WYWH: A Primer on Artist Trusts
Center For Art Law
by centerforartlaw
1w ago
By Nikki Vafai. To guide with the estate planning and legacy preservation process, in 2022, Center for Art Law hosted a virtual two-part “A Primer on Artist Trusts” series. The first part of the series, hosted on June 16, focused on the basics of setting up an artist’s trust and factors to consider when deciding whether to create one. The second part of the series took place on November 21; it dived into the nuts and bolts of setting up a trust. Both events are archived and available on demand. This series was made possible with the collaboration of Julia Schwartz, Artist Legacy Foundation; Tr ..read more
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Lensa & the Law: A Story of “Magic” or Theft?
Center For Art Law
by Karina Lytvynska
2w ago
By Atreya Mathur “By far, the greatest danger of Artificial Intelligence is that people conclude too early that they understand it.” —Eliezer Yudkowsky[1] Again and again, artificial intelligence (AI) has demonstrated its sheer power to create and tell stories by making visual art, writing poems, code, composing music, and even testing astrological compatibility.[2] Or has it? AI seems to be (machine) learning and doing it all—perhaps, it has taken a step even further to play a little on the human psyche and create “magic avatars” envisaging who one may want to be. If one has ever imagined w ..read more
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The New York Publicity Bill, Oh Boy: A Balanced Scale for the Entertainment Industry?
Center For Art Law
by centerforartlaw
1M ago
by Soleil Hawley Have you ever wondered about the legality of performances by hologram Elvis and hologram Michael Jackson? Or that AI-generated Anthony Bourdain voice-over? How about this 2015 Audrey Hepburn commercial? A host of legal and ethical questions are raised by cases like that of Whitney Houston, whose estate began looking for legal opinion in 2020 after a livestream hosted by record producer Scott Storch used her hologram likeness without permission. Developed in 2016 by Hologram USA, her hologram was initially intended to debut on The Voice in a duet with Christina Aguilera before ..read more
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Case Review: The Prosecutor v. Ahmad Al Faqi Al Mahdi
Center For Art Law
by centerforartlaw
1M ago
By Daniela Baiardi Facts of the case are based on ICC court records.[1] For documents, news and recordings, visit HERE. The mausoleum of Mohamed Mahmoud at the Cemetery of the Three Saints, destroyed by extremists in 2012. Copyright Minusma / Sophie RavierBackground In January 2012, armed violence took place in the territory of Mali and led to different armed groups taking control of the north of the country. Around early April 2012, the Islamic Maghreb called al-Qaeda and the Islamic Maghreb ‘AQIM’ took control of Timbuktu, Mali. In addition, it is home to one of the UNESCO world heritage sit ..read more
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Spotlight: Swiss Federal Council Approves Creation of an Independent Commission on Nazi Looted Art
Center For Art Law
by Karina Lytvynska
1M ago
By Nikki Vafai In September of 2022, the Swiss Federal Council, the executive body of the federal government of the Swiss Confederation, voted to create an independent commission on Nazi looted art. The independent expert commission’s purpose is to make recommendations regarding the return of “cultural property seized as a result of Nazi persecution.” BACKGROUND The proposal to create this commission was the by-product of ongoing national debate and most recently criticism sparked by the long-term loan display of the Emil G. Bührle collection in the newly opened wing of the Kunsthaus Zürich. E ..read more
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Art-istic or Art-ificial? Ownership and copyright concerns in AI-generated artwork
Center For Art Law
by centerforartlaw
1M ago
By Atreya Mathur Credit: DALL·E 2; text prompts (left to right): painting of a robot holding justice scales; painting of a robot-artist painting flowers; painting of a robot reading a law bookWhat does it take to be an artist in the 21st century? Can one create art with paint brushes, watercolors, or oil pastels? Or can one simply think art into existence? ‘AI’ artwork generators like DALL·E and Stable Diffusion, offer users the ability to quickly create detailed images based on prompts, which can be anything you think of— An astronaut surfing in Times Square? A lawyer relaxing on the beach ..read more
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Degrees of Transformation: Andy Warhol’s 102 minutes of fame before the Supreme Court
Center For Art Law
by centerforartlaw
1M ago
By James Parker The Supreme Court waited 27 years after deciding the 1994 landmark case of Cambell v. Acuff Rose to revisit the issue of fair use in Google LLC v. Oracle America Inc. Decided in 2021, the court took an expansive view of the doctrine of fair use, agreeing that Google “reimplemented,” technology in a new context.[1] Now, less than two years later, the Court in Warhol Foundation v. Goldsmith is again considering the scope of the fair use doctrine in copyright law. Center for Art Law has followed the case with great interest, written at great length on the issue of fair use,[2][3 ..read more
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From Kiev to Kiev
Center For Art Law
by Irina Tarsis, Esq.
1M ago
Dear Center for Art Law Visitors and Friends, Over the last few days you might have noticed that our site has been undergoing some changes. We have a “new look” which we are pleased to share with you, and we are troubleshooting some of the development issues. Our super talented designers and developers are working from Ukraine. They have done their very best to reorganize our decade+ of content while dealing with blackouts and rocket strikes. During our call today, Ukraine was attacked by numerous Russian air strikes and part of the team was left without power. While we are working to get the ..read more
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“Outsider Artists” and Inheritance Law: What Happens to an Artist’s Work When They Die Without a Will?
Center For Art Law
by centerforartlaw
1M ago
By Wenni Iben Introduction Today, Henry Darger (1892-1973) is known to the world as an artist celebrated for vibrant and vividly-colored drawings that now command up to $800,000. During his lifetime, however, Darger’s talents were unknown to the world; a custodian by day, Darger kept his art to himself. In 1972, Darger moved out of the Chicago, IL apartment he’d rented from Nathan and Kiyoko Lerner for over a decade, leaving behind thousands of pages of drawings, paintings, and collages. Darger passed away one year later in a Chicago nursing home, with no known family or close friends, but his ..read more
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Case Review: US v. Philbrick (2022)
Center For Art Law
by centerforartlaw
1M ago
By Nikki Vafai At only 33, Inigo Philbrick managed to quickly rise in the art world and become an extremely prominent blue-chip art dealer, specializing in postwar and contemporary art. He not only owned two art galleries in Miami and London, he also dealt with some of the most sophisticated collectors in the world. However, unbeknownst to those dealing with him, the young dealer had sprinted to his position in the art world by masterminding a scheme that defrauded countless collectors, investors, and lenders. Just as quickly as he rose to prominence, his scheme unraveled. By 34, he was alread ..read more
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