Remove Art Law Remove Copyright Remove Ownership
article thumbnail

court finds that transferring title to mural also transferred (c); VARA and CMI claims against ad also fail

43(B)log

The contract provided that the buyer would own the “Work” once it was paid for and that “Purchaser and/or building owner may not copyright, reproduce, or merchandise images of the Work without the Artist’s written consent in advance.” Williams registered his copyright and sued, alleging infringement, violation of VARA, and §1202 violations.

article thumbnail

Andy Warhol, Prince, and the First Amendment: U.S. Supreme Court Grants Review of Questions Concerning “Fair Use” Under Copyright Act

LexBlog IP

Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. When Prince died in 2016, Vanity Fair’s parent company sought permission from the Andy Warhol Foundation for the Visual Arts, Inc.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Apples and Oranges: District Court Grants Maurizio Cattelan’s Summary Judgment Motion in Copyright Claim Against His Art Basel Banana

LexBlog IP

sent on June 9, 2023 by granting Italian artist Maurizio Cattelan’s motion for summary judgment in a copyright lawsuit fellow artist Joseph Morford brought against him in the Southern District of Florida. [1] Morford’s claim is barred by the copyright doctrine of merger. 22] The banana is a real banana. [23]

Art 52
article thumbnail

What are NFTs and what does it mean to own one?

Clancco

If you’re confused as to what the hell NFTs are, particularly art NFTs, here’s a new article by Alfred Steiner that pretty much walks you through and safely out of the NFT hell. Steiner concludes with some observations about how NFTs may be good and bad for the art industry.

Art 64
article thumbnail

Who Really Owns The Art: Creator or Buyer

Art Law Journal

Buying visual art, such as an oil painting, and we may have joint ownership along with its creator. Steve Schlackman. So what did we really buy?

Art 52
article thumbnail

Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Take these two commonly heard phrases: “I need to copyright my company name,” and “I want to patent my new idea.”.

article thumbnail

Which Types of IP (Intellectual Property) Protection Do Artists Need?

Art Law Journal

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.