Tuesday, August 29, 2017

"Bizarre Pollock forgery scam"

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Details here . Bizarre as they are, Tim Schneider points out that "narrative is only a few fractions of an inch ballsier than a narr...
Thursday, August 24, 2017

The logical endpoint of the anti-deaccessioning position (UPDATED)

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LA Times art critic Christopher Knight has a solution to the Berkshire Museum's financial difficulties : "Don’t sell the art. Do...
Thursday, August 17, 2017

"For most litigants, however, the ruling seems to reinforce the sensible view that a defendant should not waste its time with a 12(b)(6) motion on fair use unless its 'aesthetic alterations' to the plaintiff's work are immediately apparent and compelling."

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Bob Clarida and Robert Bernstein in the NYLJ [ $ ] on Richard Prince's latest .
Monday, August 14, 2017

Tell me again about the public trust (more than 400 photos from MoMA edition)

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MoMA is selling more than 400 photos from its collection at Christie's over the next nine months. I thought I very recently read some...
Wednesday, August 02, 2017

Groundhog Day

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I’ve basically been avoiding the latest deaccessioning controversy , in large part because it’s all so depressingly familiar – the usual sus...
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...