Read time: 7 minutes
The Ninth Circuit has pending before it a significant challenge to the validity of the California Resale Royalty Act (“CRRA”), which will require the court to examine the scope of the “first sale doctrine” and determine whether it is at odds with California’s attempt to establish economic rights for visual artists on subsequent sales of their works.

The short answer is yes.1 Nonprofit organizations with tax-exempt status should not lose that status if, in furtherance of their exempt purpose, they speak out about issues affecting their constituents and the communities they serve.  While nonprofit organizations are absolutely barred from political campaigning, if the actions fall under their stated mission they can…

A newly enacted federal statute is intended to facilitate loans of art to U.S. museums from government-owned museums abroad, by protecting the art from private claimants while in the U.S.  In recent years, fear that a U.S. court might order the seizure of artworks loaned to a U.S. museum for the benefit of claimants to…

As street art – typically painting or drawing on someone else’s wall – grows in status in art circles,1 street artists are finding that their work is increasingly being exploited without their permission. While a number of these artists have attempted to assert copyright2 or Visual Artists Rights Act (“VARA”) rights to protect their work, courts…

The lawsuit1 recently filed by the Mayor Gallery against the authors and sponsors of the Agnes Martin catalogue raisonné illustrates the ongoing legal risks faced by scholars and other agents who volunteer to authenticate artworks.

Authenticators play a valuable role in the fine art market by providing assurance to collectors, which promotes the purchase and sale…

An erroneous copying of a judicial opinion led the Seventh Circuit to reverse a decision about an erroneous copying of a portrait.

Jesus Muhammad‐Ali, the grandson of deceased Nation of Islam leader Elijah Muhammad, painted a portrait of the current leader, Louis Farrakhan, at his request.  Ali registered a copyright of that commissioned portrait in 1986.

The…

Carol Highsmith, a renowned American photographer, has filed a lawsuit against Getty Images (“Getty”) and others for violation of the Digital Millennium Copyright Act (“DMCA”).1  Specifically, Highsmith alleges that the three defendants – Getty and Alamy (companies that sell stock photos) and License Compliance Services (“LCS”) (a company that searches the internet for copyright-infringing photographs…

Read time: 4 minutes
No one knows exactly how much art and cultural property the Nazis stole during what Agnes Peresztegi has called “the greatest art theft in history.” According to the Holocaust-Era Looted Art: A World-Wide Preliminary Overview, presented at the 2009 Holocaust Era Assets Conference in Prague, a “very considerable amount of looted movable artwork…and [cultural] property” held both privately and publicly remains to be recovered more than seventy years later. That same overview found...