On October 27, 2017, the New York Chapter of the Copyright Society of the USA hosted a panel exploring the history, caselaw and policies underlying the Visual Artists Rights Act (“VARA”).[1]  The panel featured Amy Adler, Emily Kempin Professor of Law at New York University School of Law;
Continue Reading CSUSA Hosts VARA Panel During “5Pointz” Trial

Read time: 2 minutes

A six-member jury has returned an advisory verdict finding that a property developer violated more than twenty graffiti artists’ “right of integrity” under the Visual Artists Rights Act (“VARA”) when it whitewashed a building bearing nearly fifty of those artists’ works….
Continue Reading Update: Enforcing an Artist’s Rights in Street Art

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.
Continue Reading Ninth Circuit Cases Pose the Question: How Far Does the “First Sale Doctrine” Go?

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
Continue Reading Can a Tax-Exempt Arts Organization Take a Political Position?

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
Continue Reading Newly Enacted U.S. Statute Protects Foreign Museums from Art Seizures

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
Continue Reading Unchartered Territory: Enforcing an Artist’s Rights in Street Art

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
Continue Reading Proposed Amendments to Protect New York Art Authenticators Pending While Lawsuits Regarding Authentication Disputes Persist