Artist Behind Banana Taped to Wall Can’t Escape Copyright Suit

The artist behind a viral sculpture featuring a banana taped to a wall at the 2019 Art Basel fair in Miami was unable to immediately shake a lawsuit claiming he copied the artwork from another artist.

The idea of a banana duct-taped to a wall is uncopyrightable, but the specific “selection, coordination, and arrangement” of the various elements of the sculpture can receive a degree of protection, Judge Robert N. Scola Jr. said in his Wednesday opinion.

At this early stage of the suit, artist Joe Morford sufficiently argued that the Art Basel exhibit, known as “Comedian,” was substantially similar ...