RECENT DEVELOPMENTS
- On Appeal, Second Circuit Reverses Fair Use Ruling In Dispute Over Andy Warhol Artwork
Since 2017, we’ve been following the federal lawsuit between the Andy Warhol Foundation and photographer Lynn Goldsmith. In mid-2019, a federal judge in New York dismissed Goldsmith’s copyright infringement claims against the Foundation, ruling that a series of Warhol artworks based on an image taken by the photographer were protected as fair use. But now, the Second Circuit Court of Appeals has reversed that decision, in an opinion that has potentially wide-reaching impacts for the Foundation, for appropriation art generally, and for anyone in the art world who is interested in the ongoing question of how courts handle the difficult concept of fair use. - NFTs: A Look at the Art Market’s Newest Trend, Common Misconceptions, and Thoughts on the Future
There has been a lot of buzz—okay, that’s an understatement—about NFT art lately, and it may feel confusing to those who hail from the more “traditional” art world. Here at Grossman LLP, we’ve been intrigued by this phenomenon, and now this post aims to discuss some of the basics about NFTs and some widespread misconceptions about them. We also offer some thoughts on how they may potentially impact the art market going forward. - Supreme Court Rules Against Jewish Art Dealers’ Heirs In Suit To Recover the “Guelph Treasure,” Allegedly the Subject of a Nazi-Era Forced Sale
Just a few weeks ago, we wrote about some of the Supreme Court’s most significant art-related cases from 2020, and noted that we were awaiting the Court’s decision in a long-running dispute over the so-called Guelph Treasure. In early February, the Court issued its ruling, dealing the plaintiffs, who are the heirs of a consortium of Jewish art dealers, a major blow in their attempt to seek redress for their ancestors’ loss. - U.S. Enacts the “CASE Act,” Providing An Alternative, Small-Claims Venue For Copyright Enforcement
At the very end of 2020, Congress enacted new legislation that will provide a streamlined process for adjudicating small-claim copyright infringement cases. The Copyright Alternative in Small-Claims Enforcement Act of 2020 (the “CASE Act”), included as part of the COVID-19 Relief Bill, establishes a new Copyright Claims Board (“CCB”) to oversee claims of copyright infringement that do not exceed $30,000.