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AltLaw: Free Legal Search Engine [del.icio.us]

2009-11-08T10:29:35-08:00

Lost and Found: A Practical Look at Orphan Works

2009-10-09T16:36:02Z

For those of you keeping tabs on the orphan works debate. Lost and Found: A Practical Look at Orphan Works Tuesday, October 20, 2009 6:00 - 8:00 pm New York City Bar Association 42 West 44th Street New York, NY 10036 The Art Law Committee and the Copyright and Literary Property Committee of the New York City Bar Association, in conjunction with Columbia Law School's Kernochan Center for Law, Media and the Arts, will host a public discussion of proposed legislation regarding use of "orphan works." What standards will apply to the search for copyright owners of such works? How will infringement claims be handled? What is the role of registries with respect to such works? Join us for a discussion of these and other related issues. Speakers:

Brendan M. Connell, Jr., Director and Counsel for Administration, The Solomon R. Guggenheim Foundation
Frederic Haber, Vice President and General Counsel, Copyright Clearance Center, Inc.
Eugene H. Mopsik, Executive Director, American Society of Media Photographers
Maria Pallante, Associate Register for Policy & International Affairs, U.S. Copyright Office
Charles Wright, Vice President and Associate General Counsel, Legal and Business Affairs, A&E Television Networks

Moderator: June M. Besek, Executive Director, Kernochan Center for Law, Media and the Arts

Artists Ask Obama to Respect Artists' Rights

2009-10-07T13:18:22Z

On September 29, 2009, The Copyright Alliance and its grassroots network of creators announced circulation among creators nationwide of a letter to President Obama and Vice President Biden, asking the Administration to pursue policies supportive of the rights of artists. Clancco joins The Copyright Alliance in this endeavor and fully endorses the letter. "Artists and creators make important contributions not only to our society and culture, but also to our economy," said Lucinda Dugger, the Alliance's Director of Outreach. "Increasingly, creators are finding their work misappropriated, reproduced and distributed without their knowledge, consent or benefit by those who believe intellectual property should be free for the taking. It is important that creators speak up about their works and how the principle of copyright empowers and provides incentive for creators to earn a living with their talents and ideas." Since the letter's announcement and circulation, the letter has garnered over 8,800 electronic signatures. With artists encouraging participation within their personal networks on blogs and Twitter feeds, the letter already has been signed by creators in all 50 states and representing a full spectrum of creative disciplines. You may read and sign the letter here. Read about The Copyright Alliance's and their full statement on the letter here.

Tate Modern Withdraws Richard Prince

2009-10-02T15:04:37Z

The Guardian reported last Wednesday that Richard Prince's re-photograph of 10-year-old Brooke Shields, Spiritual America, has been removed from their exhibition, Pop Life, Art in a Material World. The photograph was removed after Scotland Yard became concerned that the photograph may have violated UK's obscenity laws. There couldn't be a worse moment to fight for the exhibition of Prince's post-modern masterpiece given the recent and tragic news of a child sex-abuse ring here in the UK. UPDATE: October 3, 2009 The Richard Prince installation has been taken down and the room is cordoned off. We asked Tate Modern staff and information services staff if the Tate would be re-installing Prince's work and if so, when. They declined to give any information. The bookstore has also removed all Pop Life exhibition catalogs. No information was given as to the catalogs re-release date.

2009-09-27T22:42:29Z

Clancco http://www.clancco.com

Graffiti Vandal Faces 6 Months in Jail

2009-09-27T14:41:53Z

Seemingly as a show of force, the city of Boston is cracking down on graffiti vandals. According to the Boston Globe, Danielle Bremner, a 24-year-old New Yorker, was charged with 13 counts of vandalism and defacing property for spray painting her moniker, "Utah,'' in the Back Bay and East Boston. Last week she pleaded guilty to the charges, and on Thursday, October 1st, she is expected to be sentenced to six months in jail.

