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COMMON MYTHS ABOUT “FAIR USE”
Here is an excellent article on the most common myths people have about what constitutes fair use. I myself have seen several of these, particularly the one concerning content on the internet, and the belief amongst non-profits that anything they do constitutes fair...
COPYRIGHT OFFICE MAKES A PLEA FOR INDEPENDENCE
During a recent congressional hearing, Register Maria Pallante testified in favor of Congress granting the Copyright Office independence from the Library of Congress. Under the current regime, the Copyright Office is merely a department of the Library of Congress,...
THE ARTIST, THE ENTREPRENEUR
There has been a growing discussion among academics and the art community about the failure of many college arts programs to encourage budding young artists to take business classes such as basic accounting or marketing. And yet the expectation of these college...
THE MUSEUM PARTNERSHIP ACT HAS BEEN REVIVED
Senator Patrick Leahy has revived the Museum Partnership Act. If passed, the Act would change the portions of the tax code that currently limit the value of an artist's donation to a museum or other cultural institution to the cost of the materials used to the fair...
COPYRIGHT OFFICE SEEKING COMMENTS ON PROTECTING DIGITAL PHOTOGRAPHY
The US Copyright Office is seeking comments from visual artists on ways that the Copyright Office and law can help them protect their works from online infringement. Right now, online infringement of photographs and other visual works is rampant, and attempts to...
AUSTRALIA AND THE RETURN OF INDIGENOUS ART
The BBC recently featured an interesting essay on an exhibit at the British Museum called "Indigenous Australia: Enduring Civilisation". It spans over 60,000 years of indigenous history in Australia. Once the show closes in August, the exhibit will travel to the...
DMCA IS A LEGAL TOOL FOR ARTISTS TO PREVENT ONLINE INFRINGEMENT
Many artists are frustrated when their works appear without their permission on the internet. For example, a musician or filmmaker might suddenly find that her work is on YouTube, posted by a complete stranger and no acknowledgement of the artist. The artist is left...
TERMS AND CONDITIONS OF WEBSITE SAYS USER ASSIGNED THE COPYRIGHT TO HIS CONTENT
In a recent Massachusetts ruling, the court upheld the validity of a “browsewrap agreement”, a type of agreement that websites are commonly using. Unlike the “click-through agreement” which makes a user actually click “I agree” under the terms and conditions, and...
JUDGE IN SALANDER CASE SAYS BUYER DIDN’T DO DUE DILIGENCE–HAS NO CLAIM TO PAINTING
In the latest development of the continuing fall-out from the Salander-O'Reilly Gallery bankruptcy, a New York court is demonstrating how courts are paying closer attention to a buyer's pre-purchase due diligence. For an excellent description of the court's analysis...
ROBIN WILLIAMS GRANTED RIGHT OF PUBLICITY TO NONPROFIT-CANNOT BE USED FOR 25 YEARS
According to recent news, actor Robin Williams' granted his right of publicity to a nonprofit his trust created. Under the terms of the grant, his likeness may not be exploited for the next twenty-five years. Further, the nonprofit is awarded the power to go after...
REMINDER: PROTECTING THE CREATIVE SPIRIT CONFERENCE
Don't forget next Saturday is the second annual Protecting the Creative Spirit Conference at Plymouth State. For a schedule of events, click here. For a copy of the registration, click here. We look forward to seeing you!
GURLITT WILL IS HELD TO BE VALID
A German court recently announced that Gurlitt's will is valid, and dismissed the claims by Gurlitt's cousin Uta Werner that he lacked capacity to make his will. This once again establishes the Kunstmuseum Bern as the sole heir to his collection. Werner has 30 days...
THE DANGERS OF DEACCESSION
In 2013, Sotheby's sold a collection of Old Masters. The auction was well attended by collectors and gallery owners alike, who were given a rare glimpse at some of the world's greatest art. One work in particular, however, was overlooked by those who had come to...
“THIS IS MODERN ART”: CHICAGO PLAY SAYS STREET ART, CRITICS SAY VANDALISM
A very interesting play recently premiered in Chicago. The Steppenwolf Theatre's youth-adult program presented "This is Modern Art". The play is based on a group of individuals who "wrote" on the new Modern Wing of the Art Institute of Chicago in 2010. The play...
INTERESTING ARTICLE ON GARDNER HEIST
The 25th anniversary of the infamous Isabella Stewart Gardner heist was just last week, but there is still little news about the fate of the paintings and other items stolen. The New York Times published a very interesting article about the heist, and includes some...
DON’T FORGET! “MARCH MADNESS” IS TRADEMARKED
This time of year it is common to see the term "March Madness" thrown around, whether it is in relation to just about any sport, a sale by a national chain, or just about every other usage, including New Englanders that are fed up with snow and ready for spring. The...
ATTACK ON BARDO MUSEUM
We here at Artium Amore grieve for the families of those murdered at the Bardo Museum in Tunisia in an act of extreme cowardice, hatred and intolerance. Vous avez nos plus sincères condoléances.
TROLLS BEWARE! CA COURT AWARDS PLAINTIFF DAMAGES FROM FALSE CLAIM OF COPYRIGHT INFRINGEMENT
In Automattic, Inc. & Hotham v. Nick Steiner, the federal court for Northern California found that the defendant had willfully misrepresented that he owned the copyright in the plaintiff's blog post and awarded the plaintiff damages in the amount of $25,084. You...