If tattooing, passing out syringes, and kissing is art, then obviously the answer is, yes. But the real question is whether the U.S. Supreme Court agrees. Here’s an interesting overview of a case now before the U.S. Supreme Court on…

No, says a New York district court, noting that “a license or assignment in copyright can only act prospectively.”  

On a side-by-side comparison in a Rule 12(c) motion. Opinion here.

In recent art world news, the Peruvian consulate in New York announced earlier this week the recovery of two paintings stolen from an Andean village chapel in Peru.  An art collector based in California, in cooperation with…

In recent art world news, one of the largest art scandals in New York has come to a close with the recent settlement of the last of ten lawsuits brought against Ann Freedman, the former director of the now defunct Knoedler Gallery, that arose…

Many in the art world may not know (myself included) that the late Impressionist artist Claude Monet was a significant art collector in his lifetime.  Monet possessed numerous paintings, including masterpieces, by both his predecessors…

The First Amendment and boundaries of free speech are on everyone’s minds these days, and the trademark world is no exception. In what is being considered a touchdown (pun 100% intended) for trademark owners, the Supreme Court recently…

Body artist Natalie Fletcher blurs the line between landscape and portrait painting: using living, breathing canvases, she blends the human body seamlessly into its surroundings. In an exclusive interview with Creative Arts Advocate, she…

The film festival circuit is a crucial way for independent filmmakers to have their voices heard. Festivals can be a few days long or spread out over a week, and frequently feature musical performances, art installations, and other events, in…

What are “Related Goods” for the purpose of evaluating Likelihood of Confusion? Answer The leading case on evaluating likelihood of confusion is the 1973 case E. I. DuPont DeNemours & Co.   In it, the Court sets out a…

From the MN Secretary of State ### NOTICE: Owners of pre-2015 limited liability companies in Minnesota: Upcoming changes to the law will affect your business. The Office of the Secretary of State (OSS) wants to remind all limited liability…

Reprinted From Library of Congress NewsNet Issue 666, June 1, 2017 Copyright Office Releases an Updated Draft of the Compendium of U.S. Copyright Office Practices, Third Edition Acting Register of Copyrights Karyn Temple Claggett today…

On December 16, 2016, President Obama signed the HEAR Act into law, establishing a uniform statute of limitations to govern claims seeking recovery of Nazi-confiscated art. Confiscation of art by the Nazis during World War II has been…

Effective January 1, 2017, art dealers operating in California will have a new certificate of authenticity requirement.  AB 1570, recently signed into law by Governor Brown, requires a certificate of authenticity for all autographed…

Confidentiality provisions are not a new or novel inclusion in agreements for the sale of assets, let alone the sale of artwork. However, the extremely drawn out case of Hoffman v. L&M Arts, et al, presents a rather odd view on the scope…

Dust off your collection sale check-list and add another set of boxes of bases to cover when you are contemplating the sale or exchange of artwork from your collection. Perhaps in reaction to the dreadful state of the economy, or perhaps in…

Dust off your collection sale check-list and add another set of boxes of bases to cover when you are contemplating the sale or exchange of artwork from your collection. Perhaps in reaction to the dreadful state of the economy, or perhaps in…

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…