Saturday, August 29, 2020
Tuesday, August 25, 2020
"According to a lawsuit filed in federal court Friday, Frederick 'Hank' Robar is requesting no less than $7 million in damages from the village as the infamous 15-year dispute over his 'toilet gardens' enters its likely most contentious chapter to date."
There's a headline for you. Story here.
One of his claims is under VARA.
Monday, August 17, 2020
"The style we’re after is very much inspired by your work and that of other artists like Steven Paul Judd and Frank Hyde"
The Art Newspaper: Redbone music video sparks artist dispute over copyright infringement.
Another example having to do with the scope of protection for an artist's style (as opposed to a specific work).
Saturday, August 15, 2020
"All buyers must also sign a contract with extensive conditions. They must agree not to resell the work at auction for at least five years; if they do want to sell, they must give the artist right of first refusal; and, if they sell to someone else, they have to give 15 percent of the upside back to the artists."
A contractual resale royalty is in place for "'Say It Loud (I’m Black and Proud),' an online selling exhibition at Christie’s that opened on July 31 and is dedicated to the promotion of Black art."
Arlene Dávila tweets: "Great example of how curators can advocate for artists' resale royalty rights. Let's stop the speculation & the unequal model where only collectors/speculators benefit from the evaluation of artists' works."
The Christopher Sprigman view of this would be that it will to some extent suppress the price buyers are willing to pay for the works in the auction (i.e., that you would pay for more for an asset that comes with no strings attached than you would for the same asset with these conditions).
Sergio Muñoz Sarmiento: "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 while back, musician and art collector Swizz Beatz had a proposal for an auction house-based resale royalty scheme, mentioned here.
Wednesday, August 12, 2020
Tuesday, August 11, 2020
"Staten Island artist Scott LoBaido has a lawyer and is ready to take on the de Blasio administration in court if the Department of Transportation continues to pressure him to remove his thin blue line outside of the 122 precinct."
The artist says he "painted the blue line as a way to stand in solidarity with the NYPD after Mayor Bill de Blasio announced he would paint 'Black Lives Matter” street murals across the five boroughs on the heels of nationwide racial injustice protests." His lawyer argues: "Cites can do one of two things, they can either paint nothing and take no position, or they can allow everybody to paint … their own political points of view on the streets. But they can’t selectively say ‘my political opinion is going to be allowed to be painted and yours is not, and if you paint yours, you’re going to be subject to fines, penalty, imprisonment."