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The article summarizes the concluding remarks of the second panel at the Cardozo Arts & Entertainment Law Journal Symposium, highlighting the discussions surrounding trademark law and parody implications following recent court decisions. Topics include the potential increase in cease-and-desist letters from trademark owners, the complexities of determining trademark use, and the overall impact on the future of trademark rights and parody protections.

The article details the discussions from the second panel of the Cardozo Arts & Entertainment Law Journal Symposium, focusing on the Bad Spaniels case and its implications for trademark law, particularly concerning the intersection trademark protections. Topics include the concept of likelihood of confusion in trademark infringement, the application of the Rogers test for expressive works, and changes in trademark owners' rights regarding parody and artistic expression.

The author comments on the 24th Annual Grotius Lecture given by Judge Hilary Charlesworth of the International Court of Justice at the Annual Meeting of the American Society of International Law on April 6, 2022. Topics include the author's appreciation of the lecture for focusing on the intersection of art and international law and how images and the visual sphere affect the law discipline, and her thoughts on the interplay of international law and culture from a cultural rights perspective.

The article highlights the 24th Annual Grotius Lecture given by Judge Hilary Charlesworth of the International Court of Justice at the Annual Meeting of the American Society of International Law (ASIL) on April 6, 2022. Topics include the focus of Charlesworth's lecture on how visual images and representations interact with international law, and the dimensions of international law which gain power through being invisible such as the role of framing and representation in international law.

This article examines whether the Resale Royalty Right for Visual Artists Act 2009 (Cth) provides adequate protections for artists working with non-fungible tokens (NFTs). Focussing on Indigenous Australian artists and the context within which they work, the article assesses whether smart contracts embedded in NFTs provide more secure access to royalties for visual artists, as compared with the Act. The article then considers how the Act can be reformed to provide more comprehensive protections that meet the needs of Indigenous Australian artists working with NFTs. [ABSTRACT FROM AUTHOR]

The fair use test can hinge on market effects: Did the unauthorized copy take sales away from the original artwork? After all, copyright law assumes that a viable market must exist for a work to deserve protection. The issue is that technology has unsettled the economics of creating original art by empowering people to make literature, visual art, music, and other forms of content in unlimited quantities and at zero-prices. This has quietly inspired a few courts to expand the scope of exclusive rights to include non-price interests like one's integrity or reputation (did the copy harm the artist's reputation?) because zeroprice art would ostensibly lack a market. While incorporating an artist's integrity or reputation into the analysis might help copyright to promote what actually motivates contemporary artists, it would also enable artists to squelch criticisms, unflattering portrayals, and parodies of their works, frustrating copyright's goal of disseminating new and meaningful expressions. This Essay explores how copyright should balance fair use and exclusive rights in the era of "free art" by interviewing scores of artists and authors about why they give their works away and what they expect. It finds that producers of zero-price content have devised a unique rule, which has no basis in copyright law: Third parties may copy and use another's zero-price art so long as it remains free. Subjects expressed anxiety that a "soulless corporation" could use their art in a product or advertising campaign, creating the guise of a partnership. One artist insisted that putting a price tag on art transforms it into "merchandise." While copyright assumes that zero-price content generally lacks a protectable market, the interviews show how copying can discourage artists from creating zero-price content or widely sharing it with global audiences. This Essay asserts that the fair use test must modernize, akin to other bodies of law, in recognizing the importance of zero-price markets. After all, the rise of free art has revolutionized the creative process by fostering new mediums and expressions as well as perspectives of those who were historically excluded from the arts--copyright's precise goal. [ABSTRACT FROM AUTHOR]

The article offers update on the Visual Artists Rights Act (VARA) and discusses the role of social media response in judicial analysis of recognized stature of artworks. It provides an overview of the recognized stature provision and examines its treatment in the case Castillo v. G&M Realty LP. It discusses the role of social media platforms in increasing accessibility to and engagement with street art and the foundations for incorporating online response into recognized stature analysis.

The article discusses the need to reform the 1990 Visual Artists Rights Act (VARA) to protect the works of artists in the U.S. in the digital age. Other topics include the efforts by street artists to protect their moral rights on their works against those of real property owners, the Second Circuit Court's ruling in Castillo v. G & M Realty LP favoring artists' moral rights on their works, and the limitations on property rights called numerus clausus.

