Art Law Blogs (6)Expanded ViewList View
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The Art Law Blog
The Art Law Blog
By Donn Zaretsky.
http://theartlawblog.blogspot.com
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Nov 20
Schrock and Roll (UPDATED)
Clarida and Bernstein on the recent Schrock decision (mentioned earlier here): "[T]he cases appeared to diverge as to three fundamental questions: (1) Is a photograph of a copyrighted work a derivative work at all? (the 'Definition Question'); (2) Must such a derivative work exhibit a higher level of originality in order to qualify for copyright protection? (the 'Originality Question'); (3) Must the creator of such a derivative work obtain separate specific permission to register his or her... Posted on November 20, 2009 at 02:33 am by Donn Zaretsky -
Nov 19
"Visual artists are conflicted as to where they stand in relation to copyright laws"
Sergio Muñoz Sarmiento: What Do Artists Want? Posted on November 19, 2009 at 09:12 am by Donn Zaretsky -
Nov 19
"An amazing story on many levels"
Judith Dobrzynski on the most stolen work of art in recorded history. Posted on November 19, 2009 at 09:10 am by Donn Zaretsky
Rank This Week: 837
Ruling Imagination: Law and...
Ruling Imagination: Law and Creativity
Discusses the ways law rules creativity and law employs creativity. By Professor Peter Friedman.
http://blogs.geniocity.com/friedman
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Nov 20
The Amen Break: 40 years of remixing a drum break; but now ownership is being asserted over it (and not be the creators)
Posted on November 20, 2009 at 01:54 pm by pfriedman -
Nov 17
You can now use Google Scholar to find case law.
This is a terrific new innovation. Today, from Google: Starting today, we're enabling people everywhere to find and read full text legal opinions from U.S. federal and state district, appellate and supreme courts using Google Scholar. You can find these opinions by searching for cases (like Planned Parenthood v. Casey), or by topics (like desegregation) or other queries that you are interested in. For example, go to Google Scholar, click on the "Legal opinions and journals" radio button, and... Posted on November 17, 2009 at 09:51 am by pfriedman -
Nov 17
Those naive little innocents may be a lot smarter than you, Mr. Prosecutor.
The range between online fluency and online ignorance is remarkable these days. It is largely, though certainly not entirely, generational. One example of this gap in fluency was the discovery by one of my more technically proficient students in a case we read in my Contracts course of ignorance regarding the technical implications of an online transaction. The ignorance, in my student's opinion, undermined entirely the judge's reasoning. Ars Technica brings up another example, this one perhaps... Posted on November 17, 2009 at 09:34 am by pfriedman
Rank This Week: 1892
Legal Muse
Legal Muse
For businesses and individuals who listen to their muses to create. By Kenneth L. Kunkle.
http://legal-muse.blogspot.com/
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Oct 28
Public Performance and Ringtones
As if to demonstrate why the general public continues to question the validity of all copyright claims in music, ASCAP recently provided us with one of the stupidest and greediest copyright cases in the recent past. (opinion at www.eff.org). After being sued in relationship to the reasonableness of its blanket licenses (related to its antitrust exemption), ASCAP argued that when someone's cell phone rings with a musical ringtone, the ring is a public performance of the composition and therefore... Posted on October 28, 2009 at 09:01 am by Kenneth L. Kunkle -
Oct 27
Public Performance
/**/ What is a performance license? One of the exclusive rights of composers of songs is to control the right to publicly perform the song publicly. Of course with the way that the music industry has developed, it is not practical in most cases to go to the composer each time a radio station or concert hall wants to play a song for their customers. Coming to the rescue (Debatable, but that's another post) are the folks at ASCAP, BMI, and SEASAC (and a few others). These organizations, commonly... Posted on October 27, 2009 at 06:47 am by Kenneth L. Kunkle -
Sep 21
Bratz Revisted
/**/ In the continuing case of the Bratz doll, the Ninth Circuit recently ruled in the case of Art Attacks Ink, LLC v. MGA Ent'mt. Inc. While the case dealt with several issues, of interest to me is the portion of the ruling dealing with whether Art Attacks had proved adequate access to their character that they sold at fairs and on their website. In the opinion, the court went out of its way to note technical weaknesses of the website as evidence of the small likelihood that there has been any... Posted on September 21, 2009 at 04:56 am by Kenneth L. Kunkle
Rank This Week: 2810
Art Law
Art Law
Covers art law in New York. By Vince Manapat.
