Category Archives: Art Law

Federal Circuit: Korean War Memorial Stamp Violated Sculptor’s Copyright

Sometimes a 37¢ stamp does buy quite a bit.  One lucky sculptor, Frank Gaylord, may find that such a stamp could give him some extra spending money in the neighborhood of six or seven figures. The Court of Appeals for the Federal Circuit recently reversed the … Continue reading

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A Stunning Confession Potentially Destroys Fariey’s Fair Use Defense

Despite depictions in TV shows and the movies, most court cases do not involve dramatic confessions, cover ups and Presidential politics.  Of course, most court cases don’t involve Stephen Fairey.  From pasting the Obey Giant (now his Twitter name) and other “Obey” posters on public property … Continue reading

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What To Do Before Posting Your Photographs On Facebook (Or Anywhere Else)

Either this week or next, Facebook will make it official that it will follow its new terms of use — the legal stuff buried in a link at the bottom of the homepage entitled “Terms“.  Who cares? If you are a writer, … Continue reading

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Can Contract Law Tame Public Art Controversies?

The story of a thirty-two foot tall blue demon with glowing red eyes that that killed its famous creator and greets those arriving at the Denver airport was picked up nationally by the Wall Street Journal, the New York Times and other newspapers.  “Demon” is a … Continue reading

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When Celebrities Hang Out At The Pawnshop

It is no secret that banks large and small pulled the Persian rug (perhaps a green one for St. Patrick’s Day) out from art buyers who sought to finance their purchases with a loan.  The Wall Street Journal noted this trend back in April … Continue reading

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Christie’s Dilemma When Buyer Refuses To Pay

If you are an average Joe the plumber who happens to have an extra $40 million laying around to bid on an item or two at an auction and you don’t pay, the auction company will sue you and will likely win.  … Continue reading

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No Legal Basis For The Return Of The Chinese Bronzes

It is not surprising to find drugs and fashion in bed together and last week was no different.  Opium, a rat, a rabbit, and a  fashion house took center stage at the “Sale of the Century”.  Even those whose art budget leans towards items … Continue reading

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