The Art Law Blog

Wednesday, July 14, 2021

"What counts as ‘fair use’? Debate over Warhol's appropriation of Prince photograph rumbles on"

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  Martha Lufkin surveys the scene.
Monday, July 12, 2021

"Man Is Accused of Attempting to Sell Fake Basquiats and Harings"

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New York Times story here .
Thursday, July 08, 2021

"German socialite Angela Gulbenkian pleads guilty to theft in London court"

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" The charges against her stemmed from the fraudulent sale of a £1.1m Yayoi Kusama pumpkin sculpture to a Hong Kong collector, while a ...
Friday, July 02, 2021

"In custody is not a gang of thieves who planned a Hollywood-style heist, but a 49-year-old construction worker, with the Twitter name ArtFreak, who was arrested on Monday."

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NYT:  " Stolen Picasso and Mondrian Paintings Found Stashed in a Ravine in Greece ." "The theft appears to have been years in...
Saturday, June 19, 2021

Playing Darts with a Rembrandt

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NYT:  Why Do People Want Jeff Bezos to Buy and Eat the Mona Lisa? Includes the following: "'You might get indigestion, but there is...
Wednesday, June 09, 2021

"It’s a reminder that American museums deaccession all the time, and have done so for years."

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The Washington Post's Sebastian Smee takes a look at what has actually happened since the AAMD relaxed its deaccessioning rules at the...

Another tragic deaccessioning story

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The Thomas Cole painting "controversially sold" by the Newark Museum recently ("More than 50 cultural historians and critics ...
Saturday, May 01, 2021

"Our brief addresses the effect of Google v. Oracle, which the Second Circuit has explicitly asked for more briefing about."

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Amicus brief in rehearing petition for Warhol v. Goldsmith by IP professors Rebecca Tushnet, Christine Farley and Pam Samuelson.
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...
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