Category Archives: Intellectual Property (Copyright and Moral Rights)

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Ain’t Nothing Like the Real Thing: Despite Forgery Scandals, the Fine Art Market is Booming

On January 23rd, in a rare public appearance, Jasper Johns testified against a New York foundry owner, Brian Ramnarine, who was charged with creating unauthorized sculptures, including a fraudulent Johns “Flag” sculpture which Ramnarine allegedly made from the original mold and attempted to sell for $11 million.  Johns testified that the sculpture was not authorized, … Continue Reading

The Architecture of Copyright

This summer, Pacific Standard Time’s world-class exhibits highlight the architecture that gives Southern California its unique reputation for modern but relaxed style. This series of exhibits, a Getty initiative, titled “Modern Architecture in LA,” maps the aspect of Los Angeles architecture that is often overwhelmed by residential structures, instead focusing on infrastructure and urban planning, … Continue Reading

My Fellow Californians – Our Long National Nightmare is Over

By Christine Steiner In the same era Gerald Ford advised his fellow Americans that “our long national nightmare is over,” as he succeeded Richard Nixon as president, the California Legislation enacted the sloppily-drafted California Resale Royalty Act, Civil Code Section 986. The act was not exactly a nightmare, in truth it slumbered for most of … Continue Reading

Life After Death – Right of Publicity Law

By Kathryn Hines and Christine Steiner Society is consumed with celebrity. We can survey Hollywood marriages and divorces, analyze Golden Globe wardrobe choices and comment upon the latest Lindsey Lohan foible. It is not surprising that many artists have channeled this societal obsession, featuring celebrities in paintings, collages and video installations. Moreover, as we approach … Continue Reading

The Year In Review

By Lano Williams and Christine Steiner The past year was packed with litigation that ranged from broad constitutional questions to the ever present scourge of forgeries. Art Law Gallery presents highlights of some of the most important cases:  … Continue Reading

Artist Resale Royalties–New Cases under California Law

By Tyler Baker and Christine Steiner On October 17, a proposed class of artists filed three federal lawsuits against auction houses Christie’s, Inc., and Sotheby’s, Inc., and internet auctioneer eBay, Inc., alleging that the defendants sold their artwork at California auctions and on behalf of California sellers, but failed to withhold royalties due. The complaints … Continue Reading

“I-Arts” Viva La Revolución Digital

Whether iPhone, blackberry, or droid, the smartphone has become the modern day Swiss Army knife. Now, with the help of these ubiquitous gadgets, artists, collectors and institutions are modernizing the ways in which to interact with art. With a swipe of a finger, one can bid on a work at auction; finger paint with the “brushes” app; … Continue Reading

Some Artists Paint Buildings

Like it or not, "street art" is becoming a mainstream phenomenon in America. Due in part to the high profile of artists like Shepard Fairey and Banksy, and the pioneering philosophy of museum directors like MoCA’s Jeffrey Deitch—who has planned a large-scale street art show for 2011—what was once considered urban blight is now being recognized … Continue Reading

Possessing Peace of Mind

Art title insurance addresses one of the most pressing issues facing the art world.  The application and underwriting process is timely, straightforward and efficient:  the auction house conducts its research, ARIS conducts an independent review, the client is quoted the premium cost, and the policy is issued in favor of the seller, the buyer or both.  Title insurance … Continue Reading

The European Droit de Suite – An EU Effort to Strengthen the US Contemporary Arts Market?

In 2001, the European Parliament passed Directive 2001/84/EG, which requires all EU Member States to incorporate a so called “Droit de Suite” into their respective national copyright law codes by December 31, 2009. A key goal of the Directive is to eliminate competitive barriers that existed in the contemporary and modern art market between Member States … Continue Reading

Fairey’s Use

Last year’s Presidential election was historic on many accounts. Both campaigns saw an unprecedented turnout, as Americans from all walks of life came out in record numbers in support to their candidate of choice. Controversial artist Shepard Fairey, whose work includes "street art, commercial art and design, as well as fine art seen in galleries and museums … Continue Reading

FASHION and CONTEMPORARY ART: an interesting liaison

The liaison between fashion and contemporary art has been continuously growing changing over the years. Painters, photographers, visual artists, illustrators, performers and creative artists, are commissioned by top luxury brands of fashion and trendy stylists to create new collections, to design their websites, to redesign the concept of their stores, to bring elements of innovation to … Continue Reading
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