Category Archives: Copyright

Whistler’s portrait and copyright in artistic works

Posted on: July 15, 2021 by Elena Cooper

This month sees the opening of a major new exhibition of the work of the artist James McNeill Whistler (1834-1903) at the Hunterian Art Gallery, Glasgow, which holds one of the largest Whistler collections in the world: Whistler: Art and Legacy (9 July-31 October 2021). In this blog, I reflect on how one painting by […]

NFTs – contemplating copyright and contract conundrums (part I)

Posted on: May 28, 2021 by Emily Gould

It hardly seems possible that the now world-famous sale of Beeple’s ‘Everydays’ NFT at the eyewatering price of $69 million happened less than three months ago. The sale was still underway when we first offered a few thoughts on the explosion of NFTs onto the mainstream art market. Bidding was at what now feels like […]

Copyright in America

Posted on: April 20, 2021 by Alexander Herman

Every so often, we take a peek at the copyright situation in the USA. There are many reasons for this. Stateside, art and copyright cases are more plentiful than in the UK (and much of the world), perhaps because there is more at stake financially or simply because the culture is more litigious. Additionally, the […]

Report on latest study forum

Posted on: February 10, 2021 by Georgiana Stables

On Saturday 6th February, we hosted our second virtual study forum. It was a full day of captivating and perceptive talks by a range of speakers within the art law field. To kick-start the day, Dr Donna Yates (Associate Professor, Maastricht University) spoke about a Cambodian sculpture stolen from Koh Ker during the Cambodian Civil […]

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 […]