Thursday, April 25, 2019

Fearless lawsuits

According to Artnet’s Eileen Kinsella, State Street Global Advisors, the Massachusetts-based investment company that commissioned Fearless Girl, filed a lawsuit against its creator, Delaware-based artist Kristen Visbal, on February 14 in New York State Supreme Court, alleging that the artist has made at least three unauthorized reproductions of the statue.


Warhol’s lawsuits

Recap via the Columbia Journal of Law and the Arts.


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.


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.


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.


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.


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.


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