Author Archive

Update on the Cady Noland Lawsuit

Here.  Background here.... | Read More

“The last lawsuit in the Knoedler fakes scandal is close to being settled”

Story here.  It's this one.... | Read More

“In the end, the court found that the work looks like a Warhol and should thus be protected by fair use. This ruling would seem to indicate that a famous artist with a known aesthetic can more easily claim fair use than a lesser-known artist ….”

A critique of the recent Warhol fair use decision at Above the Law.... | Read More

“In Boon for Art Authentication Committees, Judge Rules in Favor of Glimchers in Long-Running Agnes Martin Dispute”

Artnews story here.  This was round two in the case.  In April of last year, the Court dismissed the complaint but gave the plaintiff permission to replead, which they did.  Now the same Judge has dismissed the amended complaint, on similar grounds.It's definitely a boon, but how boony is unclear.  As I said after round one:"While it's certainly good news for artist... | Read More

More on the Warhol Prince Decision

Artnet's Sarah Cascone here.  Goldsmith says she will appeal.Michael Madison wonders if there is a "third, less radical interpretation [in addition to the two I mentioned here], which relies on a hypothetical 'what would a reasonable person think?' standard vs a hypothetical 'any plausible reading/viewing is reasonable' standard?"Rebecca Tushnet says "'may reasonably be perceived' has... | Read More

Cady Noland’s Lawsuit Was Dismised in March

I don't think I saw any coverage of this anywhere, but it's been brought to my attention by a loyal reader that Cady Noland's latest copyright lawsuit was dismissed a few months ago -- not on the merits, but on territoriality grounds:  because "all of the conduct underlying the Copyright Act violations alleged by Noland -- including Defendants' 'destruction' of her original work, their... | Read More

Robert Indiana News

A couple of developments this week:One, a decision on several preliminary motions regarding the various claims and counterclaims in the federal lawsuit over his work.  Story here.  Opinion here.  Good luck sorting it all out.And two, Indiana's "former caretaker," Jamie Thomas, filed suit in state court in Maine "aimed at forcing the estate to pay his legal bills," which he says are... | Read More

“Andy Warhol’s ‘Prince Series’ Is Fair Use, Court Rules”

AP story here.  Opinion here.On summary judgment, Judge Koeltl ruled that "[e]ach of the Prince Series works may reasonably be perceived to be transformative of the Goldsmith Prince Photgraph. … [H]er photographic work centers on helping others formulate their identities … Her photoshoot illustrated that Prince is 'not a comfortable person' and that he is a 'vulnerable human... | Read More

“Evidence against the suspects includes paint on their clothes, spray cans, eyewitness accounts and surveillance footage.”

7 People Charged In Connection With Vandalism Of "The Bean."... | Read More

“Those in favor of covering the murals have said some of the images are offensive to various groups.”

The New York Times reports that "the San Francisco Board of Education voted unanimously this week to cover a series of murals at George Washington High School that includes images of a dead Native American and slaves at work."Somehow it will cost between $600,000 and $845,000 to cover them up.Times columnist Bari Weiss is not amused:"The implications of this logic are chilling. What happens when... | Read More
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