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.
Interesting article via JD Supra on an issue that keeps coming up: whether non-commissioned, illegal street art on private property is blessed with intellectual property and moral rights.
“…despite the growing recognition of Black Lives Matter-inspired street art, including murals, illegally placed artwork will likely be subject to the wishes of the property owner. Even when an artwork achieves VARA protection, courts may still deny relief when the artwork has been installed without authorization from the property owner. Accordingly, artworks that are affixed to property, without the property owner’s permission (e.g., vandalism), may be subject to destruction, removal, or transfer of that particular manifestation.”
It seems inevitable that others who traded on this basis—loans against art—may find themselves in difficulty because of the Covid-19 pandemic. We have already heard numerous reports of discounting, and with lower prices, borrowers may struggle to pay back their debts.
A shrinking market could also have an impact on another strategy, that of betting on art via auction guarantees.
Attorneys looking for some interesting copyright content while getting that coveted CLE may want to look at this PLI program. You can even access this Practicing Law Institute webcast from the comfort of your own home and sweatpants. I’ll be leading the discussion around public art. Webcast will take place on June 25, 2020 starting at 9am EST. There are 5 other great presenters and practitioners leading very interesting discussions as well. Hope you can join us!
Overview
Why You Should Attend
Copyright law continues to evolve in ways than inevitably capture public attention. Recent years have delivered headline changes to what was once considered settled tenets of copyright law. This program features a comprehensive review of copyright basics and its latest updates, covering the fundamentals behind copyright’s origins and enforcement considerations as well as key case law and regulatory developments. Lawyers new to the practice should find this program to serve as a helpful primer whereas experienced copyright lawyers should find the coverage of recent updates most helpful.
What You Will Learn
– Basic Principles of Copyright Law – Enforcing Copyrights – New Cases in Copyright Law—Internet and Beyond – Intermediary Liability and the DMCA – Copyright Issues in Visual Arts
Who Should Attend
Attorneys new to copyright law and more experienced practitioners seeking a review of the latest updates should find this program to be helpful.
On June 4, the Estate of Chris Burden filed suit against the Rabbit Town park in Bandung, West Java, and its owner, Henry Husada, in the Commercial Court at the Central Jakarta District Court. The suit alleges that Rabbit Town’s Love Light looks too similar to Burden’s famed Urban Light (2008) sculpture.
This past March, the developer defendants in the 5Pointz moral rights lawsuit filed a motion in the Second Circuit seeking a stay of the issuance of a mandate pending their filing of a petition for a writ of certiorari in the U.S. Supreme Court. Will the Supremes agree to hear this property vs. expression case?
The temporary injunction order issued Monday says the state is a party to a deed recorded in March 1890 in which it accepted the statue and agreed to “faithfully guard” it.
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