Category Archives: Artists

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 […]

5Pointz appeal marks quantum shift in U.S. copyright law

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 […]

Multi-million Dollar Award Under Appeal In Divisive 5Pointz Case

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 […]

“MAY RESULT IN LEGAL ACTION” ©TM : THE NEW BANKSY?

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.  […]

Posthumous Claims Over American Pop Artist Robert Indiana: Everything You Need To Know So Far

Posted on: July 31, 2019 by Stephanie Drawdy

In 1961, when he was in his thirties, American Pop Artist Robert Indiana stencilled a call for peace from Longfellow’s The Song of Hiawatha into his painting, The Calumet.  Regrettably, as Indiana was passing away last year at his home in Maine, his world was anything but peaceful. Indiana’s legacy and art had become entangled in […]

Changes to the Artist’s Resale Right regime in Italy

Posted on: July 10, 2019 by Eleonora Chielli

Eleonora Chielli is a partner at Chielli Law Firm, member of the Bar Association in Venice and lecturer in Art Law at Istituto Europeo di Design. The Guidelines issued on 1 February 2019 clarified the way in which SIAE (Società Italiana degli Autori ed Editori), the Italian equivalent to DACS, who is entitled to collect […]

A happy ending for Stik and the people of Gdansk

Posted on: July 5, 2019 by Julia Rodrigues Casella Hommes

We have a noteworthy development to report that will be seen by many as a welcome conclusion to the long-standing dispute over some removed Stik murals. It has taken the street artist Stik five years to reach a resolution, working alongside Miss Take, of the Polish collective ‘Graffiti Ladies’. Some of you will recall listening […]

Copyright and lessons from the past

Posted on: June 10, 2019 by Emily Gould

Dr Elena Cooper is an IAL member and the author of Art and Modern Copyright: The Contested Image (CUP, 2018). She will be speaking at a forthcoming IAL Study Forum on 29th June 2019. In the meantime, she writes below on the intriguing topic of the development of copyright law, and how it reflects changes […]

Copyright in AI works – what can we learn from our forebears?

Posted on: November 14, 2018 by Emily Gould

  Readers of this blog will have seen the post last week about Portrait of Edmond de Belamy, a piece of computer generated art created by the Obvious Collective through Artificial Intelligence, which recently sold at auction for USD 432,500. Amongst the challenges posed by AI technology for copyright law, is the question of how […]

A shredded Banksy…but still a Banksy?

Posted on: October 11, 2018 by Emily Gould

Following the excitement of the sale of the self-destructing Banksy last Friday night about which we reported on Monday, it has all gone rather quiet. We half-expected to hear more, perhaps from the aggrieved purchaser or maybe even from those ‘in the know’ to reassure us that it had all been one big hoax. Maybe […]