Will textualism save our copyright planet? Warhol Fdn v. Lynn Goldsmith headed to SCOTUS
Images of Goldsmith and Warhol at issue.
The U.S. Supreme Court will review a ruling that an Andy Warhol print infringed a copyrighted photograph taken by photographer, Lynn Goldsmith, of the late musician, Prince.
We certainly hope--as much as one can hope for anything these days--that SCOTUS cleans up the wasteland that has become of "fair use" interpretation.
One would think, and hope I suppose, that with many of the sitting justices adhering to textualism, they will fully jettison the nonsensical "transformativeness" test that has plagued us like a really bad case of Covid since the mid-1990s.
Docs here, via ...
Podcast: Stephanie Drawdy and Sergio Munoz Sarmiento on All Things Art and Law
Marcel Duchamp archives now online, free of charge
The Philadelphia Museum of Art, the Centre Pompidou, and the Association Marcel Duchamp have digitized their vast archives of material on the Dadaist and placed it online, where it is free to all. Enjoy!
The Art & Law Coloring Book
If you have kids at home and want them to do something fun and educational, try the Art & Law Coloring Book, an ongoing project by The Art & Law Program. Really a great collection of drawings by great artists, including:
Emma Jane Bloomfield Damien Davis Molly Dilworth João Enxuto Soda Jerk Clare Kambhu Alexandra Lerman Erica Love Douglas Melini Sergio Muñoz Sarmiento Melinda Shades Elisabeth Smolarz Gabriel Sosa Alfred Steiner Valerie Suter
Happy coloring!
What are NFTs and what does it mean to own one?
If you're confused as to what the hell NFTs are, particularly art NFTs, here's a new article by Alfred Steiner that pretty much walks you through and safely out of the NFT hell.
In his article, Steiner explains what NFTs are and what it means to own one. He also discusses why that meaning of ownership—which may appear novel to many—isn’t new at all when considered against the backdrop of the market for conceptual art. Steiner concludes with some observations about how NFTs may be good and bad for the art industry.
Felix Gonzalez-Torres interviewed by Hans-Ulrich Obrist for the Museum in Progress’s, “Portraits of Artists”. Follow The Felix Gonzalez-Torres Family Archive via Instagram, and via their website. This is very, very rare footage which, as you can see from the comments, allows the viewer to hear Gonzalez-Torres’s voice for the first time.
museum in progress organised the series “Portraits of Artists” (1992–2001) – conversations with international artists who were exhibiting and/or taking part in a symposium in Vienna. The interviews of different lengths were recorded in the blue box with the artists as talking heads face on to the camera and the interviewer’s voice off-screen. The artists usually chose their interview partners themselves, creating a basis of trust between the interlocutors. The artists were also able to choose the background colour, which was added afterwards, and decide which parts of the interview should remain in the final version and which should be edited out. Thanks to this artistic concept, which was conceived by Peter Kogler and museum in progress, the interviews offer authentic portraits of the artists.
It is clear from the outset that the primary purpose of the bill is to add a postmortem provision to New York law, one that would extend rights for forty (40) years after a person’s death. The bill also would address concerns over the use of digital replicas of deceased individuals. The bill also will protect people from the circulation of nonconsensual intimate images, including simulated performances.
The Copyright Office will host a webinar on July 15, 2020, at 2 p.m. eastern time on the new group registration option for short online literary works—for example, blog entries, social media posts, and online articles
Under this option, applicants may register up to fifty short online literary works with one application and one filing fee. To qualify, each work must contain at least 50 but no more than 17,500 words. The works must be written by the same individual, or co-written by the same individuals, and each writer must be named as the copyright claimant or claimants for each work. The works must be first published online within a three-calendar-month period. If the Office registers the claim, the registration will cover the text in each work as a separate work of authorship.
Put briefly, their use of photographer’s photo is fair use. Opinion from Southern Dist of NY here. That’s the image in dispute, of Eddie Van Halen, above right. Incidentally, are you a David or Sammy fan?
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