Copyright

New York's Spring art bonanza: the shows, the sales, the fairs

Plus, the Richard Prince copyright case and Sarah Sze in London

Hosted by Ben Luke and Aimee Dawson. With guest speakers Anny Shaw and Laura Gilbert. Produced by David. Clack and Julia Michalska
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US Supreme Court rules against Andy Warhol Foundation in closely watched copyright lawsuit

The case, which pitted the Andy Warhol Foundation against photographer Lynn Goldsmith, may have major repercussions for artists who build upon others’ work

Judge refuses to toss two copyright infringement lawsuits against Richard Prince

New York judge says the appropriation artist's New Portraits series does not achieve the level of transformation necessary to shield him from litigation

New US copyright rules protect only AI art with ‘human authorship’

The US Copyright Office has eased its stance in new guidelines, and a decision on a comic book created using artificial intelligence

NFTnews

New York court dismisses case over ownership of ‘world’s first NFT’ sold for $1.5m at Sotheby’s

Lawsuit is one of the first in the US to examine how blockchain technology affects the ownership of digital art

Judge throws out copyright lawsuit over artwork featuring Ruth Bader Ginsburg photograph

Atlanta artist Julie Torres was accused of using a photographer’s image in her own artwork without permission

AI artnews

Artists and visual media company sue AI image generator for copyright breach

Lawsuits against firm behind Stable Diffusion image generator are recent attempt to define the legal status of such images

NFTnews

Hilma af Klint’s family criticises the NFT sale of the artist’s sacred paintings

The Swedish artist's family say the digital drop contradicts the artist’s will and goes against her artistic intentions

Banksynews

The last laugh? EU rules in favour of challenged Banksy trademark

Overturned ruling allows Banksy to continue to conceal his identity, according to a trademark lawyer

Battle lines drawn as Andy Warhol copyright case goes to US Supreme Court

Long-running case centres on a 1980s photograph of pop star Prince by Lynn Goldsmith, which later formed the basis of a series of prints by Andy Warhol

Copyrightcomment

Copying is a creative act established across centuries—despite what the US's 'fair use' ruling might suggest

The decision made in the case of Andy Warhol's usage of Lynn Goldsmith's Prince image threatens a long tradition of appropriation and quotation

Artist can take Maurizio Cattelan to court over banana work, says Florida judge

Joe Morford claims that the viral Comedian piece infringes copyright on his own duct tape work Banana & Orange

Documenta 15: why is the show so scandalous?

Plus, the Warhol-Prince copyright dispute, and Juan Muñoz at Spain’s Centro Botin

Hosted by Ben Luke. With guest speakers Kabir Jhala and Jane Morris. Produced by David. Clack, Aimee Dawson and Henrietta Bentall
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Art lawcomment

The stakes of a copyright case being heard by the US Supreme Court go way beyond Andy Warhol

A forthcoming Supreme Court hearing in a case relating to a Warhol work that used a photographer’s portrait has potentially huge implications for copyright claims

Major court battle looms over NFT launch of August Sander photographs

Bold move by German photographer’s descendant to put archive on the blockchain sparks copyright row

NFTnews

Counterfeit NFTs are creating major problems for digital platforms—but new tools to spot fakes are on the rise

Image recognition and data scraping technology are increasingly being used by the NFT community to protect intellectual property online

US Supreme Court will hear dispute over Andy Warhol’s use of photographer's image of Prince

The court’s ruling on the case, a years-long dispute between the Warhol Foundation and photographer Lucy Goldsmith, could be a watershed for the fair use doctrine

Australian government spends £10.5m on copyright for Aboriginal flag

Rights to use the design had been granted to a company fined for selling fake Aboriginal art

Andy Warhol Foundation petitions US Supreme Court to review ruling over Prince portrait

A lawyer for the foundation says a review by the Supreme Court of a lower court’s decision would “reaffirm the importance of free artistic expression”

US Copyright Office suggests Congress pass new laws to protect artists from state infringement

A string of court cases have allowed states to claim sovereign immunity when they have used images without permission, giving copyright holders cause for concern and few options for remedy

Lawnews

North Carolina film-maker’s copyright case against the state revived after Supreme Court denial

A district court will now consider whether Rick Allen’s footage of a pirate ship salvage operation was unjustly taken by state officials

What counts as ‘fair use’? Debate over Warhol's appropriation of Prince photograph rumbles on

Photographer Lynn Goldsmith says recent Supreme Court ruling on Google supports previous decision that went against the Pop artist's foundation

Lawnews

Settlement reached over Robert Indiana’s estate—paving way for planned museum in artist's home in Maine

Under the agreement, the Morgan Art Foundation will continue to promote the Pop artist's work in museums and on the market

Not laughing now: Banksy loses second trademark case over famous monkey image

Ruling slams British street artist for “sham efforts” in trying to mislead the European Union Intellectual Property Office

Romanian politician gears up to sue Brancusi's heir over longstanding copyright battle

Restrictive EU laws prevent the city of Targu Jiu, home to three public works by the Romanian sculptor, from reproducing images of his work

Basquiat NFT withdrawn from auction after artist’s estate intervenes

“No licence or rights were convened to the seller,” estate says

NFTanalysis

But is it legal? The baffling world of NFT copyright and ownership issues

With interest in non-fungible tokens growing fast, the legal questions are testing the experts

US appeals court rules that Warhol’s reliance on a photographer’s portrait image did not constitute ‘fair use’

Decision appears to signal that appropriation artists may have to proceed more cautiously

Musée Rodin could be forced to release 3D scans of bronze sculptures—including The Thinker—to the public

Cosmo Wenman made a freedom of information request for the files and is taking the museum to court because it turned him down