Apparently Banksy's anonymity and surreptitious art practice is costing him...big time. “Banksy has chosen to remain anonymous and, for the most part, to paint graffiti on other people’s property without their permission, rather than to paint it on canvases or his own property,” the panel said.
Public License for Criminal Use, 2014 - 2020Alfred SteinerNo physical dimensionsOffer, acceptance, consideration There's a lot of buzz during these Covid days concerning the employment of written agreements by artists. As I've indicated on this blog, this "practice" is nothing new, if by new we mean this year or the last few years. What is interesting to me is to see how creative artists get. A long-time friend of mine, artist and lawyer, Alfred Steiner has just released his Public License for Criminal Use. Below, he explains the origins of this contract and his intent with drafting such an agreement. One aspect ...
Pictured here are the 2010 fellows at Michelle Maccarone Gallery for the artist exhibition. This month marks the 10th year of the Art & Law Program. The group pictured above is the first class of fellows, whom I thank dearly for putting up with chaos and an unforged path. I learned so much, and still do from each and every class. I think the Program hit its stride around 2014, and since then, like good wine, it's only gotten better. A huge thanks to all the supporters, especially Cornell Law dean Eduardo Penalver, Cornell Law School, Bob Balder and Brooke ...
One thing that really annoys me is how articles like this get written with absolutely no mention of well-known historical precedents, like Robert Projansky's and Seth Siegelaub's The Artist’s Reserved Rights Transfer And Sale Agreement, from 1971. God forbid there would be any mention of Hans Haacke or Michael Asher. A friendly reminder that artists using written agreements to obtain rights and obligations is nothing new. That's what a written agreement is and what it does.
Two very dear friends of mine, Lauren van Haaften-Schick and Kenneth Pietrobono, continue their exploration of art, socialism, activism, and a slew of other isms. They asked me to chat with them about “redistribution” and the success of activist art. Well, they didn’t quite ask me about the second but I talked about it nonetheless. We also discussed my disdain for symbolic artistic acts in law and whether the purchase of a non-functioning vehicle can be deemed to be “successful.” You can listen to the podcast audio here. If you just want the ...
The Washington NFL franchise announced today, July 13, 2020, that it will drop the “Redskins” name and Indian head logo immediately, bowing to decades of criticism that they are offensive to Native Americans.
What about the trademarks?
Interesting article via JD Supra on an issue that keeps coming up: whether non-commissioned, illegal street art on private property is blessed with intellectual property and moral rights.
“…despite the growing recognition of Black Lives Matter-inspired street art, including murals, illegally placed artwork will likely be subject to the wishes of the property owner. Even when an artwork achieves VARA protection, courts may still deny relief when the artwork has been installed without authorization from the property owner. Accordingly, artworks that are affixed to property, without the property owner’s permission (e.g., vandalism), may be subject to destruction, removal, or transfer of that particular manifestation.”
It seems inevitable that others who traded on this basis—loans against art—may find themselves in difficulty because of the Covid-19 pandemic. We have already heard numerous reports of discounting, and with lower prices, borrowers may struggle to pay back their debts.
A shrinking market could also have an impact on another strategy, that of betting on art via auction guarantees.
More here.
Attorneys looking for some interesting copyright content while getting that coveted CLE may want to look at this PLI program. You can even access this Practicing Law Institute webcast from the comfort of your own home and sweatpants. I’ll be leading the discussion around public art. Webcast will take place on June 25, 2020 starting at 9am EST. There are 5 other great presenters and practitioners leading very interesting discussions as well. Hope you can join us!
Why You Should Attend
Copyright law continues to evolve in ways than inevitably capture public attention. Recent years have delivered headline changes to what was once considered settled tenets of copyright law. This program features a comprehensive review of copyright basics and its latest updates, covering the fundamentals behind copyright’s origins and enforcement considerations as well as key case law and regulatory developments. Lawyers new to the practice should find this program to serve as a helpful primer whereas experienced copyright lawyers should find the coverage of recent updates most helpful.
What You Will Learn
– Basic Principles of Copyright Law
– Enforcing Copyrights
– New Cases in Copyright Law—Internet and Beyond
– Intermediary Liability and the DMCA
– Copyright Issues in Visual Arts
Who Should Attend
Attorneys new to copyright law and more experienced practitioners seeking a review of the latest updates should find this program to be helpful.
More info here.
On June 4, the Estate of Chris Burden filed suit against the Rabbit Town park in Bandung, West Java, and its owner, Henry Husada, in the Commercial Court at the Central Jakarta District Court. The suit alleges that Rabbit Town’s Love Light looks too similar to Burden’s famed Urban Light (2008) sculpture.
More here.
Story here (need subscription).
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