Looks like sculptor Anish Kapoor is collaborating with Bloomberg’s Everytown to sue NRA for using footage featuring his Cloud Gate sculpture in Chicago in their video “Clenched Fist of Truth” Assuming NRA, or more accurately NRA’s PR firm, used their own or licensed material, I can’t imagine there’s any basis for this suit other than grabbing headlines. How can you copyright any picture of an object in a public place? This strikes me as a SLAPP suit. Regular readers of this blog know I’m not the world’s biggest fan of what I’ve dubbed Angry Dana videos, but it’s free speech.
While Illinois has an anti-SLAPP provision, the applicability of state anti-SLAPP provisions in federal courts varies by circuit. Federal anti-SLAPP provisions in the 7th circuit seem applicable, but only to get the suit dismissed. I’d note that Illinois doesn’t seem to have a SLAPPback provision. Â Either way, I hope NRA pursues every avenue to recover the money spend defending against this suit.