The recent U.S. Supreme Court decision in the latest art appropriation dispute likely has artists everywhere concerned that their works may be subject to future litigation. The highest court in the nation has found that the licensing of an Andy
Art Law Perspectives, published by Wilson, Elser, Moskowitz, Edelman & Dicker LLP, focuses on legal issues at the intersection of art and intellectual property. The blog covers topics such as copyright disputes involving artworks and photographs, fair use analysis in appropriation art, trademark and false advertising claims related to NFTs, and the legal complexities of decentralized autonomous organizations (DAOs) in the art world. It also addresses litigation involving famous artists and art institutions, the impact of emerging technologies on art law, and regulatory developments affecting art-related entities. The blog provides analysis of court decisions and their implications for artists, collectors, galleries, and digital art platforms.
Case study of The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith litigation.
There is a consensus that Andy Warhol originated the saying, “Art is anything you can get away with.” However, further research shows that Warhol may…
Online non-fungible token (NFT) marketplace OpenSea recently collaborated with a popular decentralized autonomous organization (DAO), Friends with Benefits (FWB). As part of the project, OpenSea commissioned ten contemporary artists, who are members of the DAO, to create “phygital” (i.e., physical…
The Ninth Circuit reversed a lower court’s decision in an action seeking recognition of a French money judgment for copyright infringement involving photographs of Pablo Picasso’s artworks. The lower court found that the French money judgment was not enforceable due…
“Stay safe out there, anything too good to be true is a … scam.” Beeple, a popular digital artist, tweeted to his followers, addressing the phishing scam that took place on May 23, 2022, targeting his Twitter account. The attack…
Jeff Koons Defends Copyright Infringement of a Sculptural Work, Claiming “Useful Article” Defense and Fair Use
In 2021, set designer Michael Hayden sued appropriation artist Jeff Koons for copyright infringement arising out of Koons’s use of Hayden’s 1988 sculpture in…
Street artist Alessia Babrow has sued the Vatican, alleging that the Philatelic and Numismatic Office of the Vatican City State copied her artwork without her permission and reprinted it as a stamp. The art was a painting of Jesus by…
UNITED STATES
Frieze Art Fair Reopens for In-Person Attendance
The Frieze Art Fair, relocated from Randall’s Island to the Shed in Manhattan, was praised by participants and attendees for its seamless install and organization, with timed entry allowing galleries and…
SCOTUS Sets Precedent on the Expropriation Exception to the Foreign Sovereign Immunities Act, Ruling that Germany Cannot Be Sued in the United States for Taking Property from Its Own Citizens
The U.S. Supreme Court unanimously ruled against the Jewish…