Thursday, June 20, 2019

A Texas state appeals court ruled that Texas can infringe upon copyright without risking punishment under the state’s or federal government’s “takings” clause.

After Olive sued the university, the university pushed for the case to be dismissed because the public institution has sovereign immunity, which protects state government entities from a variety of lawsuits. Olive’s side responded by arguing that the copyright infringement was an unlawful “taking” under the state’s constitution, which prohibits the government from taking private property without adequately compensating the owner.

So it appears a Texas court doesn’t think copyright infringement is a taking. I think the “takings” argument will convince a U.S. court in the near future. Until then, here’s another interesting article via on qualified immunity (“which essentially allows public officials to violate a constitutional right as long as the right has not yet been clearly established in the courts.”).


Massachusetts Attorney General Investigating MFA Boston

The Massachusetts state attorney general has opened an investigation into an incident at the MFA Boston in which a group of local school children was allegedly harassed and racially profiled during a visit last month.

More here.


Lawyers for Warhol Foundation and Lynn Goldsmith square off

Via Artnews:

In New York’s Southern District Court on Monday, lawyers for the Andy Warhol Foundation for the Visual Arts and photographer Lynn Goldsmith stood before Judge John G. Koeltl in service of their clients in a case taking up a 1984 series of Warhol screenprints of the storied musician Prince.

More here. Background on the two year old lawsuit here.


“For seasoned collectors, guarantees used to be a sure way to get a good deal.”

But what if the guarantor doesn’t really like or want the art work?


Lehmann Maupin Gallery and Former Employee Bona Yoo Settle Their Lawsuit

Half a year after Lehmann Maupinfiled a lawsuit against a former employee for allegedly stealing trade secrets, the two parties have reached an agreement and the case has been voluntarily dismissed. Background here.


“Unpaid internships” sound so sexy, but what about the legal issues?

Benjamin Sutton’s Artsy article regarding “unpaid internships” makes this type of labor use in the art industry seem so sexy. Unfortunately, Sutton does a poor job of mentioning the wide and complex legal issues surrounding so-called “internships” and employment law.

Might make for a good follow-up article; one that could focus on interviews with labor and employment lawyers. Just sayin’.


Copyright infringement by states is “once again a very serious problem.”

According to the Hollywood Reporter,

the Recording Industry Association of America told the Supreme Court that thanks to recent decisions, “States are once again free to engage in copyright infringement — no matter how widespread or blatant — without fear of having to pay any money as a result. Unsurprisingly, then, despite Congress’s efforts, copyright infringement by States is once again a very serious problem.”

The U.S. Supreme Court has agreed to review this lawsuit.


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