Goldsmith/Warhol Oral Argument At the Supreme Court Underscores the Big Issues—and Weird Wrinkles—Complicating This Case
10/18/2022Last week, the Supreme Court heard oral argument in the major copyright case of Warhol Foundation v. Goldsmith, which could provide a significant opinion about the "fair use" defense to copyright infringement, with wide-ranging potential implications for the art world—especially appropriation art, photography, and copyright licensing and management. The oral arguments, however, underscore both the magnitude of the questions posed, and the odd aspects of the case’s path to the Supreme Court, which arguably complicate the Court’s ability to grapple with the already-complex issues it presents.
Federal Court Rules In Favor Of Andy Warhol Foundation In Case Examining Fair Use of Photograph
07/31/2019Earlier this month, a federal judge in New York dismissed a photographer’s copyright infringement claims against the Andy Warhol Foundation, after determining that a series of Warhol artworks based on an image taken by the photographer are protected as fair use. The ruling represents another entry in the ever-growing log of court decisions grappling with the sometimes-slippery concept of transformativeness in copyright law.
Ninth Circuit Rules Against Heiress of Nazi-Looted Work, Which Will Remain in Possession of California's Norton Simon Museum
08/02/2018Earlier this week, the Ninth Circuit Court of Appeals issued the latest—and likely final—ruling in Marei von Saher’s decades-long attempt to recover artwork looted by the Nazis from her late father-in-law. In ruling against von Saher, the Ninth Circuit has ensured that the Cranachs will remain in the museum, and accessible to the public, for the foreseeable future. This ruling will have significant implications for heirs of those who originally owned Nazi-looted artworks, especially where such heirs have already tried and failed to recover artwork through the official restitution channels instituted by European governments in the post-war years.
Encouraging News For Art Authenticators: New York State Court Tosses Claims Against Agnes Martin’s Catalogue Raisonné
04/11/2018In an important ruling issued last week, a New York state court dismissed claims by an art dealer who sued an artist’s catalogue raisonné for rejecting works the plaintiff had submitted for authentication. The case has the potential to set an important precedent protecting art authenticators from disgruntled art owners.
Artist James Castle's Estate Sues Publisher and Author of Forthcoming Book About Castle
10/27/2017In a new lawsuit, the estate of American artist James Castle is suing publisher Scholastic and author/illustrator Allen Say over a forthcoming book about the artist, which the estate claims infringes on the copyrights of dozens of Castle works.
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