Art Law Journal

OCTOBER 24, 2018

Fair use is a common art law issue that arises for artists. Here, we review the College Art Association's Code of Best Practices in Fair Use for the Visual Arts. Nicole Martinez.

Fair Use 52

Fair Use Art Art Law Law 52

Art Law Journal

FEBRUARY 3, 2023

Are you using AI like Dall-e or MidJourney to create Art? Find out how copyright law applies to computer art created through generative AI.

Art 52

Art Copyright Law Copyright Law 52

Art Law Journal

DECEMBER 1, 2020

Street art remains controversial and the rights artists have over their works continues to be a messy subject but is it illegal? Nicole Martinez.

Art 80

Art Copyright 80

LexBlog IP

JULY 14, 2023

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

Art Copyright Copying Art Law 52

Art Law Journal

DECEMBER 1, 2020

Street art remains controversial and the rights artists have over their works continues to be a messy subject but is it illegal? The post Street Art or Vandalism? appeared first on Art Business Journal.

Art 52

Art Journalism Business Trademark 52

Art Law Journal

NOVEMBER 12, 2020

Given the popularity of street art, video mash-ups, remixes, or pop art, it's important to know whether the works being used are copyright-free. Steve Schlackman.

Copyright 82

Copyright Art Public Domain Copyright Infringement 82

Art Law Journal

JANUARY 21, 2021

It is a common misperception that you cannot copyright a building design. The post Copyright for Architectural Designs appeared first on Art Business Journal. The post Copyright for Architectural Designs appeared first on Art Business Journal. With the passage […].

Designs 52

Designs Design Copyright Journalism 52

Art Law Journal

MAY 13, 2021

Etsy copyright infringement by its members is a well-known problem and while it has taken some steps to tackle the issue, what, if any, recourse do content creators have in stopping these infringements? The post The Etsy Copyright Infringement Problem appeared first on Art Business Journal.

Copyright Infringement 52

Copyright Infringement Copyright Journalism Art 52

Art Law Journal

JANUARY 7, 2021

What are the legal remedies when a purchased artwork is discovered to be an art forgery? The Trouble with Authenticating Art appeared first on Art Business Journal. What are the challenges for collectors in authenticating artworks? The post Can You Spot a Fake?

Art 52

Art Artwork Journalism Business 52

Art Law Journal

DECEMBER 17, 2020

In this article, we discuss international copyright treaties, the minimum protection you may see from countries across the globe, as well as the enhanced rights only available in the United States. The post Is My Copyright Internationally Protected? appeared first on Art Business Journal.

Copyright 52

Copyright Journalism Art Business 52

Art Law Journal

APRIL 22, 2021

Unfortunately, there is very little stopping some of these users from creating products with stolen copyrighted designs and other art, with the copyright holder […]. The post Copyright infringement is a high-benefit, low-risk business model appeared first on Art Business Journal.

Copyright Infringement 52

Copyright Infringement Business Graphic Design Copyright 52

Art Law Journal

JULY 15, 2021

If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright? The post How Can Museums Copyright the Works of Old Masters? appeared first on Art Business Journal.

Public Domain 52

Public Domain Copyright Artwork Journalism 52

The IPKat

SEPTEMBER 3, 2022

This is a book review of ‘ Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author ’, by Professor Kathy Bowrey , UNSW, Sydney. It seeks to address questions of how copyright generates income and how distributions of profits are allocated in the publishing, film and music industries.

Copyright 95

Copyright Music Intellectual Property Marketing 95

Art Law Journal

MAY 21, 2021

DMCA stands for the “Digital Millennium Copyright Act.” The post How to Submit a Copyright Takedown Notice appeared first on Art Business Journal. website is using your images without your permission, the easiest and fastest way to stop the infringement is to send the website a “DMCA Takedown Notice.”

Copyright 52

Copyright Journalism Art Business 52

Art Law Journal

MARCH 11, 2021

If the owner of a copyrighted work cannot be found, can I use it? The post Using Orphan Works (Copyright Holder Can’t Be Located) appeared first on Art Business Journal. It may be possible if you analyze the orphan work properly.

Copyright 52

Copyright Journalism Art Business 52

Art Law Journal

APRIL 22, 2021

Unfortunately, there is very little stopping some of these users from creating products with stolen copyrighted designs and other art, with the copyright holder […]. Users can create customizable products featuring their own photos or other graphic designs.

Copyright Infringement 52

Copyright Infringement Graphic Design Copyright Business 52

Art Law Journal

JULY 15, 2021

If an artwork is in the public domain, free from copyright protection, then how can a museum claim it holds the copyright? Steve Schlackman.

Public Domain 127

Public Domain Copyright Artwork Intellectual Property 127

Art Law Journal

MAY 21, 2021

DMCA stands for the “Digital Millennium Copyright Act.” website is using your images without your permission, the easiest and fastest way to stop the infringement is to send the website a “DMCA Takedown Notice.”

