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Art Artists Copyright

K&L Gates LLP

Litigation Minute: The Generative AI Litigation Landscape (Generative AI Series: Part One of Three)

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What You Need To Know In A Minute Or Less - Beginning in 2023, courts across the United States have grappled with a wave of lawsuits challenging the legality and use of generative artificial intelligence (AI) systems and...more

Arnall Golden Gregory LLP

Painting the Town: The Legal Landscape of Commissioned Murals

Public art installations like murals can be an exciting, effective way to transform the aesthetics of a property — and oftentimes the character of an entire community. Whether it’s a business district looking to attract...more

Sullivan & Worcester

Look to the Purpose, not the Meaning—Supreme Court Rejects Warhol Foundation’s Fair Use Defense Against Lynn Goldsmith

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The Supreme Court of the United States has issued its long-awaited ruling in the dispute between photographer Lynn Goldsmith and the Andy Warhol Foundation for the Visual Arts (AWFVA) on May 18, 2023. The Court held the...more

Miller Canfield

Supreme Court Rules Against Andy Warhol Foundation in Question About Fair Use

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For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol...more

Freeman Law

A Picture, A Painting, and A Prince: The Supreme Court Addresses the ‘Fair Use’ Doctrine

Freeman Law on

On May 18, 2023, the U.S. Supreme Court issued its 43-page majority opinion in the case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869, 598 U.S. Facts. The facts of the case center around...more

Venable LLP

Generative AI - Copyright Overview Part 1

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Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more

Holland & Knight LLP

AI Is Improving Its Artistic Skills, But Who Owns Its Output?

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A few years ago, I inadvertently offended an artist friend of mine. We were discussing whether computers would ever generate art that matched what humans could create. She took the position that machines cannot "create"...more

Morgan Lewis

NFTs: What's in Store for 2022?

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2021 was a banner year for non-fungible token sales, which are projected to climb even higher in 2022. Selected by Collins English Dictionary as the 2021 Word of the Year, non-fungible tokens (NFTs) are unique...more

Smart & Biggar

Art meets crypto – traditional copyright issues in a tokenized world

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Non-Fungible Tokens (NFTs) are the latest development in disruptive blockchain technology innovations, this time in the world of digital art, collectibles, and even luxury goods. Traditional auction houses have already...more

Haug Partners LLP

Valuation of NFTs: Factors to Consider and an Alternative to Destroying the Original Work

Haug Partners LLP on

Seven Important Traits - Attempting to value NFTs is a speculative and challenging practice, in part because they are still relatively new and there are few comparable assets. The newsletter Bankless gives seven traits to...more

Dorsey & Whitney LLP

A Tale of Two Princes

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An important decision by the Second Circuit in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, Case No. 19-2420-cv (2d Cir. Mar. 26, 2021), has, in important respects, upended how the defense of fair use is...more

Foster Garvey PC

Sports & Entertainment Spotlight - March 2021 #3

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Welcome back and to those of you who celebrated a belated Happy St. Patrick’s Day. While I can’t promise that this installment of the Spotlight will be the “hair of the dog,” it should still make for a great accompaniment...more

BakerHostetler

Supremes Won’t Review the Morality of Whitewashing Graffiti Art

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Too bad that on Oct. 5 the Supremes passed on applying a due process determination to define the “recognized stature” of art. The Visual Artists Rights Act of 1990 (“VARA”) gave visual artists limited “moral rights” in their...more

Manatt, Phelps & Phillips, LLP

5Pointz Owner Seeks SCOTUS Review of VARA

G&M Realty (G&M), the owner of the famous New York City graffiti space known as 5Pointz, asked the Supreme Court to strike down as unconstitutional the Visual Artists Rights Act (VARA), a federal copyright law that provides...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2020: Cohen v. G&M Realty L.P.: A Judicious Gentrification of Graffiti

Last week, the Second Circuit issued a landmark decision clarifying the types of work protectable under the federal Visual Artists Rights Act (VARA) in Cohen v. G&M Realty L.P. The decision confirms that graffiti art is a...more

Dorsey & Whitney LLP

VARA Claim over 16th Century Spanish Galleon Replica Goes Up in Smoke

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The Visual Artists Rights Act (“VARA”) protects a “work of visual art” from “intentional distortion, mutilation, or other modification.” VARA defines what a work of visual art is, and also what it isn’t. A painting, drawing...more

Sullivan & Worcester

Is Graffiti Ineligible for Copyright Protection Just Because the Act of Tagging is Illegal?

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After reports of a settlement proved premature, designer Moschino S.p.A. and its creative director Jeremy Scott have moved for summary judgment on the copyright claims filed last year by street artist Joseph Tierney, better...more

Nossaman LLP

Appropriation Art As Fair Use Under The Copyright Act

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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

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