Recent posts

Cariou v. Prince: Toward a Theory of Aesthetic-Judicial Judgments

Here’s another new law review article on Cariou v. Prince, and this time it’s from yours truly in collaboration with art historian and curator, Lauren van Haaften-Schick. The article is the product of a paper I presented…
Read more

Exhibition: To Shoot a Kite, at the CUE Art Foundation

“In June 2012, Sesame Street introduced Alex, a new character on its online interactive program Little Children, Big Challenges. In the short educational video, Alex admits his father is in prison after skirting questions…
Read more

Court Case Claims Australian Art Market Is 30 Percent Forgeries

On the heels of this Guardian article on why fake artworks may just be good enough, now this. A quick note on The Guardian article. The Walter Benjamin reference is a bit superficial. For Benjamin the aura did rest in the…
Read more

Who Says Rule of Law Has Run Amok?

Here’s proof that sometimes the law says what the law says. My buddy Donn Zaretsky highlights an interesting tax-law case involving a forgery and the statute of limitations. Probably also a good reminder to check the…
Read more

Harvard Law Review Note Criticizes Second Circuit’s ‘Cariou’ Opinion

File this under “Great Fucken Argument.” Here’s a Harvard Law Review note that applies a diplomatic but devastating critique to the Second Circuit Court of Appeals’ Cariou v. Prince opinion. I won’t bore you with a recap…
Read more

Should artists get future proceeds from previously sold artworks?

That’s the theme of the weekend. And all last week. Much as been written about this issue, mostly against passing such a bill, the American Royalties Too Act of 2014, which is currently pending in Congress and may get…
Read more

Ex-dictator Noriega Sues ‘Call of Duty: Black Ops II’

Manuel Noriega: “Hey, I might have been ousted by the U.S. military for questionable governmental practices, but that doesn’t mean you can use my image and portray me like a lunatic criminal, let alone profit from it.” Or…
Read more