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Warhol Foundation Seeks Declaratory Relief In Case Against Creator of Photo of Late Musician Prince
05/11/2017
The Andy Warhol Foundation for the Visual Arts filed a preemptive lawsuit regarding Warhol’s appropriation of a photograph of the late musician Prince Rogers Nelson, also known as Prince. The Foundation’s counterparty is Colorado-based photographer Lynn Goldsmith, who, in 1981, took a photograph of Prince.
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McDonald’s In the Hot Seat Again Over Unauthorized Use of Graffiti Art
05/09/2017
In April, another group of graffiti artists sent a demand letter to McDonald’s, this time threatening legal action in connection with a promotional video produced by McDonald’s to advertise a new product in the Netherlands. This dispute is yet another example of the curious place that graffiti art occupies in the copyright arena.
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Recent Legal Developments Regarding Forgeries Serve As Warnings To Collectors
05/04/2017 | By Kate Lucas
We have continuously followed stories in the news and in the courts about the continuing efforts of the art market to deal with the problem of forgeries. From the Knoedler scandal to the concerns about counterfeit Old Masters being peddled on the European market, this issue is clearly not going away anytime soon. Today, we take note of developments in three more cases that shine a spotlight on this ongoing challenge.
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Graffiti Artists’ VARA Claims Regarding Destruction of 5Pointz Works Head to Trial
04/10/2017 | By Kate Lucas
This long-running dispute revolves around a piece of property in Queens, known as 5Pointz, which once served as a remarkable repository of a huge amount of graffiti art. Gerald Wolkoff, who co-owns the site along with other related entities, allowed artists to create works on the site’s old industrial buildings; indeed, one artist, Jonathan Cohen, was even appointed as a volunteer “curator,” selecting artists and setting community standards. 5Pointz attracted nationally and internationally renowned graffiti artists, tourists, and fans for years, until, in 2013, the owners announced plans to demolish the existing structures at the site to make way for a residential complex.
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New York Appellate Court Rules That Invoices Are Not The Final Word On Determining Ownership Of Artwork
04/04/2017
A New York appeals court issued a ruling in a matrimonial case that could have important implications for how courts will evaluate questions of title to artwork. The case serves as a reminder that clear and thorough documentation at the time of an art transaction can help avoid disputes down the road.
CATEGORY: Legal Developments -
Supreme Court Decision in Cheerleading Uniform Case Clarifies Standards for Copyrightability of Graphic Elements of Useful Articles
04/02/2017
This blog follows important legal developments in the copyright arena, including cases regarding “copyrightability,” i.e., the threshold question of whether a work is entitled to copyright. Last summer, we wrote about a copyrightability case that had advanced all the way to the Supreme Court. Last week, the Supreme Court issued its decision in that case, and in the process provided some clarity on an issue of interest to those in the art, fashion, and design arenas.
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Appeals Court Upholds Jury Award To Sculptor For Copyright Infringement
03/28/2017
Earlier this month, the Ninth Circuit Court of Appeals upheld a $450,000 jury award in a case against a businessman who commissioned knockoff copies of several of the artist’s sculptures.
The plaintiff in the case, California artist Donald Wakefield, is known for his large-scale stone and metal sculptural works, each of which is one-of-a-kind. According to court filings, in 2004 he contacted a handful of real-estate developers whom he believed might be interested in purchasing some of his sculptures. Hprovided these prospective buyers with information about his work, and he pointed them toward his website displaying photographs of his creations. One of the businesses he solicited was Olen Properties, owned by billionaire Igor Olenicoff.
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Old Master Forgery Story Update: Sotheby’s Files Another Suit To Recover Sale Proceeds, This Time From Sale of Allegedly Fake Hals
03/09/2017
In November, we wrote about increasing scrutiny of multiple Old Master artworks that have recently come under suspicion as potential forgeries. And in January, we posted about a federal lawsuit Sotheby’s has filed in connection with the scandal; in that suit, Sotheby’s seeks to recover sale proceeds from a collector who sold one of the fake works at a 2012 Sotheby’s auction. Now, the fallout continues; in February, Sotheby’s filed a second suit over another artwork, this time in the U.K. court system; as with the first suit, the auction house’s goal is to claw back the proceeds of a sale of a work sold through Sotheby’s that has since been shown to be a fake.
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Court Rules Against Art Advisor Who Made “Secret Profit” From Sale of Basquiat Work
03/09/2017
Last week, a New York judge granted summary judgment for the estate of an art collector on multiple claims against an art advisor who brokered the sale of the collector’s Basquiat work and, unbeknownst to the seller, pocketed a hefty profit. See Schulhof v. Jacobs, Docket No. 157797/2013 (Sup. Ct. N.Y. Co.).
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Sotheby’s Sues Consignor To Recover Sale Proceeds From Auction of Allegedly Fake Parmigianino, Amid Continuing Fears About Old Master Forgeries
01/29/2017
In November, we wrote about increasing scrutiny of multiple Old Master artworks that have recently come under suspicion as potential forgeries. Now, federal litigation has commenced in connection with the scandal, as Sotheby’s attempts to recover sale proceeds from a collector who sold one of the fake works at a 2012 Sotheby’s auction.
