On June 19, 2025, the New York State Fashion Workers Act (the “Act”) goes into effect, triggering numerous changes to the current employment structure for models in New York. The Act,[1] which Governor Hochul signed into law in December 2024, amends New York’s Labor Law to establish new responsibilities
Continue Reading Model Law: The New York State Fashion Workers Act
On February 11, 2025, a U.S. District Court in Delaware issued a decision of first impression finding that a technology startup’s use of copyrighted materials to train its artificial intelligence platform infringed the copyright holder’s rights and did not constitute fair use.[1] The Delaware District Court is the
Continue Reading Those Who Teach, Can’t: U.S. District Court in Delaware Issues Decision of First Impression, Finding Use of Copyrighted Materials to Train Artificial Intelligence Constitutes Infringement, Not Fair Use
We recently reported on a preliminary injunction issued in Mary Miss v. Edmundson Art Foundation, Inc., temporarily barring the Des Moines Art Center from destroying Greenwood Pond: Double Site, artist Mary Miss’s well-known outdoor environmental art installation that is in a state of substantial disrepair due to
Continue Reading No Relief in Site?: The Debate Continues Over Whether VARA Applies to Site-Specific Art
On January 29, 2025, the U.S. Copyright Office released Part Two of its planned reports on the intersection between copyright and generative Artificial Intelligence (“AI”). Titled “Part 2: Copyrightability,” the Report addresses a hot issue—the extent to which AI-generated outputs are entitled to copyright protection. The Report, after examining the
Continue Reading Copyright Office Issues Second Report on Generative AI: Copyright Protection Requires Human Authorship, But What Does That Mean For Generative AI?
A lawsuit pending before Judge J. Paul Oetken of the District Court for the Southern District of New York may soon underscore the need to rethink the legal remedies available for potential legal violations aided by generative Artificial Intelligence (“AI”).[1] As discussed previously on this blog, in July
Continue Reading Lehrman v. Lovo, Inc.: Voice Actors Take on AI Voice Generation
On August 16, 2024, the United States Court of Appeals for the Eleventh Circuit affirmed Italian artist Maurizio Cattelan’s legal victory in the copyright lawsuit fellow artist Joe Morford brought against him alleging that Comedian (2019), Cattelan’s famous duct-taped banana installation at Art Basel Miami Beach in 2019, infringed on
Continue Reading Affirmed on A-Peel: Following the Eleventh Circuit’s Affirmance of Maurizio Cattelan’s Defeat of Copyright Infringement Suit Over His Duct-Taped Banana, the Work May Soon Fetch More than $1 Million at Auction
We recently reported on the denial by the U.S. District Court for the Southern District of New York of an art seller’s motion to dismiss a buyer’s claim for breach of contract arising out of the seller’s alleged failure to comply with resale restrictions contained in a contract governing the
Continue Reading Another Dip into Resale Restrictions: When Are Restraints on Alienation Unreasonable?
On April 22, 2024, U.S. District Judge J. Paul Oetken of the Southern District of New York denied an art seller’s motion to dismiss a buyer’s claim for breach of contract arising out of the seller’s alleged failure to comply with resale restrictions contained in a contract governing the seller’s
Continue Reading Cloudy with a Chance of Liability: Art Seller Must Face Suit for Breach of Warranty of Good Title
Generative Artificial Intelligence (AI) tools—defined by the U.S. Copyright Office as technology that is “capable of producing outputs such as text, images, video, or audio (including emulating a human voice) that would be considered copyrightable if created by a human author”[1]—are trained by analyzing vast amounts of data
Continue Reading U.S. Copyright Office Examines Copyright and Generative AI
Art may be in the eye of the beholder, but art valuation for tax purposes is in the eye of the IRS.
Improper deductions based on inflated art valuations are now in the agency’s crosshairs, part of an ongoing expansion of audit and investigations into charitable deductions for art
Continue Reading Avoiding IRS Art Donation Audits Requires an Up‑Front Checklist