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The Art of the Deal

Authored by: Dennis Cohen and Lindsey Shoshany Art galleries have long been an outlet for artists to display their work.  For some artists, they provide a means to earn a living.  Ordinarily, a gallery...

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After Seven Years, Second Circuit Denies Claim to Stolen Art by Heirs of...

Cases about Nazi-era stolen artwork can present some of the more complicated issues.   Stemming from cross border theft, these disputes often include difficulties regarding venue, complex factual...

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Artist Resale Royalties: U.S. Copyright Office Seeking Comments

Should artists have the opportunity to benefit from the increased value of their works?  At the request of Congress, the U.S. Copyright Office is considering whether artists and/or their heirs should...

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Art Sale Transactions: Consign Your Design

Most working artists make a living by creating valuable one-of-a-kind or limited-edition pieces.  They then hand those pieces to a stranger to sell or display.  Entrusting artwork to a gallery, auction...

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Fifty Shades of Gray Market Artwork

Droit moral – the legal doctrine that grants artists a moral right to dictate certain treatment of their artwork even after sale – has a firm foundation in European law and elsewhere, but has never...

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Appropriation Art Alive and Well after Second Circuit Ruling in Cariou v. Prince

Today, the Second Circuit handed down its much anticipated decision in Cariou v. Prince regarding the legality of appropriation art by artist Richard Prince. Just over two years ago, in federal...

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Supreme Court Declines Opportunity to Review Test for Copyright Fair Use

After the Second Circuit ruling in Cariou v. Prince, which we wrote about on this blog here, photographer Patrick Cariou felt that the decision was too subjective, calling it an “I know it when I see...

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