Recap via the Columbia Journal of Law and the Arts.
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Will SCOTUS opine on “Jumpman” copyright dispute?
Photographer Jacobus Rentmeester is accusing Nike Inc. of stealing his 1984 picture of Michael Jordan to create its iconic “Jumpman” logo. Rentmeester wants the U.S. Supreme Court to draw the line between when two pictures are simply similar and when one is a copy. More here. SCOTUS docket here.
Should Government Criminalize Violent Artistic Expression?
Think of an artwork, song, film, video, poster, or photograph. In fact, with the omnipresence of social media, think of expression that any person—layperson or self-proclaimed artist—may disseminate into public space and which may be perceived as threatening to a group or individual. The creator of this expression may believe that her expression is just a “passive” and aesthetic expression of her thoughts and feelings and not an expression with intent to cause actual harm to a person or group. However, that person or group may believe, right or wrongly, that the expression constitutes a true threat against them. How then do we assess whether this threatening expression is ...
Nirvana against Marc Jacobs
On December 28, 2018, Nirvana filed a complaint in California district court against Marc Jacobs for copyright and trademark infringement. Nirvana alleges that Marc Jacobs is using a smiley face design “that is obviously similar to, and an intentional copy of, Nirvana’s copyrighted image . . . with the minor differences unlikely to be noticed by the consuming public.” More here.
“Morality clauses” and the chilling of speech
This NY Times op-ed has me wondering why writers--of any caliber and subject matter--still find it so attractive to publish via third parties. Of course, if that publisher gives the writer carte blanche, and all intellectual property rights to the work, then so much the better. But if writers, most of whom already self-censor, are also asked to sign an agreement containing a "morality clause" allowing their publisher to cancel the publication of that author's text based on the author's "activity" that the publisher deems to be "immoral" or "scandalous," then clearly the author is obliged to follow certain codes ...
For the First Time in More Than 20 Years, Copyrighted Works Will Enter the Public Domain in 2019
[caption id="attachment_10187" align="alignnone" width="194"] The Bride Stripped Bare by Her Bachelors, Even (The Large Glass). (1915-23). Oil, varnish, lead foil, lead wire, and dust on two glass panels. 109 1/4" x 69 1/4". Philadelphia Museum of Art.[/caption] At midnight on New Year’s Eve, all works first published in the United States in 1923 will enter the public domain. It has been 21 years since the last mass expiration of copyright in the U.S. So, for example, Duchamp's "The Bride stripped Bare..." will be in the public domain in the U.S. More here.
February 12th, 2019 by Sergio Muñoz Sarmiento in Defamation
Comments Off on Bona Yoo Files Counter Suit Against Lehmann Maupin For Defamation
On February 8, Yoo made a formal reply and filed a counter suit against her former employer in a New York federal district court house, arguing that the suit filed by Lehmann Maupin was “not to redress any wrongs by Ms. Yoo,” but “to spite its former employee” for pursuing “a promising career opportunity at another prominently-known art gallery.”
More here.
February 8th, 2019 by Sergio Muñoz Sarmiento in Art Law / Right of Publicity
Comments Off on Gumby sues Alexandria Ocasio-Cortez
The flexible toy dummy, GUMBY, is suing Alexandria Ocasio-Cortez for appropriating his image without his consent. “It’s very disturbing to wake up and all of a sudden see yourself on national television,” said GUMBY. “To use my image, likeness, and voice for political gain is outrageous.” When asked if he would consider withrawing his lawsuit and license his image to AOC, GUMBY quietly retorted, “That is something where I just won’t bend.” The colorful lawsuit alleges right of publicity, copyright, fraud, misrepresentation, trademark and violations of the Foreign Agents Registration Act, and asks for injunctions and damages for emotional distress and mental anguish.
February 7th, 2019 by Sergio Muñoz Sarmiento in Deaccessioning
Comments Off on Gasp! Guggenheim to deaccession artwork
Sotheby’s announced last month that it would offer Zao Wou-Ki’s large-scale 1958 untitled oil painting in its Hong Kong Modern art evening sale in March, where it is poised to bring in $7.7m-$10m.
February 7th, 2019 by Sergio Muñoz Sarmiento in Copyright
Comments Off on Artist sues Ariana Grande for copyright infringement
A scene in Ariana Grande’s 2018 music video God is a Woman allegedly plagiarised the work of the Russian-American artist Vladimir Kush, according to a complaint filed by the artist [on January 31, 2019] against the singer, her record label and others involved in making the video.
More here.
Comments Off on Postmortem Right of Publicity Statutes and the Dormant Commerce Clause
For the nerds out there, here’s a law student note on rights of publicity.
This Note argues that current state postmortem right of publicity statutes are unconstitutional under the dormant Commerce Clause. The dormant Commerce Clause doctrine is an implicit restriction within the Commerce Clause that prohibits states from regulating interstate commerce. The current patchwork of state postmortem right of publicity statutes violates the dormant Commerce Clause in two different ways.
More here.
Comments Off on Nirvana against Marc Jacobs
On December 28, 2018, Nirvana filed a complaint in California district court against Marc Jacobs for copyright and trademark infringement. Nirvana alleges that Marc Jacobs is using a smiley face design “that is obviously similar to, and an intentional copy of, Nirvana’s copyrighted image . . . with the minor differences unlikely to be noticed by the consuming public.”
More here.
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