Artists

News & Analysis as of

Klimt Foundation Deal with Heirs of Portrait Owner Comes to Fruition at Sotheby’s

Gustav Klimt’s Portrait of Gertrud Loew was sold at auction by Sotheby’s in London last week, for over £24 million (a figure more than £6 million in excess of the upper end of its expected sale price range). Described on the...more

Shepard Fairey Tagged: Detroit Issues Arrest Warrant

Shepard Fairey, viewed by some as a cutting edge and important “street artist” and by others as a vandal for his works of graffiti on both public and private property, has had a warrant for his arrest issued by the City of...more

Richard Prince Once Again Pushes The Limits Of Fair Use

Richard Prince is either on the very edge of fair use or is engaging in blatant copyright infringement. Unlike most however, Prince has been down this road before; accused of infringement and a defense based entirely on fair...more

Why the Battle over Artists’ Termination Rights in Sound Recording Copyright Transfers Hasn’t Happened (and Probably Won’t)

January 1, 2013 was a date long-feared by the recording industry. It marked the 35-year anniversary of the effective date of the Copyright Act of 1976, which grants authors of works an absolute right to terminate a transfer...more

Britto v. Apple: Utilizing the IP Kitchen Sink

Can an artist’s particular style of art constitute both copyrightable expression and trade dress? Brazilian artist Romero Britto has filed suit against two artists known as “Craig & Karl” for copyright infringement —...more

Take Down for “Chinatown”?

Famous brand owners, take note: a Turkish artist and designer named Mehmet Gozetlik recently released “Chinatown,” a mesmerizing series of photographs in which neon lights depict famous design marks, with the word mark...more

UK: Freedom of Speech - Unnamed artist to appeal publishing injunction in the Supreme Court

On 9 December a well-known British performing artist was granted permission to take his case to the Supreme Court, where he will appeal the Court of Appeal’s decision in OPO v MLA & STL, reported here in October 2014....more

A Tax Incentive for Oregon’s Artists to Donate Their Work

Oregon tax law, unlike federal tax law, gives an incentive to Oregon resident artists to donate their own artwork to charities. In general, when an artist donates her art, and has obtained an appraisal, she can deduct the...more

Appropriation Art As Fair Use Under The Copyright Act

Appropriation art raises special issues of fair use. An appropriation artist takes the work of another artist and modifies it in some fashion and in the process creates a new work of art. Andy Warhol's Campbell Soup Can...more

Ain’t Nothing Like the Real Thing: Despite Forgery Scandals, the Fine Art Market is Booming

On January 23rd, in a rare public appearance, Jasper Johns testified against a New York foundry owner, Brian Ramnarine, who was charged with creating unauthorized sculptures, including a fraudulent Johns “Flag” sculpture...more

Mum’s the Word: New York’s Highest Court Maintains Anonymity in Auction Sales

In late 2012, we reported on a New York Appellate Division order that sent shockwaves and fear of instability through the auction house world. Late last month, the New York Court Appeals issued its opinion in the case of...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- November 27, 2013

Cohen v. G&M Realty L.P., USDC, E.D. New York, November 20, 2013 - In a matter of first impression, district court denies preliminary injunction under federal Visual Artists Rights Act (VARA) to graffiti artists...more

Hitler A Part Of The Justice League?

As part of a long-standing tradition, freshman art students at Thailand’s premier Chulalongkorn University designed a mural for the graduating class....more

Banksy, I Thought We Were Friends

I have blogged before about one of my favorite graffiti artists, Banksy. Recently there has been some buzz in the ad world about another provocative work attributed to him. It involves a well-known bottle and trademark that...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - May 3, 2013

- Cariou v. Prince, USCA Second Circuit, April 25, 2013 - Second Circuit reverses summary judgment in favor of photographer on his infringement claims against well-known appropriation artist Richard Prince, holding...more

Appropriation Art Alive and Well after Second Circuit Ruling in Cariou v. Prince

Today, the Second Circuit handed down its much anticipated decision in Cariou v. Prince regarding the legality of appropriation art by artist Richard Prince. Just over two years ago, in federal district court in New...more

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