A New Path Forward in Art Restitution
A recent deal signals a move away from the court system when it comes to art restitution. Negotiations between Leonard Stern, the Metropolitan Museum of Art, and the Greek government…
How an Art Collective’s Gimmicks Could Clarify the Boundary Between First Amendment Rights and Trademark Protections
Despite the two lawsuits recently brought against MSCHF, the brand isn’t too worried about being sued. The art collective aptly pronounced “Mischief” approaches lawsuits as it does everything, from its…
The Intellectual Property Implications of AI-Generated Images
AI-generated imagery is taking the world by storm. Consumer-facing AI systems such DALL-E 2, Stable Diffusion, and Midjourney are able to near-instantly generate impressive visual works based on textual prompts.…
Appropriation Art vs. Copyright Law: A Recent Setback for the Promotion of the Arts
The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult…
Recent Developments in the Restitution of Nazi-Looted Art
Over the course of this winter, the art world has seen several significant developments in legal cases concerning the restitution of art looted by the Nazis during World War II.…
Taking the Mona Lisa Effect from Illusion to Reality: Enhancing the Museum Experience with Augmented and Virtual Reality
From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ReBlink,” which urged visitors to “[t]ake a second look… with a modern lens:”…
Will—and Should—VARA Cover NFTs?
Non-fungible tokens, or “NFTs,” gained worldwide notoriety in the art world last year following the sale of Beeple’s EVERYDAYS: The First 5000 Days for a staggering $69 million at Christie’s.…
If copyright law won’t protect small fashion brands against copying, social media will – just ask influencer Danielle Bernstein
“Girl you are not going to enjoy your time here,” read a particularly prophetic comment on Danielle Bernstein’s very first Tik Tok video, published in late February. Just a few…
Originality & Creativity in Contemporary Works of Art
Modern and contemporary art have inspired new perspectives and interpretations about what was, is, and what might be, both in art and society writ large. This art has provoked viewers…
Can Street Artists Recover Damages from Property Owners for Whitewashing Their Work?
Can property owners freely remove street art painted on their property walls? Many might think the answer is obviously yes – they own the property, so they can do what…