Author Archive

“In two cases testing copyright law in social media, the artist Richard Prince is asking a federal court in Manhattan to rule that two of his Instagram-based works constitute fair use of photographs taken by others.”

Laura Gilbert has the story in The Art Newspaper:"Last year a US District Court judge rejected Prince’s motion to dismiss Graham’s case. ...  This time around, in summary judgment motions filed on 5 and 9 October, Prince argues that he had to use as much of the photograph as appeared in the Instagram post to accomplish his purpose. In a 15-page statement calling his iPhone a... | Read More

“Rybolovlev’s companies sued Sotheby’s Tuesday in Manhattan federal court, alleging that the auction house ‘materially assisted the largest art fraud in history.'”

Bloomberg:  Billionaire Slaps Sotheby's With $380 Million Lawsuit.

Some background here.... | Read More

Last Berkshire Museum Appeal Rejected

On standing grounds.  Story here.  Some background here.... | Read More

Preliminary injunction granted in MoMA trademark suit

Against a tea place called MoMaCha.  Story here.   Background here.... | Read More

“Amazon Sued Over Use of Artist’s Work in ‘Suspiria’”

The artist is Ana Mendieta; Suspiria is the new movie by Luca Guadagnino (who directed last year's Call Me By Your Name), a remake of a 1977 Dario Argento horror film.  Variety story here, which includes the following:"The suit alleges that the 'Suspiria' trailer, which was released in June, contained two images that were derived from Mendieta’s work. One image showed a woman’s hands... | Read More

Summary Judgment Denied in the G.M. Graffiti Lawsuit

Story (and copy of the decision) here.  As mentioned here, G.M. had argued that there couldn't be infringement because the graffiti was part of an "architectural work" (namely, the parking garage it was painted on).  The court rejected that argument, if anything treating it as a closer call than it actually is.  Eriq Gardner calls it a "big win for graffiti artists."... | Read More

“I have been introducing the ART Act since 2011 and I’m proud to join my colleagues in introducing this bipartisan, bicameral version of the legislation this congress”

The American Royalties Too Act is being reintroduced.  I'm not a fan of the Act (for reasons mentioned here), but there is a version of a resale royalty that makes sense to me (for reasons hinted at, but not adequately defended, in the same post).... | Read More

“Ms. Abramovic was leaving a book signing at the Palazzo Strozzi, in Florence, which is hosting Italy’s first major retrospective of her art, when a man slammed a paper portrait he had made of Ms. Abramovic over her head.”

NY Times story here.  Abramovic says she was stunned but unhurt and has not pressed charges.... | Read More

“Ezra Chowaiki was sentenced Thursday in federal court in Manhattan to 18 months in prison and three years of supervised release for defrauding art dealers and collectors of millions of dollars.”

"He was also ordered to give up his interest in more than 20 works of art involved in the fraud, including pieces by Picasso and Alexander Calder."... | Read More

“We didn’t feel the decision was the correct one. The nature of graffiti in itself is to paint over itself constantly, and [the artists] made reference to that and it’s what happened over the 27 odd years.”

Appeal filed in the 5Pointz VARA case.... | Read More
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