November 22nd, 2021 by Sergio Muñoz Sarmiento in Resale Royalties
Comments Off on Another argument for artist resale rights
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Will textualism save our copyright planet? Warhol Fdn v. Lynn Goldsmith headed to SCOTUS
Images of Goldsmith and Warhol at issue. The U.S. Supreme Court will review a ruling that an Andy Warhol print infringed a copyrighted photograph taken by photographer, Lynn Goldsmith, of the late musician, Prince. We certainly hope--as much as one can hope for anything these days--that SCOTUS cleans up the wasteland that has become of "fair use" interpretation. One would think, and hope I suppose, that with many of the sitting justices adhering to textualism, they will fully jettison the nonsensical "transformativeness" test that has plagued us like a really bad case of Covid since the mid-1990s. Docs here, via ...
Podcast: Stephanie Drawdy and Sergio Munoz Sarmiento on All Things Art and Law
Ahh...Youth! Sergio Munoz Sarmiento. (2015 - ongoing), C-Print. © and TM Sergio Muñoz Sarmiento. All rights reserved. I had a lovely conversation with fellow lawyer and artist, Stephanie Drawdy, on the NFT craze, pets, art law, and the origins of The Art & Law Program. You can listen to the Podcast here. Hope you enjoy!
Marcel Duchamp archives now online, free of charge
The Philadelphia Museum of Art, the Centre Pompidou, and the Association Marcel Duchamp have digitized their vast archives of material on the Dadaist and placed it online, where it is free to all. Enjoy!
The Art & Law Coloring Book
If you have kids at home and want them to do something fun and educational, try the Art & Law Coloring Book, an ongoing project by The Art & Law Program. Really a great collection of drawings by great artists, including: Emma Jane Bloomfield Damien Davis Molly Dilworth João Enxuto Soda Jerk Clare Kambhu Alexandra Lerman Erica Love Douglas Melini Sergio Muñoz Sarmiento Melinda Shades Elisabeth Smolarz Gabriel Sosa Alfred Steiner Valerie Suter Happy coloring!
What are NFTs and what does it mean to own one?
If you're confused as to what the hell NFTs are, particularly art NFTs, here's a new article by Alfred Steiner that pretty much walks you through and safely out of the NFT hell. In his article, Steiner explains what NFTs are and what it means to own one. He also discusses why that meaning of ownership—which may appear novel to many—isn’t new at all when considered against the backdrop of the market for conceptual art. Steiner concludes with some observations about how NFTs may be good and bad for the art industry.
Some of my art teachers told me to hate this guy. Instead, I ended up loving him. He was brilliant.
Comments Off on Your monthly copyright/appropriation article
Brought to you by Azmina Jasani and Emelyne Peticca, who believe that if “the Warhol [v. Goldsmith] case is any indication, [Richard] Prince has an uphill battle to prove that he made fair use of [Donald] Graham’s image.”
Jasani and Peticca point out one other aspect of note re: the Second Circuit’s amended decision:
The Second Circuit concluded that “just as artists must pay for their paint, canvas, neon tubes, marble, film, or digital cameras, if they choose to incorporate the existing copyrighted expression of other artists in ways that draw the original work’s purpose and character . . ., they must pay for that material as well.”
Sounds like appropriation artists are being analogized to Hollywood filmmakers.
Comments Off on When is it Fair Use to Use a Photo to “Illustrate” an Article?
One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. There is no shortage of articles being generated online, and often those content producers simply canvass the web to find a suitable photo. These three cases address fair use in this context.
A very good article by Venkat Balasubramani on the ever-present question.
Comments Off on Art & Law Program application information
APPLICATIONS FOR THE NEXT TERM ARE NOW BEING ACCEPTED. The deadline for submitting your application for the next term is November 30, 2021.
At this time, given recent Covid developments, we are hoping to do the next term in-person during a three-day weekend intensive. In addition, we have yet to confirm (1) whether this three-day weekend intensive will take place this fall or in the spring of 2022, and (2) whether this three-day weekend intensive will take place in New York City or in Austin, Texas.
One other item: the Program is going through some seminal changes. In particular, the next term will also focus in part on one or two important artists whose work does NOT necessarily engage the law. The artists under consideration are: Mike Kelley, Bruce Nauman, Donald Judd, Cady Noland, David Hammons, Larry Clark, and Gabriel Orozco.
At this point we have not yet made any decisions on acceptances or rejections.
Please read this page for all information on dates, times, location, and possible retreat. If you have any questions , please email Sergio Munoz Sarmiento at sms@artlawoffice.com
Comments Off on “You’ll hook up with a hot chick, and then they figure out you’re not making any money from it and they’ll dump you”
Comments Off on Hot off the press: A Summary of the Copyright Claims Board
Eric Goldman gives us a generous overview of the Copyright Claims Board, otherwise known as the CCB. Enjoy!
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