Monday, April 26, 2021

"Andy Warhol Foundation fights back in fair use case"

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Jeanne Fromer's reaction to the recent Warhol fair use decision was that (to put the matter mildly) "fair use in art has become a ...
Thursday, April 15, 2021

"Second Circuit Fair Use Decision Sets Up Circuit Split"

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More on the Warhol decision from David Steiner. Some earlier comments from Steiner in the updates here .
Monday, April 05, 2021

Fair Use Month Continues

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The Supreme Court issued its Google v. Oracle decision today. Adam Liptak's New York Times story is here . The opinion is here .

"Last month, three federal appellate judges in Manhattan decided they knew more about art than any old critic or philosopher" (UPDATED)

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"Whether they quite meant to or not, their ruling had the effect of declaring that the landmark inventions of Duchamp and Warhol — the ...
Sunday, April 04, 2021

Another Second Circuit Fair Use Decision

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This one upholding the use of the plaintiff's photo of Eddie Van Halen playing guitar in an exhibition of rock n’ roll instruments on th...
Friday, April 02, 2021

"Anne provided a needed corrective to the recent declarations by some commentators that museum trustees should be condemned for not entirely defraying museums’ outsized budgetary shortfalls from their own pockets."

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Lee Rosenbaum has a round-up of some comments from the "old school" side of the aisle at the recent Syracuse Deaccessioning sympo...
Tuesday, March 30, 2021

"While the end result ... will be hailed by photographers and other similarly-situated content creators, it also ratchets up the confusion meter for anyone sitting on the sidelines trying to make sense of the Second Circuit’s fair use landscape."

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Copyright Lately's Aaron Moss has a similar reaction to mine  re the Second Circuit's Warhol decision: "The clear import of Go...
Sunday, March 28, 2021

One person who will not be shopping for t-shirts at the Deaccessioning Hall of Fame gift shop ...

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 ... is Erik H. Neil of the Chrysler Museum of Art in Norfolk. Last week , he was seen in the New York Times saying "We are educational...

Eight Takeaway from Last Week's Deaccessioning Conference

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From Brian Boucher at artnet. (I mentioned the conference earlier here .) I liked this bit: "While museums may collect with relative f...
Saturday, March 27, 2021

"Aren’t we still, basically, in the dark?" (UPDATED 3X)

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That's how I ended my post on the Second Circuit's Prince-Cariou decision, back in 2013. After yesterday's decision in the War...
Sunday, March 21, 2021

Speaking of the Deaccessioning Debate (UPDATED)

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I just want to thank the organizers of last week's two-day symposium on deaccessioning at Syracuse University for including me on a pan...

"Selling Art to Pay the Bills Divides the Nation’s Museum Directors"

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The NYT's Robin Pogrebin and Zachary Smalls have a piece on the "heated" debate museums are having about whether to make perm...
Tuesday, March 16, 2021

"A New York Lawmaker Has Proposed a Bill to Increase Taxes on Auction Sales to Fund Public Art Education"

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Eileen Kinsella has the story here , and points out that "the proposal is at an early committee stage, and would have a long way to go ...
Sunday, March 14, 2021

"'In the limited law available concerning the VARA, an owner’s decision to conceal a work does not constitute modification or mutilation,' Crawford wrote in his order."

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"Covering the murals without damaging them has the same effect as an art museum removing a painting and putting it into storage, Crawfo...
Wednesday, March 03, 2021

"Many of Rockwell’s paintings for the Boy Scouts have been on display at the Medici Museum of Art in Howland, Ohio, since last year as part of a free exhibition that is still continuing."

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So the Boy Scouts of America, "faced with tens of thousands of sex-abuse claims," is planning to sell 60 works by Norman Rockwell...
Sunday, February 28, 2021

András Szántó on Deaccessioning

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Another interesting deaccession-related interview today. I loved this bit: "The debates have a kind of theological tint to them. There...

"Totaling $1.5 million, the amount is a far cry from the $65 million the museum anticipated it would raise for its so-called 'Endowment for the Future' through deaccessioning."

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The Baltimore Museum of Art announced three gifts to help fund the diversity and equity initiatives it initially had planned to support thr...
Saturday, February 20, 2021

"The Museum approaches deaccessioning with the same degree of strategy and deliberation as we apply to acquisitions."

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Met director Max Hollein has a very good piece at the museum's website defending the position they've taken on deaccessioning, and...

"Judge Tucker’s 27-page ruling upheld their motions, saying the reporting was factually true and covered by the fair-report privilege, which protects news outlets that report accurately on public records and proceedings, like court cases or municipal meetings."

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Concord Monitor:  Judge dismisses defamation claims surrounding coverage of suspected art forgery case . Background here .

Charles Gaines on Deaccessioning

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From an interview at artnet: "I get into arguments with my progressive friends about this: I feel that deaccessioning for the purposes...