More art law, vintage cheese, art market joy, Justice Ginsburg’s pants, Instagram, and litigation (to come)

Speaking of lawsuits, if you’re into videogaming and trademarks, you’ll be happy to know that video game maker Activision recently triumphed in a lawsuit against AM General, arguing that the depiction of Hummer vehicles in its video games was protected by the First Amendment.

On the other hand, if you’re posting images on Instagram and you care two cents about your copyrights, you may want to read Instagram’s Terms of Use. An opinion last week from New York Federal Judge Kimba Wood holds that by uploading an image to Instagram and designating it as “public,” you grant Instagram “a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to the Content,” which allows Instagram to allow another website, such as Mashable, as Instagram’s sublicensee, the right to embed you image in its website. One question of import is whether this also allows Instagram the right to sublicense to any other appropriators, such as non-internet users. More on this as it develops.

I leave you with some good news. Mega-corporation Land O’Lakes has decided to remove the image of a Native American woman from its packaging, leaving the landscape uncontaminated by humans or negative stereotypical references (very Corona-like, don’t you think?). Land O’ President and CEO Beth Ford said that as the cooperative, founded in 1921, looked forward to its 100th anniversary it needed packaging that reflects the foundation and heart of the company’s culture. And $14 billion in yearly sales.

If you’re looking for unique historical content, check out The Felix Gonzalez-Torres Family Archive, via its website and Instagram account (FYI: I’m an advisor to the Archive). For a good film, try The Killing of a Sacred Deer, by Yorgos Lanthimos. I can guarantee you won’t think of moral philosophy problems the same. For a book, try Vernon Subutex, by Virginie Despentes. Last but not least, for some heavy old school groovy tunes, how about The Police’s stunning 1981 release, Ghost in the Machine.

Happy and healthy week.

-Sergio Munoz Sarmiento

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