ATTORNEY: Kate Lucas
CATEGORIES: Art Market, Authentication, Fine Art, Forgeries, Legal Developments, Provenance -
Forgery Case Highlights Importance of Pre-Sale Diligence
01/27/2017
Andrew Hall, a hedge-fund manager and art collector, filed suit against Lorettann Gascard, a former art-history professor at Franklin Pierce University, and her son, Nikolas, alleging that the Gascards sold him twenty-four artworks by the famed artist Leon Golub that actually were forgeries. The Gascards are now firing back that Hall alone should be held responsible for his failure to conduct adequate pre-sale diligence; a common refrain among accused fraudsters looking to cast blame back on sophisticated art collectors, like Hall.
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Recently Enacted Federal Law Hopes to Facilitate Art Lending from Abroad
01/26/2017
Under a recently enacted federal law, foreign states have been granted sovereign immunity in controversies over the temporary exhibition of artworks and cultural objects on loan to the United States, The Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, signed at the end of last year by President Obama, grants immunity from federal or state-court jurisdiction to foreign governments, where an artwork or cultural object from that country has been imported for a temporary display at a U.S. cultural or educational institution.
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Getty Museum Sued Over Negotiations Regarding Famed Italian Art Collection
01/25/2017
A new lawsuit was filed in New York federal court in mid-January against the famed Getty Museum over a series of negotiations regarding an Italian collection of classical art. The plaintiffs are entities who claim they spent considerable time and effort preparing the collection for sale, laying the groundwork for a deal, and facilitating delicate communications between the Getty, Italian officials, and the collection’s owners; but were later frozen out of those other parties’ dealings, leaving the plaintiffs empty handed.
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Prince’s Disavowal of Ivanka Trump Work Raises Questions About An Artist’s Role In Defining His Oeuvre
01/17/2017
Richard Prince is no stranger to controversy; indeed, it’s arguably an essential element of his art. We’ve written in recent years about several copyright infringement cases against Prince involving his practice of “appropriation” of others’ artworks as part of his own.
ATTORNEY: Kate Lucas
CATEGORIES: Art Exhibitions, Art Galleries, Art Market, Authentication, Legal Developments -
With New Suit Against Francesca’s, Artists Continue to Strike Back Against Alleged Copying By Consumer Brands
01/16/2017
Recent months have seen a number of lawsuits or threatened suits by independent artists seeking to protect their work from alleged unauthorized copying by retailers and other consumer brands. Another similar suit has been filed, this time against clothing and accessories chain Francesca’s, as well as two of Francesca’s suppliers, plus various “Doe Defendants” (i.e., defendants that will be named after discovery) involved in the design, manufacture, distribution, and marketing of the allegedly infringing products.
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Sotheby’s Goes To Court in Rybolovlev/Bouvier Dispute Over Leonardo Painting
01/10/2017
We’ve written before about the bitter feud between Russian billionaire Dmitry Rybolovlev and his former art dealer, Swiss businessman Yves Bouvier. Our previous post contains more detail, but in short, in 2014, the two had a highly-publicized falling-out after Rybolovlev accused Bouvier of overcharging him—to the tune of as much as $1 billion—for dozens of artworks that Bouvier helped him to acquire.
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Louis Vuitton Seeks Rehearing in Second Circuit Trademark Infringement Case
01/10/2017
As we reported recently, the Second Circuit sided with parody-handbag producer My Other Bag in a trademark-infringement suit launched by high-end fashion brand Louis Vuitton. The Second Circuit had upheld a district court finding that the use of the Louis Vuitton mark on inexpensive canvas tote bags was transformative parody and protected as fair use.
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Suit Over Cady Noland Artwork Ends Without Significant Ruling on VARA
01/03/2017
We’ve written before about conceptual artist Cady Noland, whose works command huge prices in the market, but who has a history of being highly particular about how her creations are installed, maintained, exhibited, and sold on the secondary market. This tendency has resulted, on at least two recent occasions, in litigation over her disavowal of previous works. Now, both cases have been resolved, but without significant judicial examination of the contours of an artist’s right to disavow her own creations.
ATTORNEY: Kate Lucas
CATEGORIES: Art Market, Authentication, Copyright, Fine Art, Legal Developments -
Second Circuit Affirms Dismissal of Louis Vuitton’s Tote-Bag Suit
01/02/2017
High-end fashion brand Louis Vuitton has lost its trademark suit against a tote-bag company My Other Bag, which markets canvas bags decorated with cartoonish reproductions of bags from high-end fashion lines (such as Chanel and Louis Vuitton), accompanied by the text “My Other Bag….” This decision is notable, among other reasons, because it reaffirms the contours of the sometimes murky fair-use defense.
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New Lawsuit Filed Against Bavarian State Over Allegedly Nazi-Looted Artworks
12/16/2016
The heirs of a prominent Jewish art dealer have sued the Bavarian state over a group of eight valuable paintings that were allegedly looted when the dealer fled Nazi Germany. See Docket No. 16-09360 (S.D.N.Y.). The filing likely marks the start of another complex litigation against a sovereign state over artwork clouded by actions taken during the Nazi era.
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