The Art & Law Program is happy to announce the Fall 2019 Art & Law Fellows. Once again, our decision-making was extremely difficult given our applicant pool. The incoming group includes a broad and diverse range of artistic, intellectual and professional interests, and we very much look forward to working with them.
In the fall 2019, the Program will examine artists’ legacies and artists’ estates through the lens of tangible and intangible property, contracts, moral rights, freedom of expression, and corporations. This will allow the fellows an opportunity to examine how sectors of the art industry— such as academia, the ...
Che Guevara photog heirs send take down
The heirs of the deceased photographer Alberto Korda, best known for the iconic photograph of Che Guevara that has adorned Tshirts and college dorm posters for fifty years, have issued a takedown demand to Liberty Maniacs over its sales of parody items that display the photo's cap and hair but replace Guevara's visage with, alternately, Donald Trump and Alexandria Ocasio-Cortez
Liberty Maniacs is not giving up its fair use freedoms without a fight, arguing in their response to the demand letter "that moral rights are not enforceable in the United States, that the First Amendment protects the right of parody, and ...
“Graffiti is art” appeal continues in the 2nd Circuit
Apparently (some) federal judges have bought into the argument that spraying aerosol on walls is art, or hell, not just art, but art blessed and protected by the 1990 Visual Artists Rights Act.
If you've been keeping track of the 5Pointz lawsuit pitting property owners against graffiti "artists," here's an update. And yes, I do know that in this particular case the property owner consented to daily alterations of New York's "Guernica."
Roberta Smith on San Francisco’s Disputed George Washington Murals
In a democracy, destroying a work of art is never a solution to any offense it may give. Once art has been made and released into the often choppy flow of life, it should stay there. It will live on anyway. To dictate its elimination is an implicitly autocratic move, similar in spirit, if not scale, to the deliberate demolition of ancient art and artifacts by the Taliban and the Islamic State.
More here.
Probably not a good idea to be brandishing and shooting an assault rifle at this moment in time, even if the weapon is being used to alter and destroy works of art.
On one evening last November, musician Ryan Upchurch carried a couple of paintings into has backyard in Tennessee, propped them up against a some greenery and shot them repeatedly with an assault rifle.
The artist, Jacob Aaron LeVeille, is now suing Upchurch for violating LeVeille’s moral rights under the Visual Artists Rights Act of 1990.
In a democracy, destroying a work of art is never a solution to any offense it may give. Once art has been made and released into the often choppy flow of life, it should stay there. It will live on anyway. To dictate its elimination is an implicitly autocratic move, similar in spirit, if not scale, to the deliberate demolition of ancient art and artifacts by the Taliban and the Islamic State.
The organizers of the trienniale shut down the exhibition “After ‘Freedom of Expression’?” at the Aichi Prefecture Museum of Art in the city of Nagoya after organizers said they received numerous threats objecting to a controversial work in the show.
Novak’s [mock Parma Police Department Facebook] page delighted, disgusted, and confused. Not everyone understood it. But when it comes to parody, the law requires a reasonable reader standard, not a “most gullible person on Facebook” standard. The First Amendment does not depend on whether everyone is in on the joke. Neither is it bothered by public disapproval, whether tepid or red-hot….
That’s part of the Sixth Circuit’s reasoning. Eugene Volokh has more here.
In 2017, Volkswagen used Ai’s artwork, Soleil Levant (2017), as part of a VW advertisement. This week Ai Weiwei won a major copyright and moral rights legal battle against VW, arguing in part that VW’s use of Ai’s artwork made it seem like AWW promoted and endorsed VW.
Good to see more and more artists taking a stand against the rampant stealing of copyrighted property.
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