Brought to you by Azmina Jasani and Emelyne Peticca, who believe that if “the Warhol [v. Goldsmith] case is any indication, [Richard] Prince has an uphill battle to prove that he made fair use of [Donald] Graham’s image.”

Jasani and Peticca point out one other aspect of note re: the Second Circuit’s amended decision:

The Second Circuit concluded that “just as artists must pay for their paint, canvas, neon tubes, marble, film, or digital cameras, if they choose to incorporate the existing copyrighted expression of other artists in ways that draw the original work’s purpose and character . . ., they must pay for that material as well.”

Sounds like appropriation artists are being analogized to Hollywood filmmakers.

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. There is no shortage of articles being generated online, and often those content producers simply canvass the web to find a suitable photo. These three cases address fair use in this context.

A very good article by Venkat Balasubramani on the ever-present question.

APPLICATIONS FOR THE NEXT TERM ARE NOW BEING ACCEPTED. The deadline for submitting your application for the next term is November 30, 2021.

At this time, given recent Covid developments, we are hoping to do the next term in-person during a three-day weekend intensive. In addition, we have yet to confirm (1) whether this three-day weekend intensive will take place this fall or in the spring of 2022, and (2) whether this three-day weekend intensive will take place in New York City or in Austin, Texas.

One other item: the Program is going through some seminal changes. In particular, the next term will also focus in part on one or two important artists whose work does NOT necessarily engage the law. The artists under consideration are: Mike Kelley, Bruce Nauman, Donald Judd, Cady Noland, David Hammons, Larry Clark, and Gabriel Orozco.

At this point we have not yet made any decisions on acceptances or rejections.

Please read this page for all information on dates, times, location, and possible retreat. If you have any questions , please email Sergio Munoz Sarmiento at sms@artlawoffice.com

The famous Nirvana baby on why he’s suing…Nirvana.

Eric Goldman gives us a generous overview of the Copyright Claims Board, otherwise known as the CCB. Enjoy!

So to speak. Although to some in the art industry Pornhub’s appropriation of classic artworks seems a bit tasteless. What do you think?

I’ve received a few emails asking why I haven’t posted since, well, sometime this past April. Summertime tends to be a bit slow in the art industry, and there really isn’t much going on art law-wise, so I feel no need to add fluff to fluff.

I’ll be back when there’s a there there. Happy summer!