Mexican Prosecutors Investigate Alleged Frida Fakes

2009-09-25T19:35:19Z

On Tuesday, September 22nd, Mexican federal prosecutors began investigating whether or not more than 1,000 items attributed to artist Frida Kahlo were forged. For previous entry on this story, click here.

Magritte Painting Stolen

2009-09-24T13:52:36Z

Armed robbers have stolen Olympia, a painting by the Belgian surrealist Rene Magritte, in broad daylight from a Brussels museum dedicated to Magritte's life and works. The painting is estimated at four million euros.

Boston Art Thefts

2009-09-22T15:18:22Z

Art Theft Central outlines all the art thefts occuring in the Boston area between 1970 and 1989. Quite interesting. According to ATC, "Rembrandt and Old Master paintings were always a hot commodity in Boston."

Doctor to Exhibit Cadavers Having Sex

2009-09-15T17:17:33Z

Dr. Gunther von Hagens has another controversial exhibition of his plastinated corpses, this time combining the always controversial discourses of sex and death. The doctor's newest stunt follows a German court's ban of a display of his showing a pair of skinned cadavers in a unique sexual position. To try and get around the local decency laws, von Hagens hacked off the dead lovers' torsos. More from The Art Newspaper here.

Heirs Demand Vermeer from Vienna Museum

2009-09-13T22:56:37Z

The Austrian Culture Ministry revealed earlier this September that it has received a formal request for the restitution of The Art of Painting by Flemish master Johannes Vermeer, which has been displayed at the Kunsthistorisches Museum since 1946. Vienna's art museum is bracing for a protracted legal battle with the heirs of a man who reportedly sold his Vermeer painting to Adolf Hitler in 1940.

$1 Million Dollar Reward for Stolen Warhols

2009-09-13T16:14:45Z

A $1 million reward is being offered for information leading to the recovery of a unique collection of stolen Andy Warhol portraits. The works of art disappeared earlier this month from the Los Angeles home of Richard Weisman, who commissioned them from Warhol in the 1970s. The 10 original silkscreen prints feature famous sporting figures of boxer Muhammad Ali, tennis player Chris Evert, basketball great Kareem Abdul Jabbar, soccer star Pelé, Mets hero Tom Seaver, and football star O.J. Simpson. More from The Guardian.

Annie Up (update)

2009-09-11T20:20:12Z

The Annie Leibovitz repayment drama that has occupied the minds and hearts of millions of readers has finally been settled. Leibovitz bought back control to her photographs and real estate by renegotiating the terms of a $24 million loan from Art Capital Group, and in return Art Capital dropped its lawsuit against her. According to Bloomberg.com, "[u]nder the agreement, Leibovitz purchased from Art Capital its right to act as an exclusive agent in the sale of the copyright to every image the photographer has ever taken as well as her three brownstones in Manhattan's West Village and a 228- acre property in Rhinebeck, New York." UPDATE: September 16, 2009 Leibovitz reaches settlement with creditors.

NEA Communications Director Keeps Job Amid Political Controversy

2009-09-10T22:32:55Z

The communications director at the National Endowment for the Arts remains an employee there despite reports that he was asked to resign following his participation in a controversial conference call last month, FOXNews.com learned Thursday. Yosi Sergant was one of several officials on an hour-long conference call on Aug. 10 hosted by the NEA, the White House Office of Public Engagement and United We Serve, a nationwide initiative launched by President Obama to increase volunteerism. Patrick Courrielche, one of roughly 75 artists, musicians, writers, poets and others on the hour-long call, said Sergant was among those who encouraged the artists to create works in their respective fields that would show support for Obama's domestic agenda in areas such as health care, energy and the environment. It was reported in the Huffington Post on Thursday that Sergant had been asked to resign, but NEA officials have denied that claim. More from Fox News. According to the Huffington Post, Sergant remains with the NEA but with a different position.

