The 7th Circuit Court of Appeals also opines on “access,” “substantial similarity,” and why some home designs do not infringe on other home designs.
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Jeff Koons, Just In Time?
[caption id="attachment_9500" align="alignnone" width="185"] Tulips, by Jeff Koons, permanently installed outside Guggenheim museum, Bilbao.[/caption] Is Paris getting a "free" Jeff Koons? Possibly, although it seems not all is well between the city of romance and Jeff Koons. But more interestingly is what French art critic, Judith Benhamou-Huet, calls "superconceptual": the idea that what an artist is selling is only the idea. The purchaser, or in this case, the "donee," has to foot the bill for production of the artwork. Is Koons on to something? Made-to-order art? Just-in-time? Could be, and could be the reason Koons has laid off some of his painting ...
Architectural Firm Sued for Copyright Infringement…Again.
[caption id="attachment_9490" align="alignnone" width="185"] Courtesy of Joe Mabel, via Wikipedia.[/caption] Didn't this already happen once to Skidmore, Owings & Merrill, like in 2004? Yes, you can read my thoughts about that lawsuit here (around page 3). But this is a new copyright infringement claim filed also against SOM, in the Southern District of New York, on June 14th of this year. You can read more about it and the complaint here.
Can the Heavy Metal Horns Be a Registered Trademark?
[caption id="attachment_9485" align="alignnone" width="185"] The author giving us the heavy metal horns. Infringing?[/caption] Here's three reasons why Gene Simmons will fail (generic, association, and enforcement), via the LA Times. If you're looking for more laughs, read Wendy Dio's and Nikki Sixx's thoughts on Simmons' trademark extremism.
Hey, Hey, We’re the Selfie-Taking Monkeys
The appellate oral arguments for Naruto v. Slater are set for July 12, 2017, at the Ninth Circuit Court of Appeals. The briefs are available here. Dan Ballard points out an interesting fact: "Neither party cited 1 USC §8." The defense maintains that PETA is just monkeying around. PETA keeps to their argument that Naruto is the author of the photographs in question, and thus the lawful copyright holder under U.S. copyright law. More background on case here.
Legal Criticism of CAA’s Code of Best Practices in Fair Use: “Perhaps the better Best Practices is no Best Practices at all.”
Columbia Law student, Amy Lehrburger, reviews the College Art Association's Code of Best Practices in Fair Use for the Visual Arts. From her intro: This Note argues that the Code of Best Practices is a problematic hybrid of descriptive and aspirational recommendations, instructive for artists only in terms of compliance with community norms, not with legal doctrine. Rather than offering recommendations for a better Code, I will suggest that none is needed for visual artists, in part because of their unique disposition as copyright users. Lehrburger concludes, Perhaps the better Best Practices is no Best Practices at all. There is little evidence that visual artists suffer the ...
Here’s a great example of how legislators can think myopically. Germany’s recent law regulating the export of valuable artworks is having (un)intended consequences. The law, “passed in July 2016, stipulates that owners of works of art worth more than €150,000 [~$169,000 USD] must obtain an export license for work to be shipped out of the European Union.” Rather than keeping works in, the law is forcing collectors to ship their artworks out. Ausgezeichnet!
Interesting read here.
With Contraband (2010), she presents a selection of images from her photographic archive of 1,075 items confiscated by US customs and postal service officials. Simon lived at the airport for an entire week photographing an eclectic array of items.
Via Wallpaper*
No scuffle here. Jeff Koons has licensed the rights to the Seated Ballerina.
Gardner Museum Doubles Reward for Recovery of Stolen Masterpieces.
Legal scholar Eugene Volokh says, “It turns out that the answer is probably not.”
And what about projecting anti-Islam, pro-life, anti-gay, anti-semitic, or pro-cop texts? Probably still the same answer.
But, asks the eminent Volokh, do these projections run afoul of nuisance laws? You can read the answer here.
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