Back in October, we surveyed some developments in lawsuits over public art and protection available under copyright law in graffiti art. There has been some movement, and other developments, in these cases. In a Chicago lawsuit, director and Monty Python alumnus Terry Giliam faces an injunction request over his new film Zero Theorem, which the… Continue Reading
Category Archives: Copyright
Subscribe to Copyright RSS FeedFull Ninth Circuit To Rehear “Innocence of Muslims” Copyright Appeal, Could Right Earlier Panel’s Error
Posted in Copyright, Fair Use, Intellectual PropertyFresh on the heels of accepting en banc review of the appeal over the constitutionality of the California Resale Royalties Act, the Ninth Circuit Court of Appeals has decided to rehear Google’s appeal of the injunction against it after actress Cindy Lee Garcia claimed a protectable copyright in her performance of “Innocence of Muslims.” While,… Continue Reading
Full Ninth Circuit to Review California Resale Royalty Act En Banc
Posted in Copyright, Legislation, Moral RightsSeveral weeks ago, the parties to the appeal over the constitutionality of the California Resale Royalty Act (CRRA) briefed the question about whether the Ninth Circuit Court of Appeals should hear the case, rather than a three-judge panel that would otherwise be assigned to the case. The Ninth Circuit granted the petition yesterday, meaning the… Continue Reading
REMINDER—Art Law Day Next Friday, November 7, 2014
Posted in Antiquities, Appraisal, Authentication, Copyright, Detroit Bankruptcy, Events, Resale Royalties, RestitutionArt Law Day at the Appraisers Association of America’s annual conference is next Friday, November 7, 2014 at NYU’s Kimmel Center. Sullivan & Worcester LLP will be sponsoring the event as a Friend of Art Law Day this year, about which we are very excited. The keynote address has been changed to focus on the… Continue Reading
Graffiti, Vandalism, and Public Expression: Public Art and its Uneasy Relationship with the Law
Posted in Copyright, Moral Rights, Public ArtRecurring events involving public art have underscored the tension between that expression and the law. Banksy’s “residence” in New York last fall broached this subject, but this summer’s Brooklyn Bridge flag incident, and several new lawsuits asserting copyright in graffiti will test the bounds of what the law protects and what it permits. As Banksy… Continue Reading
Less Fun Than a Barrel Full of Monkeys (As a Matter of Law): The U.S. Copyright Office and the “Monkey Selfie”
Posted in CopyrightThere has much much Internet mirth about the recent publication of the Third Edition of the Compendium of U.S. Copyright Office Practices, more specifically, the Compendium’s statement that “the Office will refuse to register a claim if it determines that a human being did not create the work.” My IP partner Lawrence Robbins has an… Continue Reading
Have Some Foie Gras with Your Ethanol: Auction Houses Urge Ninth Circuit Not to Rehear California Resale Royalties Act Argument
Posted in Copyright, Legislation, Moral Rights, Resale RoyaltiesThe defendants in the case on appeal over the constitutionality of California’s Resale Royalty Act have just briefed the court’s question about whether the full court should rehear the case. Responding to an order that the parties explain whether the case conflicts with recent Ninth Circuit precedent, Christie’s, Sotheby’s, and eBay all argued emphatically that no… Continue Reading
Bad Sequel? Second Claim is Filed Asserting Another Actor’s Copyright in “Innocence of Muslims”
Posted in Copyright, Fair UseLike a bad 1980s movie, the most infamous copyright decicion of the year has now spawned a sequel. The Ninth Circuit Court of Appeals has been considering since early March whether to rehear en banc its decision in favor of Cindy Lee Garcia concerning her performance in the movie Innocence of Muslims. Plaintiff Cindy Lee… Continue Reading
Fair Use and Transformativeness Pushback: Seventh Circuit Takes a Swipe at “Lazy Appropriators”
Posted in Copyright, Fair UseMuch ink has been spilled over the new world order seemingly announced by last year’s Second Circuit decision in Prince v. Cariou with regard to copyright, fair use, appropriation art, and “transformativeness.” In a nutshell, while roundly criticized, most commentators have taken the Prince decision to announce the apotheosis of “transformativeness” among the fair use… Continue Reading
The Art Law Report Turns Three: the Training Wheels are Off
Posted in Copyright, Cy Pres, Deaccession, Detroit Bankruptcy, Fair Use, Gurlitt Collection, RestitutionAs I have before, I wanted to mark the third anniversary of this blog since we posted three articles on September 15, 2011. In the last year, you (the reader) have helped the Report grow beyond our most optimistic hopes. We have done our best to cover significant events like the Gurlitt saga and restitution issues, the… Continue Reading
Just Kidding? Celebrity Hacked Photograph Exhibition Scuttled
Posted in Copyright, Fair UseHaving presumably gotten all of us to take the bait, appropriation artist XVALA has backed off and announced that he will not include versions of hacked photographs of Jennifer Lawrence, Kate Upton, and others, in a show entitled “No Delete.” The show will instead include, apparently, “the artist’s self-shot, life-size, nude images.” So, there’s that. … Continue Reading
Registration Open for 2015 National Cultural Heritage Law Moot Court Competition at Depaul Center for Art, Museum & Cultural Heritage Law
Posted in Copyright, Moral RightsFor students following the various issues we cover here, there is an exciting opportunity next winter. Registration is now open for DePaul University College of Law’s 2015 National Cultural Heritage Law Moot Court Competition in Chicago on February 27-28, 2015. The competition is open to twenty-six two- and three-member student teams from ABA-accredited or provisionally… Continue Reading
Can Copyright Aid Kate Upton, Jennifer Lawrence, and Other Victims of Celebrity Photo Hack?
