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

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

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
Continue Reading

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…
Continue Reading

Read time: 5 minutes

In a recent decision, the Ninth Circuit Court of Appeals adopted a utility-based standard for determining when a work of art is deemed “applied art” and therefore not entitled to protection under the Visual Artists Rights Act (“VARA”).1 VARA was enacted in 1990 as an amendment to the Copyright Act, and incorporated the concept of droit moral
Continue Reading