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 ...
Ahh...Youth! Sergio Munoz Sarmiento. (2015 - ongoing), C-Print. © and TM Sergio Muñoz Sarmiento. All rights reserved. I had a lovely conversation with fellow lawyer and artist, Stephanie Drawdy, on the NFT craze, pets, art law, and the origins of The Art & Law Program. You can listen to the Podcast here. Hope you enjoy!
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!
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!
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.
In a suit filed in New York Southern District Court on June 9, art historian Marc Restellini alleges that the Wildenstein Plattner Institute, a nonprofit organization that supports the production of digital catalogues raisonnés and archives, has made copies of and disseminated his research on the artist Amedeo Modigliani without his permission.
More here.
The Federal Bureau of Investigation has detained Inigo Philbrick, a young art dealer who operated a scandal that has a range of disputes over works worth millions of dollars. The FBI said it had arrested Philbrick, Vanuatu, a Pacific island country, and that he was then transported to Guam. He is expected to appear before a Manhattan federal court on Monday, June 15.
More here.
Story here.
This copyright and VARA case seems to come to an end (for now). In reading the court’s opinion one gets the sense that Judge Oetken of the NY Southern District Court is a bit peeved by the linguistic acrobatics attempted by Noland’s lawyers.
The Art Newspaper’s Margaret Carrigan certainly thinks so.
Indeed, the silence of most galleries and museums about the protests has been as deafening as the sirens that have echoed through major cities across the nation—which is curious since they have been banging a loud drum about art’s relevance to society lately.
More here.
The Guggenheim recently introduced an unlikely new term, “decommissioning,” into its collections management lexicon. In its conventional meaning the word suggests the retirement of old warships or power plants. But the museum has repurposed it to designate works in its permanent collection that it has “deemed to be non-viable.”
Interesting article.
Clancco, Clancco: The Source for Art & Law, Clancco.com, and Art & Law are trademarks owned by Sergio Muñoz Sarmiento. The views expressed on this site are those of Sergio Muñoz Sarmiento and of the artists and writers who submit to Clancco.com. They are not the views of any other organization, legal or otherwise. All content contained on or made available through Clancco.com is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to Clancco.com treated as confidential.
Website Terms of Use, Privacy, and Applicable Law.