I am a lawyer and a fine artist, (though I know little about IP or art law), and I often hve my bags (mainly Hermes and some bottega) altered by a third party professional who is skilled in aftermarket leather restoration. I currently own only one LV, a stephen sprouse black and white long alma, aKa the knitting needle alma. even if I still owned a more conventional monogram piece, I doubt that I would commission aftermarket art work bc of the monogram. When I have aftermarket work done on my Hermes bags, I somehow have an easier time treating the bag as a so called canvas for the professional service. I also have no intention of selling for profit. It’s just for my personal use. it may not be logical, but it’s my arbitrary line in the sand.
IMO, an artist transforming a bag into a different category altogether. Like LV bag scraps inserted into a wall collage. Which would be what others perceive as Art, the branded scraps simply being a component of the piece.
A private individual can also choose to alter their personal bag with a stencil, motif or image, usually done by a service specializing in that process. Still a bag, but individual aftermarket alteration. And, usually not a legal issue unless the service provider intended to mass produce illustrated bags for commercial sale to the extent that would infringe upon IP rights.
LVMH owns LV, Dior, etc, and I’ve read articles that LVMH considers dior to be the (premier luxury) crown retail jewel. Dior has commissioned artists to create what is marketed as Art Bag. It’s officially sanctioned by Dior, and often commands a premium price over regular leather bags, but not gene as high as dior bespoke couture bags or exotic. The bag is considered a Dior or LV product, and each has a limited production. Both Dior and the artists in question refer in press to these bags as art projects/bags and fashion, but not Art (Whose IP would belong to the Artist)
Jane Finds, where JF commissions aftermarket designs on a BKC or other bag and sells them for a premium. I’ve often thought that this practice, usually using distressed bags, is niche enough not to be an issue.
I believe the real issue is with the LV happy meal bag or the subject bag of the thread, if it is commercially sold as a work by the artist, rather than the artist creating after market images on the bag. Especially if the bag were commercially sold in multiples for profit. BC to the average person, it retains It’s identity as a bag rendition from a premier luxury brand (the art work is insufficient to transform or distinguish it.
While premier brands market the licensed bags as art bags, this is simply marketing, and the brand still considers them fashion. This is distinguished from the LV happy meal bag. Especially if the artist markets it as art (as the artists work product rather than that of the brand; and even if it’s priced like a car or more; it’s still recognizable as a branded bag.