This article examines legal provisions and remedies for illicitly trafficked pre-Columbian antiquities, focusing on Mexico and the United States of America (USA), to determine gaps and areas for improvement. These two countries provide an interesting contrast, as they are contiguous neighbours but have different legal systems and approaches to the protection of cultural property. Nonetheless, Mexico and the USA have a history of fruitful cooperation in the recovery and return of pre-Columbian cultural objects under both domestic and international frameworks, such as bilateral agreements and cultural heritage conventions. In particular, as a country that accounts for nearly half of all global art market transactions, the USA is uniquely placed to act as a gatekeeper for pre-Columbian antiquities and serve as an example for the effective protection of foreign cultural property seized within its borders. However, while the examination of Mexico and the USA provides a useful case study, the illicit traffic of these objects should not be viewed in isolation or characterized as solely a regional problem. Globalization and the international nature of the art market require a more expansive view of the subject, while still taking countries' legal and cultural specificities into account. A balanced and holistic approach will help increase the effectiveness of both national and international remedies; this will improve the legitimate market as a whole and curb illicit trafficking. By tackling the problem at both ends of the supply chain and increasing visibility, the possibilities of success shall rise. [ABSTRACT FROM AUTHOR]

Conceptual art is art that consists of ideas, not their realization. It tests the boundaries of art, by eliminating the art object entirely. Legal scholars should be interested in conceptual art because it can help them test the boundaries of legal doctrines and their justifications. I created a work of conceptual art that reflects on both the securities laws and copyright doctrine. Among other things, I asked the SEC and the Copyright OfAce to opine on that work, with limited success. I use my experience to reflect on how conceptual art can illuminate our understanding Of the law. [ABSTRACT FROM AUTHOR]

In Masterpiece Cakeshop, the baker's lead argument to the Supreme Court was that his cakes were artworks, so antidiscrimination laws could not apply. Across the country, vendors who refuse to provide services for same-sex weddings continue making similar arguments on behalf of their floral arrangements, videos, calligraphy, and graphic design, and the Supreme Court will again be asked to consider their claims. But arguments like these--what we might call "artistic exemption claims," akin to the religious exemptions so much more widely discussed--are actually made throughout the law, not just in public accommodations cases like Masterpiece Cakeshop. In areas ranging from tax and tort, employment and contracting discrimination, to trademark, land use, and criminal law, litigants argue that otherwise generally applicable laws simply do not apply to artists or their artworks. This Article collects these artistic exemption claims together for the first time in order to examine what determines their occasional success--and to ask when and whether they should succeed. The surprising answer is that claims of the form "x is protected because it is art" should never succeed. The category "art" is constitutionally irrelevant. Contrary to widespread assertion among scholars and advocates, a work's status as art has never done any work in the Supreme Court's First Amendment case law. Instead, the Supreme Court emphasizes individual mediums of expression--categories like paintings and protest marches, books and billboards. Compared to the category "art," these mediums of expression are better defined, easier to administer, and more relevant to that which the law most likely and legitimately wants to regulate. Yet they have gotten far less attention from scholars and lower courts than they deserve. Understanding the constitutional irrelevance of art--and the constitutional importance of mediums--casts new light on some of the most prominent recent and looming artistic exemption claims at the Supreme Court: not just those made in same-sex wedding cases like Masterpiece Cakeshop and its kin but also those made in challenges to race discrimination in television and in criminal threat prosecutions brought against rappers. Asking whether a cake, a TV show, or a rap song is art uselessly distracts from the difficult issues actually at stake in those important cases and in First Amendment doctrine more broadly. [ABSTRACT FROM AUTHOR]

The impersonal legal language of contracts, termed the "aesthetic of administration" by Benjamin Buchloh, has had a strong impact on postwar conceptualist art. In the U.S., however, a two-tiered legal system explicitly existed from before the founding of the republic up through the end of Jim Crow, and, implicit in so-called "colorblind" legal discourse, continue to exist. Without claiming an exclusive status for Black conceptualist art, Black artists often employ a critical approach to the universalism assumed by the analytical ethos of conceptualism. Making use of text and performance, the works of artists Adrian Piper, Charles Gaines, William Pope.L, Glenn Ligon, and Cameron Rowland offer an archive of nuanced operationalised language. The hybrid practices of artists like Rick Lowe and Martine Syms spill over into curation, signalling an emphasis on administration as an avenue for accruing cultural capital. Black conceptual artists and Black curators can be framed within a history linked not to identity per se, but to a skepticism that expands and enriches the conceptualist tradition, while suggesting a need to transform systems by which cultural recognition is allocated. [ABSTRACT FROM AUTHOR]

