Posted on: January 31, 2022 by Ruth Redmond-Cooper
The slightly delayed December 2021 issue of Art Antiquity and Law has now gone to press and hard copies will be sent out to subscribers early next week. It contains articles on the far-reaching implications of Brexit for the cultural sector (Valentine Granet and Dr Sophie Vigneron); an examination of the changing nature of the […]
Posted on: November 13, 2020 by Stephanie Drawdy
The 5Pointz case has now been confirmed as viable authority in favor of artists’ rights in the United States. In early October, the U.S. Supreme Court declined to hear the petition for certiorari filed by developers Gerald Wolkoff and several of his real estate entities, thereby eliminating the last appellate hope the developers had to […]
Posted on: October 19, 2020 by Emily Gould
The opening of a ‘virtual’ Frieze week in London earlier this month was a reminder of both the significant challenges Covid-19 has posed to the art market, and the innovative and creative responses which have emerged. In contrast to the usual spectacle of bustling crowds cramming into marquees in London’s Regent’s Park, Frieze London 2020 […]
Posted on: October 7, 2020 by Adam Jomeen
Banksy hit the headlines last month when an EU trade mark featuring his iconic Flower Thrower graffiti was struck down by the EU’s Intellectual Property Office, reigniting claims that the Bristolian street artist is abusing trademark law to secure rights against third parties who commercialise his work without consent. Whilst Banksy could in principle take […]
Posted on: June 25, 2020 by Amy Werbel
In 2019, the Home Office Department for Digital, Culture, Media & Sport published a White Paper with a plan to oblige social media companies to expand their censorship efforts through the imposition of a new statutory duty of care. Noting that “99% of 12 to 15 year olds are online,” the White Paper suggested that […]
Posted on: June 12, 2020 by Stephanie Drawdy
A nearly seven-year long legal battle over the rights of aerosol artists that played out before the New York courts and resulted in a $6.75 million judgment in favor of the artists has taken yet another turn. In 2018, a ground-breaking judgment was handed down against a group of New York developers for willful removal […]
Posted on: March 31, 2020 by Stephanie Drawdy
Does an advertisement that shows street art without the artist’s permission infringe the artist’s rights? Does it matter if the art was painted on a building with the property owner’s permission? Would the answer change if the mural is on a building that is visible to the public? The unfortunate answer to each of these […]
Posted on: March 18, 2020 by Stephanie Drawdy
The appeal of a multi-million dollar award in favor of a group of artists that made headlines in 2018 was recently decided by a U.S. appeals court. The question looming for the last two years in the precedential case known as 5Pointz: would a New York developer be required to pay over $6 million in […]
Posted on: November 28, 2019 by Stephanie Drawdy
Ninety days versus $6.75 million. That’s what the 5Pointz case currently on appeal in the US before the Second Circuit Court of Appeals boils down to. Twenty-one artists should have been given a ninety-day notice to remove their art from the façade of a real estate developer’s property before he whitewashed the works, according to the […]
Posted on: November 21, 2019 by Adam Jomeen
Banksy’s well-known quip from 2005 that “Copyright is for losers ©TM” is perhaps more widely attributed than many of his artworks. Disputes with an Italian museum and a UK greetings card company over the past year suggest a shift, however, in his historically laissez-faire attitude to the commercialisation of his work by unauthorised third parties. […]