The Art Law Blog

Tuesday, August 30, 2016

“[T]he move to the transformative analysis, thought by many to be the solution to fair use woes, has actually made things worse for the visual arts.”

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Speaking of excellent points by Amy Adler (who by the way co-teaches the best art law seminar in the world), she has a terrific new law re...

"No longer is it prudent to leave a body of work to one’s next of kin and hope for the best."

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The Financial Times:   How an artist's legacy became big business . Related:   What Artists Should Do to Protect Their Legacies before...

Another "what we learned from the Knoedler scandal" story

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This one from Laura Gilbert in The Art Newspaper. A previous example here . I continue to think the answer is "not much."
Monday, August 29, 2016

Weighing In

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Artnet collects reactions to the Peter Doig case from various experts, all interesting and very much worth reading. Amy Adler makes an e...
Friday, August 26, 2016

Another Richard Prince lawsuit

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The Art Newspaper's Julia Halperin has the details , including that "[u]nlike the plaintiffs in the previous cases, Salazar—who pos...
Wednesday, August 24, 2016

"As one of my former Corcoran colleagues said about the two case studies, ‘The Corcoran is dead. Delaware lives.'"

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The Washington Post's Peggy McGlone had a story last week on the demise of the Corcoran Gallery: Homeless art, lost jobs and low enrollm...
Tuesday, August 23, 2016

BREAKING: Doig Wins (UPDATED)

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The New York Times:   The Artist Peter Doig Wins a Case Involving a Painting's Attribution . But of course, nobody really won here . ...
Friday, August 19, 2016

Still monkeying around

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The Washington Post reported last week that, in the Monkey Selfie appeal , a "prominent anthropologist at the University of Notre Dame...
Thursday, August 18, 2016

"And so now, Von Saher will likely head to the Ninth Circuit for the third time, and the case will pass into its second decade."

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I don't generally cover a lot of restitution stuff, but I did write a piece for the Journal of Art Crime on the Norton Simon-Von Saher ...

Deja vu all over again

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The Art Newspaper reports that the Artist Pension Trust has made its first distributions to participants.  That's nice, but it's al...

Lawsuit Over Koons Gazing Ball Sculpture

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Stories by Dan Duray here and Brian Boucher here .
Wednesday, August 17, 2016

"What Happened on the Last Day of Peter Doig’s Ridiculous Trial"

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artnet's Dushko Petrovich has you covered .  Another report here .
Tuesday, August 16, 2016

"Those fateful seconds, however, have resulted in what Doig called 'thousands of hours' of wasted working time and stress."

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I was away last week, but the big art law story continues to be what artnet news rightly calls the "bizarre" authentication trial ...
Friday, August 05, 2016

"Retroactive extensions of copyright throw the entire reasoning behind copyright into reverse."

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Alex Tabarrok on copyright protectionism .
Wednesday, August 03, 2016

Does VARA need to be updated?

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I'm quoted in this piece on the subject in the Observer.
Tuesday, August 02, 2016

"The denial sets up a likely appellate court battle that could determine the fate not just of the plaintiff artists’ resale royalties, but of the underlying statute."

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Los Angeles Business Journal:  " Trial Judge Denies Artists Request to Reconsider Royalties Decision ."  "While the law has b...
Monday, August 01, 2016

Getty Images Lawsuit

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The billion dollar demand may lead you to think of the recently-filed lawsuit against Getty Images as less than serious, but it's not a ...
Saturday, July 30, 2016

The selfie monkey is appealing

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Story here .  Appropriate reaction from Mike Masnick here .  Background here .

Is a copyright small claims court a good idea?

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Kevin Smith doesn't think so, at least not in the form envisioned by the recently introduced CASE Act :  "I think that the propose...

Another risk of being in the authentication game

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artnet :  "French scholar Marc Restellini has braved death threats over his efforts to authenticate works by the Italian artist Amedeo ...
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