fall under the Oxford English Dictionary's definition of art. The Icelandic artist, however, intends to take the case to the European Court of Human Rights, arguing for artists' free expression rights.
The Fishrot scandal, which the artwork critiques, involves whistleblower Johannes Stefansson’s 2019 revelations (Fishrot Files) that executives at Samherji paid bribes to Namibian officials to gain access to lucrative fishing quotas. This corruption controversy has had significant repercussions for local Namibian fishers and spotlighted abuses of power within the fishing industry.
Last November, a judge in the UK ruled in favor of Samherji against ODEE. Judge Anthony Mann ruled that ODEE must give up control of the We're Sorry website, including access to the domain. Baldvinsson, then-CEO of Samherji, stated that the ruling clearly distinguishes between legitimate artistic expression and the misuse of a registered trademark.
For those with information regarding tip-offs or art world stories, contact information is provided: gnelson@our website. All correspondence will be confidential.
[1] Source: The Guardian [2] Source: The Reykjavik Grapevine [5] Source: Iceland Monitor
- The art world witnessed a significant legal battle in 2023 between Icelandic artist ODEE and Samherji, Iceland’s largest fishing company, over the digital artwork, "We're Sorry."
- The court verdict mandated ODEE to relinquish control of the "We're Sorry" website domain, determining it to be an "instrument of fraud" that infringed Samherji’s intellectual property rights.
- ODEE, who intends to challenge the ruling at the European Court of Human Rights, argues for the preservation of artists' free expression rights, contrary to Samherji's claims that culture jamming, ODEE's artistic practice, is not art as defined by the Oxford English Dictionary.
- The Fishrot scandal, a corruption controversy surrounding Samherji and lucrative fishing quotas in Namibia, has been a subject of general news, with whistleblower Johannes Stefansson’s revelations drawing attention to abuses of power within the fishing industry.
- For information regarding tip-offs or art world stories, confidential correspondence can be made through [gnelson@our website].
