Images of Goldsmith and Warhol at issue. The U.S. Supreme Court will review a ruling that an Andy Warhol print infringed a copyrighted photograph taken by photographer, Lynn Goldsmith, of the late musician, Prince. We certainly hope–as much as one can hope for anything these days–that SCOTUS cleans up the wasteland that has become of “fair use” interpretation. One would think, and hope I suppose, that with many of the sitting justices adhering to textualism, they will fully jettisons the nonsensical “transformativeness” test that has plagued us like a really bad case of Covid since the mid-19 ..read more

Ahh…Youth! Sergio Munoz Sarmiento. (2015 – ongoing), C-Print. © and TM Sergio Muñoz Sarmiento. All rights reserved. I had a lovely conversation with fellow lawyer and artist, Stephanie Drawdy, on the NFT craze, pets, art law, and the origins of The Art & Law Program. You may listen to the Podcast here. Hope you enjoy ..read more

The Philadelphia Museum of Art, the Centre Pompidou, and the Association Marcel Duchamp have digitized their vast archives of material on the Dadaist and placed it online, where it is free to all. Enjoy ..read more

Hermès is suing NFT creator Mason Rothschild ..read more

If you have kids at home and want them to do something fun and educational, try the Art & Law Coloring Book, an ongoing project by The Art & Law Program. Really a great collection of drawings by great artists, including: Emma Jane Bloomfield Damien Davis Molly Dilworth João Enxuto Soda Jerk Clare Kambhu Alexandra Lerman Erica Love Douglas Melini Sergio Muñoz Sarmiento Melinda Shades Elisabeth Smolarz Gabriel Sosa Alfred Steiner Valerie Suter Happy coloring ..read more

If you’re confused as to what the hell NFTs are, particularly art NFTs, here’s a new article by Alfred Steiner that pretty much walks you through and safely out of the NFT hell. In his article, Steiner explains what NFTs are and what it means to own one. He also discusses why that meaning of ownership—which may appear novel to many—isn’t new at all when considered against the backdrop of the market for conceptual art. Steiner concludes with some observations about how NFTs may be good and bad for the art industry ..read more

Warhol’s estate says there is a “cloud of legal uncertainty over an entire genre of visual art.” A little drastic perhaps but if there’s a fair use case the U.S. Supreme Court would grant a hearing, it’s probably this one ..read more

Right here ..read more

Some of my art teachers told me to hate this guy. Instead, I ended up loving him. He was brilliant ..read more

Images at issue. Brought to you by Azmina Jasani and Emelyne Peticca, who believe that if “the Warhol [v. Goldsmith] case is any indication, [Richard] Prince has an uphill battle to prove that he made fair use of [Donald] Graham’s image.” Jasani and Peticca point out one other aspect of note re: the Second Circuit’s amended decision: The Second Circuit concluded that “just as artists must pay for their paint, canvas, neon tubes, marble, film, or digital cameras, if they choose to incorporate the existing copyrighted expression of other artists in ways that draw the original work’s purpose and ..read more