http://www.vincemanapat.com/
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Sep 12
Funding for “Artful Narrative and Documentary Films”
Via A Filmmaker's Life, today I came upon Cinereach, a company that awards $500,000 in grants to "artful and narrative documentary film." The 2010 Grant Cycle apparently begins soon: 2010 Winter Grant Cycle Letter of Inquiry Submissions Open:October 15, 2009 Letter of Inquiry Deadline: December 1, 2009 Full Proposals Requested from Selected Applicants:January 2010 Grant Awards Announced: February 2010 Posted on September 12, 2009 at 09:08 am by admin -
Sep 5
Why Mailing Yourself Something Does Not Amount To Incontrovertible Proof of Copyright: A Tale of Copyright Fraud
One of the biggest misconceptions in copyright law is that mailing yourself your own work (e.g., a screenplay or CD of music) will establish a copyright. I was once at a Volunteer Lawyers for the Arts meeting where this issue came up. The crowd was almost ready to mutiny on the lawyer answering questions because he [...] Posted on September 5, 2009 at 01:11 pm by admin -
Aug 31
The Sale of a Painting Gone Wrong Pt. 2
Earlier, I wrote about the Van Damme v. Gelber case decided on July 27, 2009. One of the interesting aspects of the case is that the issue of timing arose. The seller insisted that the money for the painting had to be received by a particular date. Because of a bank mistake, the money arrived [...] Posted on August 31, 2009 at 02:37 pm by admin
Rank This Week: 3060
Museum Law Blog
Museum Law Blog
Covers issues in museum law, including deaccession and intellectual property.
http://museumlaw.wordpress.com
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Aug 26
Twitter Squatting – A Growing Concern
Recently a client of mine forwarded an email it received from a Twitter user which read in part "I have been told that your company uses the ___________ name in its ordinary course of business. I happen to own the _____ name and would be willing to sell this name to you at a mutually [...] Posted on August 26, 2009 at 01:20 pm by pcarusoii -
Aug 26
Deadline Extended: March 1, 2010 Proposed New Deadline for Data Seucity Compliance (MA)
Once again, businesses handling the personal information of a Massachusetts resident have been granted an extension to comply with the Massachusetts Data Security Regulations. The proposed new deadline for compliance is March 1, 2010. Personal information is defined as first name (or initial) and last name, combined with social security number, bank account number, credit [...] Posted on August 26, 2009 at 12:38 pm by pcarusoii -
Aug 26
The Artful Benefits of the 1031 Exchange
Often, museums are fortunate enough to acquire a piece of artwork or a full collection at a wonderfully low price. Sometimes equally as wonderful, the artwork or collection may suddenly experience a dramatic rise in value, especially in a volatile market environment. Such a confluence of good luck can be extremely beneficial for a museum. [...] Posted on August 26, 2009 at 12:34 pm by pcarusoii
Rank This Week: 3113
The Cultural Property Law Blog
The Cultural Property Law Blog
Covers cultural property and heritage laws. By Kimberly L. Alderman.
http://culturalpropertylaw.wordpress.com
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May 1
International Cultural Property Legislation Now Accessible Online
The International Foundation for Art Research (IFAR) has launched a website that gives visitors access to cultural property laws around the world. Their Art & Cultural Property Educational Resources is easy to use and comprehensive. Here's the Art Newspaper's summary: A section on "International Cultural Property" and export laws contains legislation from around 100 countries. IFAR [...] Posted on May 1, 2009 at 01:35 pm by Kimberly Alderman -
Apr 22
Derek Fincham on the Lex Originis Rule
Derek Fincham has posted to SSRN the final version of his paper, How Adopting the Lex Originis Rule Can Impede the Flow of Illicit Cultural Property. Fancy this, I'd never heard of the Lex Originis rule, but my guess is that it means that the law of the place in which an item of cultural [...] Posted on April 22, 2009 at 08:51 am by Kimberly Alderman -
Apr 21
Preah Vihear Temple Again in the Crossfire
We talked about the 900-year-old Preah Vihear temple last year after its nomination as a World Heritage Site reignited nationalistic tensions between Cambodia and Thailand, spurring controversy. The Preah Vihear temple was already damaged by armed confrontations that have taken place on the temple grounds, and now there are problems with vandals further damaging the [...] Posted on April 21, 2009 at 08:41 am by Kimberly Alderman
Rank This Week: 3294