Copyright 75

Copyright Art Law Copyright Infringement Art 75

Art Law Journal

JUNE 16, 2022

Congress included a “statutory damages” provision in the Copyright Act to ensure that artists receive guaranteed compensation for an infringement along with making any infringement case easier and faster to litigate. So let’s first review what copyright protects and when and how that protection goes into effect.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

Art Law Journal

SEPTEMBER 9, 2020

Many people think if they pay for creative work, they own the copyright but as you'll see in this article, that isn't always the case. Steve Schlackman.

Art 75

Art Copyright Contracts 75

Art Law Journal

MAY 13, 2021

Etsy copyright infringement by its members is a well-known problem and while it has taken some steps to tackle the issue, what, if any, recourse do content creators have in stopping these infringements? Steve Schlackman.

Copyright Infringement 97

Copyright Infringement Copyright Registration Licensing 97

Clancco

MARCH 8, 2021

After hearing that Metro Pictures gallery would close at the end of this year, I woke this morning thinking of an interview I did with artist and dean of the CalArts School of Arts, Tom Lawson, almost 15 years ago , which contains Lawson’s poignant thoughts on the origins of Metro Pictures.

Art 52

Art Art Law Law Copyright 52

LexBlog IP

APRIL 18, 2022

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.

Fair Use 40

Fair Use Copyright Art Copyright Law 40

Art Law Journal

AUGUST 19, 2018

However, those that do so face larger consequences under DMCA laws. Art Law Journal breaks it down. Chris Reed. Recently, Google warned of new methods to remove watermarks online.

Art Law 52

Art Law Journalism Art Law 52

Art Law Journal

JULY 27, 2023

Discover the potential of statutory damages in copyright infringement cases and why understanding this aspect of intellectual property law is crucial for artists.

Intellectual Property Law 71

Intellectual Property Law Copyright Intellectual Property Copyright Infringement 71

Art Law Journal

FEBRUARY 3, 2023

Find out how copyright law applies to content created through generative AI. Are you using AI like Dall-e or ChatGPT to create content?

Copyright 78

Copyright Copyright Law Law Public Domain 78

LexBlog IP

MAY 24, 2023

SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement. If you would like a consultation about your copyright, please feel free to contact us.

Fair Use 52

Fair Use Artwork Intellectual Property Copyright Law 52

Art Law Journal

JANUARY 21, 2021

It is a common misperception that you cannot copyright a building design. Steve Schlackman. That is probably because, before 1990, there wasn’t much protection for building designs. With the passage […].

Designs 52

Designs Design Copyright Copying 52

Art Law Journal

JUNE 28, 2018

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

Art Ownership Fair Use Copyright Infringement 52

The IPKat

FEBRUARY 25, 2024

He holds an MA in Art Law and Art Management from the International Hellenic University and an LLM in Legal Theory and Interdisciplinary Legal Studies, focusing on copyright law, from the Aristotle University of Thessaloniki. He is pursuing an LLM in European Intellectual Property Law at Stockholm University.

Intellectual Property Law 60

Intellectual Property Law Intellectual Property Art Law Journalism 60

The Art Law Blog

APRIL 5, 2021

"Whether they quite meant to or not, their ruling had the effect of declaring that the landmark inventions of Duchamp and Warhol — the 'appropriation' they practiced, to use the term of art — were not worthy of the legal protection that other creativity is given under copyright law."

Art 40

Art Fair Use Copyright Law Invention 40

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Goldsmith counterclaimed for copyright infringement. Originals” [7] : The Works at Issue.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Art Law Journal

DECEMBER 17, 2020

In this article, we discuss international copyright treaties, the minimum protection you may see from countries across the globe, as well as the enhanced rights only available in the United States. Steve Schlackman.

Copyright 57

Copyright Copyright Infringement Intellectual Property Law 57

LexBlog IP

JUNE 27, 2023

Goldsmith [1] also has the potential to upend long-held practices in the art world. adopting that posture of indifference, the majority does something novel (though in law, unlike in art, it is rarely a good thing to be transformative).” The Warhol Foundation, presciently, filed an amicus brief defending appropriation art.

Litigation 52

Litigation Intellectual Property Art Fair Use 52

Art Law Journal

JULY 15, 2020

Copyright Office is the most effective way to ensure you'll be fairly compensated in a copyright infringement lawsuit. Steve Schlackman. Registering your work with the U.S.

Copyright Infringement 70

Copyright Infringement Copyright Registration Litigation 70

43(B)log

DECEMBER 6, 2023

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.

Ownership 69

Ownership Contracts Copyright Registration 69

Art Law Journal

JULY 31, 2020

Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits. Nicole Martinez.

Fair Use 73

Fair Use Blogging Copyright Social Media 73