Lessons from the Knoedler Gallery Lawsuit
Art galleries should understand the legal issues surrounding the Knoedler lawsuit such as breach of warranty, RICO conspiracy, and fraudulent concealment.
Losing Copyrights through Social Media
Are companies, like Olapic and Candid.io, taking control of images that you upload to social media?
Can a School District Claim Copyright in its Student Art?
A Maryland school district recently implemented a very controversial policy claiming that the creative work of its student is School property, not owned by the student creator. Is such a policy legal? Generally, copyrights are held by the creator or creators. With...
Posting an Internet Meme? You May Receive a Getty Infringement Letter
Memes have proliferated the internet since the dawn of social media. An image, usually taken entirely out of context, is paired with witty, often sarcastic banter whose only goal is to make you laugh. But did you know that there are often art licensing issues...
The Monkey Selfie: PETA Initiates Infringement Lawsuit for Macaque
The Internet is once again fixated on the infamous Monkey selfie, after People for the Ethical Treatment of Animals (PETA) filed a copyright infringement suit against David Slater, the wildlife photographer who claims to hold the copyright. For those that may not...
Art Dealers Should Make Full Disclosures When Selling Artist Multiples
New York's Art and Cultural Affairs Law offers some pretty extensive protections to purchasers of artist multiples, defined as any fine print, photograph, sculpture cast, collage, or similar art object produced in more than one copy. It's important for dealers and...
Is Copyright Duration Too Long?
The United States has been waging a battle against several other countries over how long a copyrighted work should be protected. Copyright duration has been one of the major sticking points in the massive free trade agreement, the Trans Pacific Partnership (TPP)...
Planning for the Copyright Registration Process
Find out what you need to know before registering your creative works with the Copyright Office, along with some ideas for building routine registration practices.
Why Copyright Infringement is Hard to Prove for Artists
As recently reported by Blount Art Info, it appears that celebrated neo-expressionist artist Cecily Brown may have a copycat. Or at least, that’s what she’s alleged via Instagram, where the artist denounced that a lesser-known painter had hawked her work and used a...
Model Citizens and Protected Images: Work-for-Hire and Right of Publicity
We previously discussed model releases and an example concerning a model whose image was being used by a company in a more liberal manner than what had originally been agreed to by the model and the company. You may recall that in this instance, the model had...
Does the Right of Privacy Apply to Photos?
Freedom of Speech is one of our most cherished values: #1 on the Bill of Rights hit parade. It is so important that it tends to trump most other laws. Yet, Freedom of Speech is not absolute. It is often limited in ways we do not expect or includes speech some...
Model Citizens: Protecting Images with a Model Release
Though the modeling industry is widely known as a grueling, cutthroat business with impossible standards of beauty and few chances for success, those models that do make the grade enjoy extremely lucrative careers. It's no secret that Giselle banks more bucks than...
How Fast Fashion Retailers Built Billion-Dollar Businesses by Stealing Designs
Design lovers and fashion darlings have long turned to fast fashion brands to supplement their wardrobes with pieces that are distinctly high fashion at a far lower price point. And when it comes to looking like you've stepped fresh off the pages of Style magazine,...
The Story Behind the “Woman In Gold”
Maria Altmann won her eight-year battle to restore the Gustav Klimt painting plundered by the Nazis when they invaded Austria. Be she did more than just that. She also made it easier for regular people to sue foreign governments.
Using Drones to Combat Archaeological Looting
Sites are disappearing all over the world due to looting, urban sprawl, warfare and other threats. Can using drones and advanced imaging techniques makes a difference?
Popcorn Time’s Video Streaming Has It All, but Is It Legal?
Popcorn Time, a relatively new online movie streaming service, has just about all the media content you could want, from the latest movies to Amazon originals. the company has tripled its usage over the past 6 months, with enough users for Netflix to consider Popcorn Time a major competitor. One would think getting rid of an illegal service would be easy, but the way the software work, it will be almost impossible to take down So what happens now?
Sotheby’s $15 million Caravaggio Disagreement
Whether a painting came from the hand of one of the Old Masters or is merely a copy made by a disciple will determine whether the work is exhibited in museums for centuries for the entire world to enjoy, or end up hidden away in a minor collector’s posh apartment....
Why the FAA Drone Policies Are So Awful
Earlier this year, the Federal Aviation Administration (FAA) fined Raphael Pirker $10,000 for flying a small Ritewing Zephyr, a remote controlled plane that retails for under $200. The fine was based on the careless or reckless operation of an “aircraft.” As we...
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