Chapman Kelley vs. Chicago Park District Oral Arguments Today (update #2)

2009-09-10T14:25:57Z

The Chapman Kelley vs. Chicago Park District oral arguments are being held today, at 9:30 Chicago time. The three 7th Circuit Judges have just been announced, and it looks like we'll have to keep waiting for a Posner/Easterbrook VARA opinion. The three sitting judges for this case are Daniel A. Manion, Diane S. Sykes, and John D. Tinder. You may view the 7th Circuit Court of Appeals website here. As our readers well know, this is an extremely important case that can radically alter how the 1990 Visual Artists Rights Act is applied to installation art. We'll keep updating this post as we hear back from our correspondents in Chicago. Previous posts on this case can be found here and here. UPDATE: September 11, 2009 The oral arguments can be heard here. They're a bit lengthy but promising to Chapman Kelley. Stating that the originality factor is a low threshold, the court seemed unconcerned by the CPD's attempt at making an unoriginal mountain out of an original molehill. More importanly, it also seems like the court, particularly Judge Sykes, was adamant about binding law. To the stuttering of the CPD's attorney, Judge Sykes basically stated that the Phillips First Circuit decision was not binding on the Seventh Circuit. Listen to the oral arguments and decide for yourself. UPDATE: September 18, 2009 Chapman Kelley's lead attorney, Alex Karan, has some thoughts on the oral arguments: (We at Clancco wish Alex all the best and a healthy and speedy recovery. Hang in there Alex!)

Some of you may recall one of my pro-bono cases, involving the rights of a famous artist. We had briefed the case months earlier and now it was time for oral argument. My good friend Micah argued the case in front of the Seventh Circuit -- it made a lot of sense for him to do this rather than me. And he was fantastic! Plus, what became clear during the argument was that the judges had already made up their minds in our favor. For each argument that the City lawyer raised, the Court responded with one of the arguments that we had briefed and made clear that they thought the City was dead wrong. As difficult as it was to make it to the courthouse, it was a delight watching all of the work on this case reach fruition. And it will really be exciting to get an opinion from the Seventh Circuit that affects the rights of artists across the country.

Spain Can Be Sued In U.S. Over Painting Stolen by Germans

2009-09-08T21:07:15Z

The U.S. Courts of Appeals for the 9th Circuit has ruled that Spain can be sued in a U.S. court even though the work was stolen by Germany. According to the 9th Circuit, a U.S. law that shields foreign countries from lawsuits in the U.S. makes an exception for illegally expropriated property without requiring that the country against which the claim is made is the one that broke the law. Claude Cassirer--an 88-year-old retired photographer who lives in San Diego, sued Spain and the Thyssen-Bornemisza Collection Foundation four years ago to recover the painting by French impressionist Camille Pissarro. The painting was bought by Cassirer's great- grandfather in 1898. When his grandmother fled Germany in 1939, she was forced to surrender the painting. More from Bloomberg.com.

The Deaccessioning Blog [del.icio.us]

2009-01-14T10:10:31-08:00

The Art Law Blog [del.icio.us]

2008-08-16T09:21:06-07:00

Information Society Project at Yale Law School [del.icio.us]

2008-08-16T09:19:43-07:00

Berkman Center for Internet & Society at Harvard Law School [del.icio.us]

2008-08-16T09:17:17-07:00

Legal Information Institute at Cornell Law School [del.icio.us]

2008-08-16T09:06:26-07:00

United States Patent and Trademark Office [del.icio.us]

2008-08-16T08:49:42-07:00

United States Copyright Office [del.icio.us]

2008-05-18T09:51:14-07:00

Stanford Copyright and Fair Use Center [del.icio.us]

2008-03-26T20:43:29-07:00

First Amendment Center [del.icio.us]

2007-07-06T07:00:39-07:00

Fair Use Network [del.icio.us]

2006-11-03T10:28:59-08:00

If you have received a "cease and desist" letter from a copyright or trademark owner, or a notice from your Internet service provider about a "takedown" letter, you'll also find useful information on this site.

Center for the Study of the Public Domain at Duke Law School [del.icio.us]

2006-04-16T21:42:16-07:00

Its mission is to promote research and scholarship on the contributions of the public domain to speech, culture, science and innovation, to promote debate about the balance needed in our intellectual property system and to translate academic research into