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 Reason.com on qualified immunity ("which essentially ...
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.
Art & Law Program 2019 Fall Dates Announced
Taking into consideration recent socio-cultural and political-economic developments in art, law, and education, starting in the fall of 2019 the Program will transition to an intensive three-day colloquium that will focus on specific art and law topics.
In the fall 2019, the Program will examine artists’ legacies and artists’ estates through the lens of tangible and intangible property, contracts, moral rights, freedom of expression, and corporations. This will allow us to examine how sectors of the art industry— such as academia, the gallery system, for-profit and non-profit institutions, auction houses, curatorial practices, and law—impact the practices, definitions and controversies of contemporary ...
Congress considers copyright small-claims
On May 1, 2019 Congress introduced the Copyright Alternative in Small-Claims Enforcement Act of 2019 ("CASE Act”), proposing to address small copyright enforcement issues. For background on copyright small claims, see the Office’s Copyright Small Claims report here.
U.S. Copyright Office issues report on moral rights
From the report, some surprises, some odd analysis, and some "what the hell is right of publicity doing in here?" moments. Regardless, and given our state of the union, we don't think any of these proposed amendments or bills would pass muster in the next thirty to forty years. An entertaining read nonetheless.
The first proposed change would clarify that VARA’s exclusion for “commercial art” is limited to artworks both created pursuant to a contract and intended for commercial use. The second proposed change would add language clarifying how courts should interpret the“recognized stature” requirement, requiring courts to ...
Comments Off on 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 Reason.com 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.”).
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.
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.
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’.
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.”
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