Author Archive

“But the imperious demands of a multimillionaire who no longer wants to wait cannot trump the plain and unambiguous language of the Purchase Agreements, which do not require Mr. Koons to create the Works by any specified deadline.”

Artnews:  Gagosian Gallery Files Motion to Dismiss Steven Tananbaum’s Jeff Koons ‘Non-Delivery’ Lawsuit.This is the one with the ouroboros.... | Read More

“Anish Kapoor Sues NRA for Copyright Infringement of Bean Sculpture”

Artnews story here.  They use it in an ad.Sergio Muñoz Sarmiento thinks Kapoor is trying to use copyright to censor speech.IP professor Christine Farley tweets:  "The Bean appears for just 1 second, but it takes up almost the entire frame. De minimis?"  (For a recent de minimis case, see here.)And some interesting Twitter discussion among some law professors here (though I really... | Read More

“In such a polarised climate, should auction houses and dealers not pay their dues to the artists from whom they profit?”

In The Art Newspaper last week, Anny Shaw uses P. Diddy's recent purchase at auction of a Kerry James Marshall painting for $21 million -- "Marshall didn’t receive a cent from the sale" -- as an occasion to wonder about resale royalties for artists.And that reminds me to thank everyone who came out to Pioneer Books Monday evening for a stimulating conversation on the subject of resale royalties... | Read More

“A New York City real estate developer who demolished the famed graffiti space 5Pointz won’t get a new trial, after a federal judge Wednesday issued a scathing opinion that blasted the owner for lying in court and other ‘egregious behavior.'”

Law360:  No New Trial Over 5Pointz Graffiti Destruction, Judge Says:"The ruling paves the way for Wolkoff to take the case to the Second Circuit, setting the stage for a closely watched appeal ...."One question for that appeal will be whether statutory damages are the appropriate remedy for the kind of behavior that seemed to tick off the Judge here.... | Read More

“The court found the graffiti was ‘never fully visible, let alone legible,’ even when the video was paused, because it appeared on screen for less than three seconds, in the background, at an oblique angle, and in low, uneven light.”

Frankfurt Kurnit's Brian Murphy on the dismissal of a recent copyright case on de minimis grounds.  Full decision here.... | Read More

“The court found the graffiti was ‘never fully visible, let alone legible,’ even when the video was paused, because it appeared on screen for less than three seconds, in the background, at an oblique angle, and in low, uneven light.”

Frankfurt Kurnit's Brian Murphy on the dismissal of a recent copyright case on de minimis grounds.  Full decision here.... | Read More

“Shane Campbell Looks to File a $15 Million Class Action Lawsuit Against Frieze for ‘Unbearable’ Heat”

Story here.... | Read More

“I spent hours researching it, and I concluded that Arcis is a tax-free zone in search of a tax.”

A Longreads read on the new "freeport" in Harlem.... | Read More

“This action arises from a greedy, malevolent, fraudulent, bad-faith and (unfortunately) successful scheme to financially devastate the Estate and, indirectly, Belinda, by destroying the value of the Estate’s most valuable asset — Jean-Michel Basquiat’s masterpiece, ‘Flesh and Spirit.'”

The next round in a dispute over a Basquiat sold at Sotheby's last month. For round one, see here.The painting sold for $30.7 million.  The claim seems to be that, but for the greedy, malevolent, fraudulent, bad-faith scheme, it would have sold for more.... | Read More

Because we said so, that’s why

I've been meaning to link to the AAMD's statement regarding their imposition of sanctions on the Berkshire Museum and the La Salle University Art Museum.It's a really good instance of the phenomenon Michael Rushton talked about here: it just states their policy as if it's self-evident; there's no real effort made to explain why the policy makes sense.All the work is done (to the extent any work... | Read More
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