News & Analysis as of

Artists

Are Warhol Works Meticulously Recreated By British Artist 30 Years After Warhol’s Death Authentic Warhol Paintings?

by Fox Rothschild LLP on

In recent art world news, British artist Paul Stephenson has recreated some of Andy Warhol’s most celebrated works using the exact same materials and methods as the late artist. This has sparked a lively debate as to what...more

Graffiti Artists Tag Camuto Fashion House for Copyright Infringement

by Dorsey & Whitney LLP on

Earlier this month, four Los Angeles-based graffiti artists, “Rime,” “Host18,” “Taboo” and “Reme” filed suit against the Vince Camuto fashion house and related entities alleging copyright infringement for “inexplicably...more

De Sole et al. v. Knoedler Gallery, LLC et al.: #FAKES

In the past, when one thought of “art” and “risk,” World War II–era looting and restitution often came to mind. While these issues are certainly still prominent, the importance of due diligence and risk management have...more

This Painting is My Speech, This Painting is Your Speech—Government Scores a Win in Capitol Painting Controversy

by Sullivan & Worcester on

A controversial painting removed from display at the U.S. Capitol will not be returning to display after the U.S. District Court denied a request for an injunction before the exhibition in question came to an end. While the...more

Organization Of Largest Exhibition Of Michelangelo Works In Its History Underway At The Met

by Fox Rothschild LLP on

In recent art news, the Metropolitan Museum of Art (“The Met”) announced earlier this week that it is planning the largest exhibition of Michelangelo works in its history set to open later this year. The exhibition will...more

Visual Artists Rights Act Review

In 1990 Congress added the Visual Artists Rights Act (VARA) to the Copyright Law as new Section 106A. Section 106A provides: 106A Rights of certain authors to attribution and integrity - (a) Rights of Attribution...more

Will a court recognize ‘aerosol artists’?

by Thompson Coburn LLP on

You may think of it as “graffiti,” but a court in New York must determine if “aerosol art” is “meritorious” and of “recognized stature” such that it gets special copyright protection....more

Two Heads May Be Better Than One, But Six Heads Won’t Help You Market Your Bar

Monte Thrasher brought a VARA complaint against Marci Siegel and Co-Op 28 for painting over his “Six Heads” mural in the Los Feliz neighborhood of Los Angeles...more

Artists’ Studios in East Hampton: “Cease and Desist”

by Farrell Fritz, P.C. on

East Hampton Town restricts the size of accessory structures to 600 s.f. (each) with no plumbing. However, because of a long history of artists in the Town (e.g., Pollock, Willem and Elaine DeKooning), an Artist’s Studio is...more

Gurlitt Bequest to Kunstmuseum Bern is Upheld

by Sullivan & Worcester on

Cousin Had Challenged His Capacity to Make a Will Shortly Before 2014 Death - After a two-year legal battle, the Oberlandesgericht in Munich has upheld the dismissal of Uta Werner’s challenge to the will made by...more

Is Coopting Graffiti's Street Cred a Fair Use?

by Sullivan & Worcester on

Estate of Graffiti Artist Sues McDonald’s Over Fast-Food Décor - The estate of Dashiell “Dash” Snow, better known as graffiti artist “Secret Snow”—has sued McDonald’s over allegedly infringing use of Snow’s street art...more

Insuring Fine Art: The Visual Artists Rights Act and Its Bad Faith Implications

by Cozen O'Connor on

Insuring fine art can present challenges that are not encountered with other types of property. One of these challenges involves the application of the Visual Artists Rights Act of 1990 (17 U.S.C. §106A) (“VARA”) when artwork...more

New Authentication Lawsuit Filed Against Agnes Martin Catalogue Raisonné

by Sullivan & Worcester on

For several years the topic of litigation against appraisers and authenticators has been a controversial issue, causing a number of artists’ foundations and independent professionals to refrain from giving opinions for fear...more

Making Sense of the Peter Doig Trial and the Authentication Fallout

by Sullivan & Worcester on

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

Update: I Swear It’s Not Mine – Artist Sued for Denying He Created Art Piece

Yesterday, August 23, 2016, U.S. District Judge Gary Feinerman reached a verdict in the authentication case against Peter Doig. He stated that Doig “could not have been the author of the work”, but rather in all likelihood...more

I Swear It’s Not Mine – Artist Sued for Denying He Created Art Piece

Artist Peter Doig, whose pieces regularly sell for $10 million, is currently entangled in a rare and rather odd lawsuit, which involves a work Doig denies he created. While disputes of the authenticity of pieces of artwork...more

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

by Dorsey & Whitney LLP on

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

German Federal Constitutional Court: Use of short “samples” in music titles does not qualify as infringement of exploitation...

by Reed Smith on

On 31 May 2016, the German Federal Constitutional Court (Bundesverfassungsgericht – “BVerfG”) issued a judgment in favor of a Hip-Hop artist (“Artist”) who had used a 2-second-sample of Kraftwerk’s song “Metall auf Metall”...more

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

by Sullivan & Worcester on

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

Guelph Treasure Heirs Explain Why Case Belongs in U.S. Court

by Sullivan & Worcester on

We filed yesterday the opposition to the motion to dismiss my clients’ claims over the 1935 forced sale of the Guelph Treasure, or Welfenschatz. The motion was filed two months ago by defendants Germany and the Stiftung...more

Central District of California Holds That the California Resale Royalty Act Is Preempted by Federal Copyright Law

by BakerHostetler on

As previously discussed on this blog, the validity of the California Resale Royalty Act (the “RRA,” Civil Code Section 986), a 1976 law that requires resellers of fine art to pay a royalty of 5 percent to the artists behind...more

Innovation and Censorship of Television in China

by WilmerHale on

China has embarked on a difficult transition from high growth fueled by reliance on investment and manufacturing to growth based on consumption and the service sector. For this new economic model, the key to sustaining growth...more

Germany Keeps Digging—Explanation for Excluding Jewish Member from Nazi-looted Art Advisory Commission is Worse than Before

by Sullivan & Worcester on

Last week Germany’s Minister of Culture Monika Grütters made the astonishing statement that the Advisory Commission that issues recommendations for questions of allegedly Nazi-looted art in German museums would not be revised...more

Live from the Oscars! German Cultural Ministry Disparages Possible Inclusion of Jewish Member on Advisory Commission

by Sullivan & Worcester on

The New York Times reports today that Germany will pay for “at least” one more year of the Gurlitt Task Force, which recently concluded its initial term of appointment amidst criticism of the German government’s handling of...more

Time to Go—Flechtheim Heirs Withdraw from Limbach Commission That Has Outlived its Usefulness

by Sullivan & Worcester on

Two days after suspending their participation in the Advisory Commission on the return of cultural property seized as a result of Nazi persecution, especially Jewish property, often called the "Limbach Commission" after its...more

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