Andrew Small, the artist behind the ‘C’ sculpture in Roker Sunderland has threatened legal action against Sunderland AFC following the alleged unauthorised use of an image of his sculpture on the club’s 2025-26 away kit, which he claims amounts to copyright infringement of the work.
The ‘C’ sculpture consists of an aperture made from granite which features a view point of the iconic Roker lighthouse when it is looked through. Small was commissioned to create the sculpture in 2008 by Sunderland City Council and its position marks the end of the sea to sea cycle path.
The away kit features a repeated pattern consisting of a graphic representation of the lighthouse viewed through a circle which Small alleges depicts the C sculpture. Additionally, the faceted design which is carved into the granite of the C sculpture appears to be have been used on the strip’s pattern, which is a distinctive element of the C sculpture’s appearance.
Allegedly, as part of his agreement with Sunderland City Council, Small retained the copyright in the sculpture meaning that its reproduction for commercial purposes would require his permission. The artist was not contacted prior to the kit being designed and he claims he only found out about it when he was made aware by a friend. He has allegedly requested damages from SAFC as well as a license fee for their use of the image.
There is an exception to copyright infringement under section 62 of the Copyright, Designs and Patents Act 1988 for certain artistic works on public display. This provision applies to sculptures if they are permanently situated in a public place or on premises open to the public, as is the C sculpture. This exception means that making representations of publicly displayed sculptures does not constitute copyright infringement. It is possible that SAFC may seek to rely on this defence should Small progress legal action against the club.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
