News & Analysis as of

Visual Artists Rights Act (VARA) Copyright Infringement

Dorsey & Whitney LLP

Unauthorized Use of Banksy’s Work: Does a Street Artist Have Legal Recourse Against an Exhibition?

Dorsey & Whitney LLP on

Recent unauthorized Banksy exhibits highlight the ongoing struggle of what obligations society owes to artists. While intellectual property laws primarily provide artists with economic protections and redress, what of artists...more

Stoel Rives LLP

License to Build: The Importance of License Terms in Design Agreements

Stoel Rives LLP on

Plans, drawings, and related design documents are needed at all stages of a construction project, from early concepts and permitting to site preparation and construction itself. Many professionals in construction and property...more

International Lawyers Network

Th-Inking About The Law: Tattoos Leaving Indelible Marks On Black-Letter Principles & Coloring Our Perspectives

Tattoos, one of the oldest art forms in the world, are all over the legal news in recent years.  The news runs the gamut from a tattooist suing a movie studio over replication of Mike Tyson’s facial tattoo in The Hangover II...more

Downey Brand LLP

Copyright Protection for Tattoos: Are Tattoos Copies?

Downey Brand LLP on

Abstract - This Note argues that, although “flash art” and other drawings upon which a tattoo may be based are likely copyrightable subject matter under the Copyright Act of 1976 (Copyright Act), the policy implications...more

Sullivan & Worcester

“Charging Bull” Sculptor Articulates VARA Complaint, But “Fearless Girl” Still Standing Firm

Sullivan & Worcester on

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

Sullivan & Worcester

Fake News, Fake Art?  Richard Prince Disavows Work Depicting Ivanka Trump

Sullivan & Worcester on

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

WilmerHale

Copyright and Trademark Case Review: In "Vogue," Burning Man, Building Plans and More

WilmerHale on

Copyright Opinions - Samples in Madonna's “Vogue” Too Trivial to Be Infringing: VMG Salsoul, LLC v. Ciccone, Nos. 13-57104, 14-55837 (9th Cir. June 2, 2016) - Graber, J. In a suit claiming infringement of both...more

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