Images of Goldsmith and Warhol at issue. The U.S. Supreme Court will review a ruling that an Andy Warhol print infringed a copyrighted photograph taken by photographer, Lynn Goldsmith, of the late musician, Prince. We certainly hope--as much as one can hope for anything these days--that SCOTUS cleans up the wasteland that has become of "fair use" interpretation. One would think, and hope I suppose, that with many of the sitting justices adhering to textualism, they will fully jettison the nonsensical "transformativeness" test that has plagued us like a really bad case of Covid since the mid-1990s. Docs here, via ...
Ahh...Youth! Sergio Munoz Sarmiento. (2015 - ongoing), C-Print. © and TM Sergio Muñoz Sarmiento. All rights reserved. I had a lovely conversation with fellow lawyer and artist, Stephanie Drawdy, on the NFT craze, pets, art law, and the origins of The Art & Law Program. You can listen to the Podcast here. Hope you enjoy!
The Philadelphia Museum of Art, the Centre Pompidou, and the Association Marcel Duchamp have digitized their vast archives of material on the Dadaist and placed it online, where it is free to all. Enjoy!
If you have kids at home and want them to do something fun and educational, try the Art & Law Coloring Book, an ongoing project by The Art & Law Program. Really a great collection of drawings by great artists, including: Emma Jane Bloomfield Damien Davis Molly Dilworth João Enxuto Soda Jerk Clare Kambhu Alexandra Lerman Erica Love Douglas Melini Sergio Muñoz Sarmiento Melinda Shades Elisabeth Smolarz Gabriel Sosa Alfred Steiner Valerie Suter Happy coloring!
If you're confused as to what the hell NFTs are, particularly art NFTs, here's a new article by Alfred Steiner that pretty much walks you through and safely out of the NFT hell. In his article, Steiner explains what NFTs are and what it means to own one. He also discusses why that meaning of ownership—which may appear novel to many—isn’t new at all when considered against the backdrop of the market for conceptual art. Steiner concludes with some observations about how NFTs may be good and bad for the art industry.
El País reported today that a triptych by Ambrosius Benson, Lamentación de Cristo (Christ’s Lament), which was stolen from the Santa Cruz de Nájera (La Rioja) Church in 1913, has sold for 1.46€ in a Sotheby’s auction in London. Unfortunately, and even though the piece was stolen, successive sales of the piece have made its current sale legal. More at El País, but you have to habla Spanish, because we’re not translating the whole damn article for you!
Clancco covered this story back in late March of this year, concerning a group of seven Czech artists who were acquitted of hacking into a live panoramic broadcast on June 17, 2007, and simulating a nuclear explosion. Viewers watching the public broadcaster Czech Television saw a bright flash of light followed by an ominous mushroom cloud in the distance, intended to represent a nuclear blast.
The June 30-July 7 issue of New York Magazine had a unique story on Christie’s recent gallery launch in New York City. Are we way off mark, or is this like a Colombian cartel skewing local NY dealers and setting up shop in NYC?
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It warms Clancco’s heart when we see construction sites (or structures) being used to expand the discourse of art and law. Wednesday’s NY Times had a story on a group of individuals who use temporary walls built around construction sites as gallery walls. One artist, El Celso, tells how even though permits and permission were obtained there were still other legal issues to contend with–like drinking!
On a recent night in Long Island City, Queens, the first found a mutually beneficial use for the second, called it a gallery and held an opening, with Cheez Doodles standing in for canapés.
What makes a painting historical and canonical? In an age of branding and trademarking, the name tends to weigh more than the work. The Museum of Modern Art’s 1999 exhibition, The Museum As Muse: Artists Reflect, pretty much hit on this when they went out of their way to invite Michael Asher to participate in this exhibition. MoMA knew quite well that what they were “buying” was not only further validation of this institutional critique show, but the name “Michael Asher.” Arguably, at this point in his career, it really didn’t really matter what Asher produced, as his participation (as validation) was enough.
From the NY Times:
Geert Wilders, a Dutch legislator, will not be prosecuted on charges of inciting hatred of Muslims for his film and comments written for a Dutch newspaper, prosecutors announced. Mr. Wilders’s film, “Fitna,” or “Ordeal” in Arabic, and his published remarks, in which he called the Koran fascist, were hurtful and insulting, but not criminal, the prosecutors said. The film juxtaposed verses in the Koran against a background of images of terrorism by Islamic radicals. It aroused protests around the Muslim world after it was released online in March.
Louis Vuitton just can’t stay out of court. Yesterday, a French court slammed eBay with judgment to pay Louis Vuitton roughly $63.1 million in damages for auctioning fake goods. Word from the Wall Street Journal is that there may have been some French kissing going on (i.e.- preferential treatment by the French for the French). According to a WSJ commenter, “Too bad eBay isn’t a German company. Then the French company would have lost the battle.”
LVMH Moët Hennessy Louis Vuitton and sister company Christian Dior had accused eBay of not taking the necessary steps to ensure that the accessories sold on its Web site weren’t counterfeit. “It is a major first, because of the principles that it recognizes and the amount sought,” said Pierre Gode, an aide to LVMH president Bernard Arnault. The amount is a significant upward departure from the 20,000 euro judgment that Hermes — another French retailer — won against eBay earlier this month for facilitating the sale of fake Hermès products.
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