November 2nd, 2010 by Sergio Muñoz Sarmiento in Copyright
October 29th, 2010 by Sergio Muñoz Sarmiento in Copyright
The Copyright Office is publishing a Federal Register notice requesting written comments from all interested parties on the desirability and means of bringing sound recordings fixed before February 15, 1972, under federal jurisdiction.
Unlike sound recordings created on or after February 15, 1972, which are protected by federal copyright law, these earlier sound recordings currently are protected under a patchwork of state statutory and common laws from their date of creation until 2067. The Office seeks these comments to assist it in conducting a study on pre-1972 sound recordings at the direction of Congress. Specifically, the Office seeks comments on the likely effect of federal protection upon preservation of and public access to pre-1972 sound recordings and the effect upon the economic interests of rights holders.
The Office also seeks comments on how the incorporation of pre-1972 sound recordings into federal law might best be achieved. The notice of inquiry is now available at www.copyright.gov/docs/sound. The deadline for comments will be December 20, and reply comments will be due 30 days later. The notice will appear in the Federal Register on Wednesday, November 3.
October 28th, 2010 by Sergio Muñoz Sarmiento in Education
Fordham Law School’s Intellectual Property, Media & Entertainment Law Journal Presents:
Is Silence Golden? Ethics and Intellectual Property Law Symposium
When: Friday, November 5th, 2010
Where: James B.M. McNally Amphitheatre, Fordham Law School, NY, NY
The Ethics of Take Down Notices Under the Digital Millennium Copyright Act
Revisiting the Doctrine of Inequitable Conduct Before the Patent and Trademark Office
The Rise of Unbranding in Trademark Law
For more information on guest speakers and topics, click here.
October 28th, 2010 by Sergio Muñoz Sarmiento in Criminal
This is the week of forgeries and frauds. The Guardian reported today that and individual by the name of Jonathan Rayfern was jailed today for 16 months after selling forgeries of works by the artist Tracey Emin, for approximately $41,500 (£26,000). Rayfern made at least 11 fakes after working alongside Emin at her gallery in London in order to study her methods. He sold the forgeries to two unsuspecting buyers on eBay.
More via The Guardian.
October 27th, 2010 by Sergio Muñoz Sarmiento in Criminal
The FBI Wilmington Resident Agency and the FBI Art Crime Team seized a forgery of Andrew Wyeth’s Snow Birds. The fraudulent painting had been placed for sale at a major auction house in New York. Initial estimates placed its value at between $300,000 and $500,000. The actual Snow Birds painting was painted by Andrew Wyeth in 1970.
The seizure was announced yesterday by the U.S. Attorney for the District of Delaware.
Via FBI Website.
A US TV auctioneer who helped to sell $20m in forged art to more than 10,000 customers has been sentenced to five years in prison. Via the BBC.
I’ll be on NYC’s WBAI Radio (99.5 FM) on Friday, Nov.5th, speaking with radio host and friend Susan Lee about legal issues for artists. The show is called You and Your Money, and runs from 10:30am to 11am. We’ll be covering a bit of everything: from contracts, corporations, and LLCs, to copyright, contracts, and artist/gallery relationships. You can listen in via web here.
I’ll also be at speaking to The Intellectual Property and Entertainment Law Society (IPELS) of the New York University School of Law tomorrow about art law with law students while enjoying a great lunch and drinks. They’re a super group with intelligent and challenging questions, and always fun and exciting to speak with. Really looking forward to both!