Category Archives: Artists

The Smart Fund: How Digital Devices Can Pay Back Artists While Supporting the UK’s Creative Industry

Posted on: November 27, 2023 by Laura Villarraga Albino

A few weeks ago, the UK’s cultural industry organisations presented evidence to Parliament regarding the challenges faced by creators and performers in receiving fair compensation and, most importantly, the relevance of the Smart Fund. The initiative seeks to ensure fair remuneration to creators for the access, distribution and storage of their work on digital devices. […]

Exploring Artist’s Resale Right in Latin America’s Growing Art Market

Posted on: October 30, 2023 by Laura Villarraga Albino

The recent report from DACS reveals that since 2006, almost £120 million in Artist’s Resale Right (ARR) royalties have been distributed to over 6,023 artists and heirs in the UK. ARR plays a significant role in the UK’s art ecosystem, contributing directly to artists’ practice and their legacies with minimal impact on art market participants. […]

Australia Investigates Allegations of Painting by Non-Indigenous Studio Staff

Posted on: May 19, 2023 by Elizabeth Pearson

Australia’s National Gallery and three governments have launched separate inquiries into allegations reported by a national newspaper that non-Indigenous studio staff painted on First Nations artists’ works, including art due to be exhibited in the country’s capital in June. The Australian published allegations on 7 April 2023 that non-Indigenous staff at Tjala Arts Centre, a […]

December issue of Art Antiquity and Law out now

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 […]

U.S. Supreme Court declines to review 5Pointz ruling

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 […]

Adapting to the new normal – challenges for the art market

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 […]

IS A STORM BREWING IN THE BANKSY TRADE MARK TEACUP?

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 […]

Is Art Censorship on Social Media Leading Us To Tyranny?

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 […]

5Pointz case stayed pending petition to U.S. Supreme Court

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 […]

Corporate Misappropriation of Urban Art: The Legal Landscape in the U.S.

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 […]