The Art Law Blog

Monday, July 31, 2017

"Is the art world's conventional wisdom on copyright infringement and fair use driven by nature of the use or the nature of the parties?"

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"In other words, does the art world simply think it is fair use if an 'artist' (i.e. insider) copies a 'professional' (...
Thursday, July 27, 2017

"Canada Debates Whether Gift of Leibovitz Photos Is Also a Tax Dodge" (UPDATED)

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The New York Times has the story here .  Michael Rushton has some Twitter thoughts starting here . UPDATE:  " A Canadian government p...

Keeping Up (UPDATED)

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In what I believe is the first appearance by a Kardashian at the blog (not counting Kanye ), artist Sarah Pope has brought a copyright infri...
Monday, July 24, 2017

"As the court notes, cases finding fair use at the motion to dismiss stage are rare."

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Venkat Balasubramani : "I’m intrigued by the decision by Prince’s lawyers to file a motion to dismiss. That seemed like a long shot h...
Sunday, July 23, 2017

"He is up front about the fact that his proposed catalogue raisonné addition 'has no connection to the official Andy Warhol Catalogue Raisonné sponsored by the Andy Warhol Foundation for the Visual Arts.'"

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Richard Polsky is expanding his Warhol authentication services to include an " addendum " to the Warhol catalogue raisonné, whic...

"I'm 100 percent sure that they are in Ireland. Hundred percent sure. No doubt in my mind."

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Was the IRA involved in the Gardner Heist?
Saturday, July 22, 2017

Bananas

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I'm a little late on this one too, but the 9th Circuit heard oral argument in the ridiculous monkey selfie lawsuit last week.  It sound...

Speaking of appropriation

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Donald Graham's daughter had this to say about Richard Prince's use of her father's work: "That Richard Prince stole his...
Friday, July 21, 2017

Bringing Home the Bacons

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Three of them, at least.  Story here .  Background here .

"What can account for this peculiar set of rules, which seem to prevent museums ... to take actions that are not only consistent with, but would often seem otherwise mandated by their charitable purposes?"

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At the Faculty Lounge, Brian Frye has some thoughts inspired by the fact that most museums can only show 2-4% of their collection at any gi...

"How much can you conserve an artwork before it becomes something entirely different?"

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" This question is at the heart of a lawsuit filed in New York earlier this week by the artist Cady Noland ."
Thursday, July 20, 2017

Motion to dismiss denied in Prince-Graham fair use case (UPDATED)

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I was on a plane all day yesterday, so am a little late getting to this.  Laura Gilbert has the story in The Art Newspaper.  For background...
Tuesday, July 11, 2017

"Graffiti Artists Are Increasingly Lawyering Up to Fight Fashion Copycats"

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From The Fashion Law Blog .
Saturday, July 08, 2017

Should an artist's testamentary direction to destroy unfinished work be honored? (UPDATED)

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From the New York Times, the case of Edward Albee : "'It presents a moral and legal quandary,' said John Sare, a partner at...
Thursday, June 29, 2017

We all know about the rejoining-its-sister exception to being held in the public trust, right?

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Katya Kazakina:   MoMA Sells Rare Masterpiece . It's a nine-foot tall Leger mural, which was commissioned in 1938 by Nelson Rockefelle...
Tuesday, June 27, 2017

"The bill comes with the blessing of more than 100 organizations, including some of the most prominent art schools in the country" (UPDATED)

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Brian Boucher reports on the proposed American Arts Revival Act, which "would assist arts workers nationwide in paying down their stud...

"Collector sues Christie’s for cancelling David Hammons sale"

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Dan Duray has the story  in The Art Newspaper.

"The dispute dates to March 11 when five staff members sent a letter to the board accusing Mr. Dadone of misdirecting funds intended for educational programs, failing to deliver on programs promised to donors, violating labor laws and engaging in a pattern of abusive behavior toward subordinates."

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NYT:   Mass Resignations Embroil Boulder Museum of Contemporary Art .

Awards for Fearless Girl!

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For, er, advertising : "Clark also cited the business results for State Street, including a 374 percent increase in the size of the s...

"Exhumation of Salvador Dalí’s Body Ordered in Paternity Case"

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" Pilar Abel, a Tarot card reader, wants to be recognized as Dalí’s daughter, born as a result of what she has called a 'clandestin...
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