On 25 October 2018, Christie's sold a rather interesting and mysterious work. However, in contrast to the works that this auction house tends to sell, Portrait of Edmond Belamy was created by an Artificial Intelligence (AI). This and other similar creations have been in the middle of academic and regulatory discussions relating to the nature of Intellectual Property Rights (IPRs) that could result from them. Unfortunately, these discussions tend to present ideas in absence of transitions among markets and/or a lack of proper understanding of certain IPRs like those related to derivative works. Based on these elements, the present document aims to present a proposal built upon a hypothetical AI Copyright (AI©R). To develop this latter, we focused our attention on the plastic arts market and employed the analysis of market imperfections under the light of a right that tends to be overlooked by artists, scholars and lawyers alike: the Droite de Suite (DDS). Building upon the analysis of this right, the AI©R has been structured as a 'label' aimed to address market imperfections, and to recognize the 'moral' right of the AI and the economic rights of the individuals and/or companies that could be empowered to claim them. [ABSTRACT FROM AUTHOR]

The article focuses on the U.S. Court of Appeals for the Ninth Circuit decided Roth Greeting Cards v. United Card Co. which have applied the "total concept and feel" test to modern case law concerning visual art. It mentions how the "total concept and feel" test might be applied to well-known contemporary appropriation artists like Jeff Koons and Richard Prince. It also mentions copyright infringement of an original work.

The article focuses on history of both the legal and artistic developments of public art. It mentions role of the U.S. Visual Artists Rights Act (VARA) limits visual art that prevent the statute from providing adequate protection to public artists. It also mentions need of removing unnecessary limitations on VARA's definition of visual art and expanding it to resemble copyright's definition of visual art.

The article explores the tort and copyright implications of the shredding of Banksy's artwork, "Girl With Balloon," under U.S. law. Topics discussed include Banksy's background, works of art, and the details behind the sale and shredding of "Girl With Balloon." It then outlines the elements of trespass to chattels, surveys Banksy's protections under The Visual Artist Rights Act of 1990, and explores the right of Banksy to prevent the purchaser from removing or disabling the shredder.

For centuries, it was necessary for performers to be present in "real time" to supply their services, such as music, dance, or drama. Labor time and human skill and capital were inextricably related. "Reproducibility"--the ability to make copies of human services that are adequate substitutes for "live" performance-- has meant performers need not be present to supply their services, which can be recorded and supplied with economies of scale. Consumers do not need the live performer to be present to obtain their services. Demand for performers has therefore fallen. The same is, of course, true for non-performing authors. Such a scenario must have altered the balance of incentives for authors for how they ultimately decide to spend their time. The choices between working on producing copyrighted material (which will earn them income through royalties over the duration of the copyright), working for "spot" wages (either in related or in unrelated activities), and to take leisure must be closely related to the ability of copyright law to guarantee future income from copyrights. This article considers this situation in terms of a formal model of time allocation. [ABSTRACT FROM AUTHOR]

Almost $8 million--that is what the Crystal Bridges Museum paid for one work of contemporary art in November 2015. What did that museum get for that hefty sum? From a legal perspective, absolutely nothing. The work it purchased was just an idea, and ideas of this kind escape legal protection. Despite this lack of legal protection, the social norms of the art world lead large, sophisticated, experienced, and legally represented institutes to pay millions of dollars for this type of work. This Article is one of the first in legal scholarship to examine at depth those norms in this multibilliondollar industry. It does so by, inter alia, reporting on interviews the author conducted with industry insiders concerning their practices. This Article suggests that those norms create property-like rights in all artworks, whether or not they are legally protected, as well as an ongoing right of artists to partly control the use of their works. Those social norms fill a gap between the ways in which the contemporary art world understands creativity and the ways in which our legal system actually incentivizes creative endeavors. This Article analyzes the normative implications of these social norms and the gap they fill. First, it explains how those norms incentivize certain forms of creativity in a way that is more effective and efficient than property rights. Second, going beyond the art world, the Article shows how the social norms expose certain hidden assumptions in copyright authorship and their shortcomings. It suggests how the law can be improved to account for the richer description of creativity this Article provides. Third, the Article contributes to the ongoing debate concerning private property ownership. The art world provides sellers with significant post-sale control over their works in a way that the law commonly finds undesirable. That tension might justify rethinking the current legal rules that disincentivize post-sale control. [ABSTRACT FROM AUTHOR]

