Friday, September 24, 2021
 


Banksy, the radical artist, seeks trademark protection

I bit flippant, I know. But see the post below. Here we have yet another guerrilla-style “artist” attempting to use intellectual property to safeguard his assets. How Che Guevara!

 

More artists seek refuge in the law

Don’t necessarily agree with this Bloomberg article on the pipedream belief that artists can, or should, change social ills through legal action. As the cliche goes, careful what you wish for. More law only means more regulation and, moreover, an increased reliance on a structure that may be betting against you. But there you have it. Should be good for all the aspiring art lawyers out there.

 

NY District Court rules that Covid is a natural disaster

Finding in favour of Phillips Auctioneers LLC, Hon. Denise Cote of the Southern District of New York dismissed JN Contemporary Art LLC’s complaint against Phillips, holding that (i) “[i]t cannot be seriously disputed that the COVID-19 pandemic is a natural disaster”; and (ii) Phillips, therefore, did not breach its consignment and guarantee agreement with JN Contemporary when it invoked the force majeure provision[1] in the agreement to terminate the parties’ relationship.

The ruling is under appeal.

More here.

 

Village law compels empty storefronts to display art

Southampton, the glitzy vacation destination on the eastern end of New York’s Long Island, now requires landlords of storefronts that have been vacant at least a month to join with local artists to liven up these typically dreary eyesores with art installations.

There’s a catch of course. The art cannot “make political statements or potentially offend children.”

Compelled speech?

 

“Fraud is not unusual in the $64 billion global art market.”

The buyer “didn’t send the payment to an escrow account—which was not unusual, given the old-­fashioned agreements the art world still relies on.” The buyer explains that this choice was due to “the strong referral from a trusted friend, the need to act quickly…”

The art dealer “lied, fabricated email correspondence, and faked bank transfers, but she also made real payment of deposit and restoration, and shipping costs,” the buyer says.

If I had a dollar for every time this kind of mess happens, I would own the Dallas Cowboys by now.

 

Federal Court Rules “Covid-19 Pandemic is a Natural Disaster”

Finding in favour of Phillips Auctioneers LLC, Hon. Denise Cote of the Southern District of New York dismissed JN Contemporary Art LLC’s complaint against Phillips, holding that (i) “[i]t cannot be seriously disputed that the COVID-19 pandemic is a natural disaster”; and (ii) Phillips, therefore, did not breach its consignment and guarantee agreement with JN Contemporary when it invoked the force majeure provision[1] in the agreement to terminate the parties’ relationship.

More here.

 

“Art critic” Rob Storr pulls no punches

Rarely do I agree with pompous and elderly aromatic Rob Storr, but this time I do. “I also distrust academic Marxists because they have never done any real politics at all, so they don’t know that danger.” God bless!

 
 
Legal

Clancco, Clancco: The Source for Art & Law, Clancco.com, and Art & Law are trademarks owned by Sergio Muñoz Sarmiento. The views expressed on this site are those of Sergio Muñoz Sarmiento and of the artists and writers who submit to Clancco.com. They are not the views of any other organization, legal or otherwise. All content contained on or made available through Clancco.com is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to Clancco.com treated as confidential.

Website Terms of Use, Privacy, and Applicable Law.
 

Switch to our mobile site