[caption id="attachment_7847" align="alignnone" width="300"] Tilted Arc, by Richard Serra. Originally installed at the Jacob Javits Federal Building, New York City, (1981-1989).[/caption] Given that it is curators who frame the context of an exhibition, during a controversy they are usually the ones to also negotiate with the hosting institution and the general public, handle the fallout of controversies, while also making decisions about keeping or removing specific works. The goal of this seminar series is to inform and equip curators with strategic and legal means with which to safeguard their curatorial vision and to negotiate effectively with diverse and interested parties. This one-day ...
Social media giant Facebook has been taken to court by a French user whose account was closed down after he posted an image of Courbet's racy painting L'Origine du Monde (1866). The plaintiff, a Parisian schoolteacher described by his lawyer Stéphane Cottineau as “a decent man, cultivated, and attached to the transmission of knowledge," is seeking the reactivation of his Facebook account as well as €20,000 in damages. Via Artnet News.
A few stories floating around the internet report that a Belgian court has found Luc Tuymans liable for "plagiarizing" photographer Katrijn Van Giel's photograph. We believe this to mean that Tuymans was found liable of infringing Van Giel's intellectual property rights, most likely copyright. Keep in mind that plagiarism, at least under US law, is not recognized as an actionable legal claim. Rather, plagiarism is an ethical "violation" and not a legal wrong; that would be copyright infringement. And, we can have copyright infringement that is not plagiarism, and plagiarism that is not copyright infringement. For now, Tuymans did admit to using ...
I'm very happy to be part of this art and law conference. On Saturday, February 28, 2015, Yale University will host a major symposium titled The Legal Medium: New Encounters of Art and Law. A very interesting group of individuals will gather to engage in a series of panels, presentations, and discussions. Rather than focusing on the practice of art law, this symposium will examine law as an artistic medium, in and from which artists create. It will focus on how artists encounter, take advantage of and seek to mold law. Speakers: Amy Adler, Jack Balkin, Tania Bruguera, Mary Ellen Carroll, Joshua Decter, Keller Easterling, Liam Gillick, Kenny Goldsmith, Tehching Hsieh, David Joselit, Robert ...
[caption id="attachment_6226" align="alignnone" width="190"] Siegelaub's "Artist's Reserved Rights..." Agreement.[/caption] At a talk last Thursday at the Princeton Club, New York Representative Jerrold Nadler didn't mince words as to why Christie's and Sotheby's are against resale royalties for visual artists, “So, I would argue that their concern is not so much with the details of the bill (although they may want you to think that), but with the whole concept to begin with. And on that front, we are just going to disagree. They are the ones out of step with the rest of the world, not us. We stand with the artists, while they stand ...
A New Mexico woman, Veronica Vigil, is suing the maker of novelty products over a flask that includes her likeness and the phrase “I’m going to be the most popular girl in rehab.”
The suit, which charges Taintor with defamation, invasion of privacy and unfair trade practices, seeks an unspecified amount of compensatory and punitive damages. In her complaint, Vigil says Anne Taintor Inc. obtained and used her high school graduation picture from 1970 without her permission and has defamed her by linking her image to a product that makes light of substance abuse, in direct conflict with the way Vigil lives her life.
Appropriation artists always ask me, “If I use an image of a woman from a long time ago [like 1970], what’s the likelihood that that woman will find out I’m using her image?” Well, I think we’ve answered that question.
The use (or absence) of contractual agreements in the so-called artworld has always been a discussion. But recently there has been a resurgence in the analysis of how the use of the contractual agreement impacts the practical, historical, and theoretical fields of art. Why the sudden interest in the written agreement, and specifically, the Artists Rights Transfer Agreement drafted by Seth Siegelaub and Robert Projansky?
I am currently working on an essay that touches on this issue. There are also a growing number of historians and academics researching this very topic, such as Maria Eichhorn and Joan Kee, and more specifically on Siegelaub and Projansky’s and artist contracts, art historian and curator, Lauren van Haaften-Schick.
In this limited space (this is a blog, after all), I will say that there are artists that use the written agreement as medium, some more successfully than others. The unsuccessful ones tend to use law (and the contract) in mostly symbolic form. Then there are artists that use law (and the contract) in a more, what I call, speculative form. These are the successful ones. For a detailed analysis on this topic you’ll just have to wait for my essay.
Meanwhile, here’s an interesting Hyperallergic review of a current NYC art exhibition titled, aptly, The Contract. Note how, according to the article, all sales from The Contract exhibition require the buyer to sign the Artists Rights Transfer Agreement. Interesting, indeed!
I mean, who doesn’t want a readymade on their thigh, or Frida Kahlo on their shoulder, right? Got any you’d like to share? Post ‘em here.
Not sure if plagiarism is actionable in France, so if any French lawyers are reading this, please chime in.
But until we get the distinctions between copyright infringement and plagiarism right (ironically, I’m writing on that subject matter as we speak), here’s Hyperallergic on another claim against a Jeff Koons artwork.
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