By Harper Johnson A legal dispute between the Los Angeles based artist known as Mason Rothschild, the creator of the MetaBirkin NFTs, and Hermès, the French company that has been manufacturing the physical Birkin handbag for almost 40 years, is ongoing despite a New York federal jury concluding that Rothschild violated Hermès’ trademark rights.[1] This June 23, 2023 holding was the long awaited outcome of the first ever NFT trademark case to go to trial and will have significant impacts on future NFT litigation.[2] However, on November 6, 2023, the artist appealed the case to the US Court of A ..read more

By Amanda Buonaiuto What is Looted Art? Looted art, also known as stolen art, refers to artifacts that have been unlawfully taken from their rightful owners through various means, such as theft and coercion during times of conflict, colonization, or war. The term encompasses a wide range of cultural objects that hold significant historical value, including artworks, archaeological items and religious relics. The looting of art and cultural property has profound consequences that extend far beyond the act of theft. Such objects often hold significance for communities, serving as symbols of the ..read more

By Olivia Zinzi and Dea Sula Precedent, “[a] professional name for the aggregate of reported cases as forming a body of jurisprudence; or for the law of a particular subject as evidenced or formed by the adjudged cases,” is one of the foundations of common law, which is practiced in the United States.[1] The highest court in the country, the Supreme Court, is the ultimate authority when it comes to precedent, issuing decisions that become stare decisis and bind lower courts.[2] The United States Supreme Court rules on 1% of requests it receives.[3] The Supreme Court receives, on average, 7,00 ..read more

By Divya Srinivasan The photographic documentation of the deceased body has occurred for decades. While photographers’ intentions vary, controversy surrounds this practice, resulting in discourse about the regulation and accessibility of corpses and their use in photographic production. Whether it be for the sake of documentation or aesthetics, it is evident that the historical use of the dead body has served a wide variety of purposes within the realm of photography. Memorial photography, forensic investigations, and the documentation of war and violence are all examples of the historic photo ..read more

By Claire Killian What is NAGPRA? In the ecosystem of cultural heritage and museum governance, the Native American Graves Protection and Repatriation Act (NAGPRA) stands as the pivotal piece of legislation shaping the landscape of museum practices and indigenous rights in the United States.[1] Enacted in 1990, NAGPRA mandates the repatriation of Native American human remains, funerary objects, sacred objects, and objects of cultural patrimony to affiliated Native American organizations and applies to museums, agencies and universities to compile detailed summaries and inventories[2]. Its imple ..read more

Photo: Floragen 2.0.2 and Regen 1.0.2 by Colleen Hoffenbacker By Atreya Mathur “Recently, I’ve integrated artificial intelligence into my digital process to harmonize the cutting-edge technology with timeless human values, creating a blend that’s uniquely mindful and full of wonder.” ~ Colleen Hoffenbacker, Artist In the realm of contemporary art, Artificial Intelligence (AI) has emerged as a groundbreaking force, revolutionizing the way the world conceives, creates, and appreciates artistic expression. From mesmerizing visualizations to thought-provoking installations, AI-generated artworks ..read more

By Alexandra Materia Tattoos place another wrinkle into the realm of copyright law and their interaction with the fair use defense. Famously in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith Justice Kagan passionately dissented from her majority justices to argue that Warhol’s use of the Prince photograph was not fair use because “[i]t will stifle creativity of every sort. It will impede new art and music and literature. It will thwart the expression of new ideas and the attainment of new knowledge.”[1] This dissent serves as not only a warning, but it also places artists in pot ..read more

By Olivia Zinzi Richard Serra, Tilted Arc (1981) GSA Art in Architecture: Selected Artworks 1997 to 2008, available at http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentType=GSA_BASIC&contentId=27993 The recent death of an octogenarian titan of 20th century sculpture, Richard Serra (1938-2024), is a fine opportunity to revisit the influential 1987 art law decision which gave wind to the sails of having moral rights integrated into the American legal system. Richard Serra, a celebrated and accomplished American artist, passed away on March 26 at the age of 85.[1] He graduated with a B ..read more

By Rachel Sundar New York City, a global hub for the art market, hosts numerous auction houses with international footprints. In a surprising move that sent shockwaves through the art world, the New York City Council repealed long-standing regulations governing the city’s auction industry, effective April 2022.[1] This deregulation was part of a broader effort to stimulate business activity post-pandemic, primarily involving eliminating rules that had been enacted in the 1980s to bolster oversight within an industry known for its opacity.[2] Legislators intended the original regulations, encom ..read more

By Eric J. Simon Armed conflicts can potentially destroy not only human lives but also entire cultures. As Dr. Patty Gerstenblith, Distinguished Research Professor of Law at DePaul University, stated during her keynote address at the Kernochan Center’s symposium on Protecting Cultural Property, the significance of the destruction of cultural heritage sites “lies in the people.”[1] This destruction weakens communities and compromises opportunities for peace and reconciliation.[2] It was not until 1954 at the Convention for the Protection of Cultural Property in the Event of Armed Conflict (the ..read more