The idea of moral rights continues to be a notable difference between European and American intellectual property rights with respect to visual arts. Last week’s decision by the U.S. Court of Appeals for the 9th Circuit in a...more
7/10/2018
/ Artists ,
Commerce Clause ,
Copyright ,
Dormant Commerce Clause ,
EU ,
First Sale Doctrine ,
Intellectual Property Protection ,
Preemption ,
Royalties ,
Supremacy Clause ,
The Copyright Act ,
Visual Artists Rights Act (VARA)
I am pleased to report on the outcome of a matter we announced in February. After a disagreement with the City of Palo Alto (California) about her sculpture Digital DNA, Sullivan & Worcester LLP client Adriana Varella has...more
Sullivan & Worcester LLP has taken action on behalf of its client, artist Adriana Varella, to protect her sculpture Digital DNA from removal and destruction by the City of Palo Alto, California. Digital DNA has stood in the...more
After a recent discussion about whether the new Fearless Girl sculpture by Kristen Visbal in Lower Manhattan might implicate the copyright of the earlier Charging Bull sculpture that has been there for nearly three decades,...more
There has been much discussion about the impact of the Presidential election on the art market, amidst much generalized anxiety about "fake news." What about "fake art?" Never one to be behind the curve, artist Richard...more
The ongoing saga between Yves Bouvier and Dmitri Rybolovlev over Bouvier’s sale to the Russian billionaire of Leonardo’s Salvator Mundi (and a recent preemptive suit by Sotheby’s against the original sellers of the work to...more
As was reported in detail by the New York Times and others earlier this week, artist Peter Doig prevailed in what most agree was the strangest art related trial in many years. In a nutshell, Doig was accused by a former...more
8/26/2016
/ Art ,
Art Sales ,
Artists ,
Authentication ,
Fake Art ,
Fine Art ,
Forgery ,
Paintings Sculptures and Engravings ,
Personal Property ,
Peter Doig ,
Popular ,
Self-Authentication ,
Tortious Interference ,
Visual Artists Rights Act (VARA)
The Ninth Circuit has ruled against two artists in a long-running dispute about a hybrid school bus creation at Burning Man more than ten years ago, a “galleon” named La Contessa. In announcing a test that focuses on whether...more
Last year we bemoaned a lost opportunity when a preliminary over a mural on the Prado Dam in California was decided under what seemed to us to be a misunderstanding of the Visual Artists Rights Act of 1990, 17 U.S.C. § 106A...more