Tuesday, September 29, 2020

“The more regulation you want, that is precisely what art is not about.”

Two very dear friends of mine, Lauren van Haaften-Schick and Kenneth Pietrobono, continue their exploration of art, socialism, activism, and a slew of other isms. They asked me to chat with them about “redistribution” and the success of activist art. Well, they didn’t quite ask me about the second but I talked about it nonetheless. We also discussed my disdain for symbolic artistic acts in law and whether the purchase of a non-functioning vehicle can be deemed to be “successful.” You can listen to the podcast audio here.

If you just want the 3 minute snippet (probably all you need), here it is.


Richard Prince v. Donald Graham lawsuit hits the inner city

Images in question in the Graham v. Prince copyright infringement case.

Oral arguments took place July 28, 2020. Sorry for delay…Covid crazy over here.


Felix Gonzalez-Torres on being a spy, an infiltrator

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” (19922001) 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.

View this post on Instagram

Felix Gonzalez-Torres interviewed by Hans Ulrich Obrist for @museuminprogress – "Portraits of Artists"? ? (…)And there is also the context of that work, I mean, it's not just about two empty beds (Billboards). It could be about the way some people read it in the streets. It was about emptiness, it was about homelessness, it was about, you know, love, man – woman, man – man, woman – woman, whatever; it was about an announcement for a movie that was about to come; it was about advertisement for a White Sale at Bloomingdale's. It could be about anything. And that is exactly the way I want it to function, because some other readings would be right. But the reading that I wanted to give into the work is very subtle, it is not about confrontation, it is about being accepted, and then, once you accept these things to your life then I say to you: "But I just want you to know that this is about this" and then it is already too late, it is already inside the room.? ? The work is extremely unstable. But that is one thing that I enjoy very much. I enjoy that danger, that instability, that in-between-ness. If you want to relate it to a personal level, I think in that case that the work is pretty close to that real life situation that I am confronted with daily as a gay man: a way of being in which I am forced by culture and by language to always live a life of "in-between."? ? …And at the same time, the work is almost like a metaphor because you cannot destroy something that does not exist. The same applies to the billboard; it just disappeared but will come out again in a different cover, in a different cultural, historical context.? ? #felixgonzaleztorres #museuminprogress #portraitsofartists

A post shared by ????? ????????-?????? (@felixgonzaleztorresarchive) on


NY takes a second try at adding a post-mortem right of publicity

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.

Good overview via Jennifer Rothman.


Marcianos settle

In settling the class-action lawsuit, the foundation agreed to pay workers a total of $205,000 as well as $70,000 in legal fees[.]

More here.


How to register your “short online literary works” with the U.S. Copyright Office

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.

More here.


Metropolitan Museum triumphs in copyright dispute

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?


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.

Switch to our mobile site