Friday, August 7, 2020
 


“original intent of the work…”

Kinda like, original intent of the framers?

 

Black Lives Matter Murals: Intellectual Property vs. Real Property Rights

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.”

 

Covid, art loans, and guarantees

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.

More here.

 

Fundamentals of Copyright Law in the Data Era

Copyright Notice in black and white

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.

More info here.


 

Who owns urban lights? Chris Burden’s ghost does!

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.

More here.

 

How street art is pushing up house values

Story here (need subscription).

 

5Pointz Developer Aiming for Supreme Court Review

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?

More here.

 
 
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