Category Archives: Copyright

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 […]

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 […]

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 […]

New Art Antiquity and Law Issue Released

Posted on: May 15, 2020 by Charlotte Dunn

The most recent issue of Art Antiquity and Law is now available and, since we all have a little extra time on our hands lately, you can find articles, case notes and book reviews in our journal to help fill those spare hours with fascinating reading. Evelien Campfens gives a detailed exposition of the methods for […]

Recent US court case sheds light on copyright law and tattoos

Posted on: May 8, 2020 by Charlotte Dunn

In a recent US judgment, the court addressed the tricky topic of copyright and tattoos. This is an area in which many uncertainties and questions arise. Are tattoos copyright works? If so, who owns that copyright? How does copyright impact the tattooed individual’s ability to publicise their likeness and express themselves freely? The case in […]

The recent rise of the virtual museum experience

Posted on: April 21, 2020 by Charlotte Dunn

As discussed in two previous IAL blog posts (here and here), the current outbreak of Coronavirus has had a substantial impact on the art world. One of the more positive sides to the story is how the present restrictions in movement have encouraged museums and galleries to scale up their presence online, giving individuals the […]

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 […]

Interesting times for copyright law in the UK

Posted on: February 11, 2020 by Emily Gould

At 11pm on 31st January 2020, the UK left the European Union. That much is clear. Far less certain at this stage, is the effect this will have on a number of areas of law, not least the law of copyright. We have known for some time that certain specific rights which depend on European-wide […]

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 […]