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Category Archives: Moral Rights

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Full Ninth Circuit to Review California Resale Royalty Act En Banc

By Nicholas O'Donnell on Posted in Copyright, Legislation, Moral Rights

Several 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

Graffiti, Vandalism, and Public Expression: Public Art and its Uneasy Relationship with the Law

By Nicholas O'Donnell on Posted in Copyright, Moral Rights, Public Art

Recurring 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

Have Some Foie Gras with Your Ethanol: Auction Houses Urge Ninth Circuit Not to Rehear California Resale Royalties Act Argument

By Nicholas O'Donnell on Posted in Copyright, Legislation, Moral Rights, Resale Royalties

The 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

Books of Note: “The Art Collecting Legal Handbook” Reviewed

By Nicholas O'Donnell on Posted in Art Fairs, Auctions, Immunity from Seizure Act, Legislation, Litigation, Moral Rights, Museums, Publications, Restitution, World War II

In the course of our work here, I like to call out books and articles that I feel are worthy of praise, usually the in the course of a particular post or issue.  After a too-long stay on the corner of my desk awaiting time to read it, I finally finished a book published last… Continue Reading

Registration Open for 2015 National Cultural Heritage Law Moot Court Competition at Depaul Center for Art, Museum & Cultural Heritage Law

By Nicholas O'Donnell on Posted in Copyright, Moral Rights

For 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

Victor Henderson of LA Fine Arts Squad Files VARA Claim Over “Brooks Avenue Painting”

By Nicholas O'Donnell on Posted in Copyright, Moral Rights

Victor 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