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THE PROBLEMS OF ATTRIBUTION
Many artists do not keep a catalogue of their work which can lead to issues of attribution years after their death. Attribution of a work can lead to decades, if not centuries, of scholars arguing "yes, it is"--"no, it isn't"--"no, wait, it really is". The value of...
MUSIC COPYRIGHT INFRINGEMENT AWARD SETS NEW RECORD FOR DAMAGES
A recent ruling by a California federal court serves as a warning to all artists who wish to use another artist's work. A jury found that musicians Robin Thicke and Pharrell Williams infringed the music of Marvin Gaye. The suit was brought by family members of...
ART & THE FIRST AMENDMENT: PREMIERE OF COMPOSITION CANCELLED DUE TO NAZI REFERENCE
A young composer, whose work was to be premiered in Carnegie Hall, had it pulled at the last minute because the piece contained a snippet of a Nazi anthem, Horst-Wessel-Lied. The piece, Marsh u Nebuttya, or March to Oblivion, was composed by Jonas Tarm, a student at...
SMITHSONIAN BANS SELFIE STICK
The Smithsonian has announced that it is banning the selfie stick in all of its museums. You can read the story here. It is the latest museum to make this move, and its reasoning is similar to the issues I brought up in an earlier post concerning selfie sticks. This...
KOONS FACES NEW CLAIM OF COPYRIGHT INFRINGEMENT
Jeff Koons is once again facing a claim of copyright infringement, this time in a French court. The focus of the claim is around his sculpture, Fait d'Hiver. It is one of three, one of which was currently on exhibition at the Centre Pompidou in Paris until it was...
PROTECTING THE CREATIVE SPIRIT CONFERENCE 2015
The annual Protecting the Creative Spirit Conference is scheduled for Saturday, April 11, 2015 at Plymouth State University. It is a day for artists to learn about how to protect themselves, their rights, and their works. Last year was well attended, and seating is...
FAKE GOYA PAINTING SOLD IN EXCHANGE FOR FAKE CASH
In a wonderful twist of irony, two Spanish brothers who attempted to sell a fake Goya painting were paid in fake cash. Apparently the brothers had purchased the painting several years prior, thinking that it was real. After paying the deposit, they had it appraised...
INTERVIEW WITH JUDGE IN DETROIT BANKRUPTCY CASE: SAVING THE DETROIT INSTITUTE OF ART
The Detroit Free Press recently published an interview with the judge responsible for overseeing the Detroit bankruptcy case. There is a transcript along with a brief video. He stated that he never believed that the art should be sold to repay the creditors and fund...
EXCELLENT ESSAY ON RECENT POWER RANGERS SHORT FILM AND COPYRIGHT INFRINGEMENT
Here is an excellent essay that was recently posted in the Art Law Journal about the controversy over a short fan film about the Power Rangers. Several producers decided to create their own version of the Power Rangers, and created a short film that they published...
POTENTIAL SALE OF PICASSO COLLECTION COULD DEPRESS ART MARKET
Marina Picasso, granddaughter of Pablo Picasso, has sent ripples through the art world with her announcement that she is going to sell of her inheritance of approximately 10,000 works to fund her charitable work. The fear is that she will flood the art market and...
ISIS’ WAR ON CULTURAL HERITAGE
Video has emerged from the Middle East, particularly Mosul, showing members of ISIS destroying ancient cultural artifacts. Such wanton destruction of the world's cultural heritage is heartbreaking. I cannot bring myself to watch the videos, and found that I couldn't...
WILL THE THAW WITH CUBA ALLOW FOR THE RETURN OF CONFISCATED ART, OR IS THIS MERELY AN INDIAN…ER…CUBAN SUMMER?
With the slow warming of relations between Cuba and the United States, Cuban emigres who had their property confiscated by the Cuban government during the 1950s and 60s are beginning to seek restitution of that property. This includes those who owned art collections...
MONSTER ENERGY AND COPYRIGHT–THE MISTAKES IT MADE WHICH LEAD TO INFRINGEMENT
In a recent ruling, Monster Energy Co., the company that manufactures energy drinks, was found guilty of infringing the Beastie Boys' copyright in several songs. The songs were used as part of a marketing montage promoting the drinks. This article does an excellent...
GURLITT SAGA FAR FROM OVER
The New York Times reported yesterday that the transfer of the Gurlitt collection to the Kunstmuseum Bern is still mired in legal issues. Apparently within hours of the museum accepting the gift in November, Gurlitt's cousin, Uta Werner, filed a motion with a German...
CODE OF BEST PRACTICES IN FAIR USE FOR THE VISUAL ARTS AVAILABLE
The College Arts Association has made their Code of Best Practices in Fair Use for the Visual Arts available. Best Practices in Fair Use was released this month. You can download a copy of it here. At 22 pages, it is quite readable, and gives an excellent overview...
MUSEUMS REACT TO THE “SELFIE STICK”
As if the selfie itself is fraught with legal issues for a museum, now selfie-takers can arm themselves with a "selfie stick". Basically, it is a three foot stick with a piece on the end that holds a cellphone. Museums are now faced with an added layer of...
NEW VIVALDI WORK DEBUTED-ISSUES OF COPYRIGHT
It is always interesting when new works by old masters are discovered. This is true whether it is in the world of the visual arts, a previously undiscovered manuscript or an orchestral work. Modo Antiquo premiered Vivaldi's piece, dated to between 1700-1703, created...
THE UCC AND BANKRUPTCY–THE ARTIST’S TRAP
The Uniform Commercial Code, also known as the UCC, governs all sales of goods in the United States. Under the UCC, whenever an artist brings a work to a gallery for sale, that work is considered to be a consignment. What this means is whatever rights the artist...