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The Source for Art & Law Since 2005
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" (1992–2001) – 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 ...
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 ...
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?
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, ...
Comments Off on 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.”
Comments Off on 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.
Comments Off on Fundamentals of Copyright Law in the Data Era
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.
Comments Off on 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.
Comments Off on How street art is pushing up house values
Story here (need subscription).
Comments Off on 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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