Posted in Copyright, Fair UseAs anyone with a computer now knows, the story broke last week of a supposed cache of hundreds of intimate photographs of numerous celebrities, including Kate Upton and Jennifer Lawrence, and Detroit Tigers pitcher Justin Verlander. Over the course of the week, rumors circulated about who, exactly, had them, and whether or where they would… Continue Reading
“Dumb Starbucks” Epilogue: Comedy Central Airs “Nathan For You” Episode Behind it All, Explores Parody, Commerce, and Visual Art
Posted in Copyright, Fair UseReaders will recall the strange case of “Dumb Starbucks” earlier this year, which initially seemed to pose the question of whether a coffee shop that transparently used the marks and copyrights of Starbucks could claim fair use as an art gallery. It turned out that the entire performance was just that, a lead up to… Continue Reading
Legislative Update: HR 4103, the “American Royalties Too Act” to be Considered Next Week, Gains Sponsors
Posted in Copyright, Legislation, Resale RoyaltiesOn February 26, 2014, Representative Jerrold Nadler (D-NY) introduced the “American Royalties Too Act”—House Resolution 4103. HR 4103 was referred to the House Subcommittee on Courts, Intellectual Property, and the Internet on March 20, 2014. There was also an “American Royalties Too Act” introduced in the U.S. Senate by Senator Tammy Baldwin (D-WI) on the… Continue Reading
“Innocence of Muslims” Producer Answers Complaint to Contest Garcia Allegations, Effect on Copyright Argument Should be Minimal
Posted in CopyrightWhile the appeal by Google of an order to take down any copies of “Innocence of Muslims” awaits a decision by the Ninth Circuit on Google’s request for rehearing, there has been a development back down in the District Court. Cindy Lee Garcia initially sought a preliminary injunction against Google to remove the availability of… Continue Reading
VARA Likely to Apply Retroactively to Victor Henderson “Brooks Avenue Painting Claim”
Posted in Copyright, Intellectual Property, VARAWe reported recently on a new lawsuit in California invoking the Visual Artists Rights Act (VARA) in the context of a mural by Victor Henderson, of the Los Angeles Fine Arts Squad. Henderson alleges that property owner Ralph Ziman had his “Brooks Avenue Painting” water blasted in 2013, thus destroying the integrity of his work… Continue Reading
Victor Henderson of LA Fine Arts Squad Files VARA Claim Over “Brooks Avenue Painting”
Posted in Copyright, Moral RightsVictor Henderson, creator of the Los Angeles mural “Brooks Avenue Painting,” has filed a lawsuit alleging a violation of his right of integrity under the Visual Artists Rights Act (“VARA”). Henderson painted the mural in 1969—together with the late Terry Schoonhoven—soon after the two artists founded the Los Angeles Fine Arts Squad. The painting became… Continue Reading
Resale Royalties Redux: the “American Royalties Too Act”
Posted in Copyright, Resale RoyaltiesAlthough there are no definitive signs yet of likely change, the question of secondary royalties for visual artists remains far from resolved. The most comprehensive effort to date, the California Resale Royalties Act was declared unconstitutional in 2012 by the U.S. District Court for the Central District of California, in lawsuit brought by Chuck Close… Continue Reading
UPDATE Ninth Circuit Won’t Rehear Denial of Stay for Google in “Innocence of Muslims” Case
Posted in CopyrightJust two days after the parties submitted briefing (including the revelation that Cindy Lee Garcia’s registration request had been rejected by the U.S. Copyright Office) on a Ninth Circuit judge’s sua sponte request for a vote on whether to rehear the denial of a stay of the Court’s February 26, 2014 decision finding a likelihood… Continue Reading
Video Interview: Discussing the Ninth Circuit’s ‘Innocence of Muslims’ Ruling with LXBN TV
Posted in CopyrightFollowing up on my recent coverage of Garcia v. Google, I had the opportunity to discuss the suit with Colin O’Keefe of LXBN. In the brief video interview, I explain the Ninth Circuit’s initial ruling and why it could prove quite impactful.
Cindy Lee Garcia’s Application to Copyright Office to Register Separately Her Performance in “Innocence of Muslims” Was Turned Down
Posted in CopyrightAfter Judge Sydney Thomas advised the parties in Garcia v. Google that a judge of the Ninth Circuit has requested a vote of the full court on Google’s request to stay the recent panel decision finding a likelihood that Cindy Garcia had a separately copyrightable performance in “Innocence of Muslims,” the parties briefed the stay… Continue Reading
Art Law This Week at the City Bar: “Copyright Fair Use: The Importance of Being Transformative” and “Hot Topics in Art Law 2014”
Posted in Authentication, Consignment, Copyright, Fair Use, RestitutionLooking forward to two great art and law events this week at the New York City Bar, both at 42 West 44th Street. Hope to see many of you there! On Tuesday March 11, 2014 from 6:30-8:30 p.m., Judith Prowda, faculty at Sotheby’s Institute and author of Visual Arts and the Law will mediate a… Continue Reading
Ninth Circuit Judge Asks for Panel Vote on Denial of Google’s Request for Stay in “Innocence of Muslims” Copyright Case
Posted in CopyrightAfter last week’s ruling (wrongly decided, in our view) that an actress in “Innocence of Muslims” is likely to prevail on her claim that she had an independently copyrightable performance distinct from the movie itself, anticipation has been high about what might happen next. Google (seeking not to take the video off YouTube) petititoned the… Continue Reading
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