A London judge sided with Icelandic fishing giant Samherji in an intellectual property lawsuit against conceptual artist Odee Friðriksson (ODEE), whose work “We’re Sorry” (2023) drew attention to the company’s alleged involvement in the transnational The “Fishrot” Scandal. In one summary judgment Released on November 14, Judge Paul Richard Teverson argued that the artist’s use of Samherji’s logo and website in his work were “tools of fraud.”
In a statement shared with HyperallergicFriðriksson wrote: “Art makes waves, and it has rocked the boat of my collaborator in art, Samherji.”
“Their continued efforts to amplify ‘We’re Sorry’ have ensnared them in the criticism they sought to silence, further spotlighting their misdeeds – not only in Namibia, but also in their position on the freedom of speech and corporate responsibility. said the artist.
The corruption scandal first came to light in 2019, when a former Samherji manager leaked documents showing that the company had colluded with Namibian officials to secure a share of the country’s fishing quotas, a move that drew local fishing sector was hit hard. According to WikiLeaksthe fishing company paid Namibian officials and promised to build infrastructure in the country. Samherji has refused accusations of bribery.
In 2021, the company released a “Explanation and apology from Samherji‘deny that any criminal offense has been committed, except by the employee who made the accusations. Samherji has not yet responded Hyperallergic‘S request for comment.
According to court documents, Friðriksson, an MFA student at the University of Bergen, in May 2023 linked Samherji’s official web address in the United Kingdom to a replicated version with a homepage reading “WE’RE SORRY”. The fake website invited visitors to click on a “full press statement,” also written by Friðriksson and titled “Samherji Apologizes, Promises Restitution and Cooperation with Authorities,” complete with an unchanged company logo. The satirical publication lists a media contact for Samherji and apologizes for “corruption, bribery and neo-colonialism,” while also pledging restitution and “justice” for actions that “undermined the government of Namibia.”
Samherji sued Friðriksson for his use of the brand’s intellectual property, including in the fake press release and the British domain name. Friðriksson argued in court that his freedom of expression under the European Convention on Human Rights as an artist outweighed Samherji’s intellectual property rights and that his work was protected under parody and pastiche laws.
Judge Teverson rejected Friðriksson’s arguments, finding that the artist intended to deceive website visitors into believing that the fake website was in fact authentic. Teverson wrote in his ruling that Friðriksson would fail to defend himself in a lawsuit against claims of malice, fraud and copyright infringement.
Friðriksson’s lawyer Andra Matei told it Hyperallergic that a hearing will take place on December 17 to discuss “costs and other consequences”, and that Friðriksson plans to appeal the decision.
“We are taking on corporations with millions and millions of dollars and legal systems that have historically ignored the critical role that artists, like ODEE, play in strengthening democracies,” Matei said in a statement. Hyperallergic. “While we are disappointed, this decision has only furthered our resolve to continue this fight to the end.”
Friðriksson was also behind MOM Skya parody airline launched in 2020, complete with a booking website, flight maps and press releases announcing absurd charges for life jackets, toilet paper and ‘COVID flights’ for infected patients. On his website, Friðriksson wrote that the parody was intended to inspire the public to challenge the brand authenticity and ethics of airlines. The artist continued with the operation for several weeks before it was arrested claimed that logistics companies had reached out to offer aircraft leases and airport slots.
“All good stories need some drama, and with this statement we certainly got that,” Friðriksson said Hyperallergic via email. “’We’re Sorry’ is slowly evolving into a movement, with so many organizations, artists and other related parties realizing the significance of what is at stake. We take freedom of speech for granted – until we criticize the wrong entities.”