Study Question: What are the attitudes and expectations of past oocyte donors concerning contact with their donor offspring and contact between donor offspring and their own children?Summary Answer: The large majority (95%) of open-identity oocyte donors, as well as voluntarily registered donors (registered before the Finnish 2007 ART law), expressed positive or neutral feelings towards contact with their donor offspring and mainly positive expectations towards contact between donor offspring and their own children.What Is Known Already: Although there is a growing support for openness and identity-release programmes in gamete donation, there is not much knowledge on how donors feel about potential contact with their offspring. Most previous studies have investigated donor expectations with a relatively short follow-up time, using small samples or participants in voluntary donor linkage services.Study Design, Size, Duration: A retrospective cross-sectional survey of all women who had donated oocytes between 1990 and 2012 at three fertility clinics in Finland was carried out in 2013. A self-administered questionnaire was sent out to a total of 569 former oocyte donors.Participants/materials, Setting, Methods: In total, 428 former oocyte donors answered a questionnaire assessing experiences and attitudes related to donation (response rate 75.2%). In this study, 358 donors who were unknown to the recipient were included. The mean follow-up time after the donation was 11.2 years. Before 2008, donors were non-identifiable but could voluntarily consent to release their identifying information to their donor offspring. After 2008, persons born as a result of gamete donation can, from the age of 18, receive information identifying the donor. Altogether 290 respondents had participated in a donation programme in 1990-2007 (before the Finnish ART-law), and 68 participated after the enactment of the ART-law, enabling us to compare attitudes by type of legislation during donation.Main Results and the Role Of Chance: Most voluntarily registered and open-identity donors welcomed or were neutral to potential contact with their donor offspring but were slightly more cautious towards contact between their own children and a donor-conceived child. Open-end comments revealed some ambiguity and uncertainty as to what to expect from such contact and feelings varied from neutral curiosity and interest to desire to meet the donor-conceived child.Limitations, Reason For Caution: It is not possible to assess whether the opinions of the study participants is representative of all donors in 1990-2012, as 25% of all contacted former donors did not respond to the survey.Wider Implications Of the Findings: This study is one of only a few studies among oocyte donors to evaluate long-term psychosocial consequences of the donation and expectations towards contact with donor offspring, using a large sample. Results from this study show that persisting concerns about adverse outcomes of identity release policies are largely unwarranted, but there is a need to develop counselling practices and material for identity-release donors about how to prepare for and adjust to potential contact with donor offspring.Study Funding/competing Interest(s): This study was supported by grants from the Medical Society Life and Health, and from the Otto A. Malm Foundation. The authors have no competing interests to report.Trial Registration Number: N/A. [ABSTRACT FROM AUTHOR]

The article focuses on a court case wherein the plaintiff author of art works has filed a lawsuit against the government of Austria over the resale rights of their art works. Topics discussed include refunds of value-added tax (VAT), breaching of tax obligations and infringement of original art works.

Copyright of Giornale Italiano di Medicina del Lavoro ed Ergonomia is the property of Giornale Italiano di Medicina del Lavoro ed Ergonomia Editorial Board and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Public Art is the property of Shanghai Fine Arts Publisher Ltd. co. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Public Art is the property of Shanghai Fine Arts Publisher Ltd. co. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Public Art is the property of Shanghai Fine Arts Publisher Ltd. co. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Public Art is the property of Shanghai Fine Arts Publisher Ltd. co. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Public Art is the property of Shanghai Fine Arts Publisher Ltd. co. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Public Art is the property of Shanghai Fine Arts Publisher Ltd. co. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Public Art is the property of Shanghai Fine Arts Publisher Ltd. co. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article discusses the legal aspects of the mutilation, destruction and alteration of artworks with particular focus on the case of Argentinian artist José Luis Landet. Topics discussed include the arguments on the artist's creative process and artwork untouchability, the moral rights and integrity of the artwork in civil law countries like Argentina, France and Italy, and the U.S. Visual Artists Rights Act of 1990 (VARA).

This paper intends to be a legal-philosophical approach to the film The Danish Girl, which tells the story of the first person to undergo a sex change surgery. However, the paper does not attempt to address the preeminent question in the movie, concerning gender issues. Our proposal comes from the hypothesis of art as the best conceivable place for the invention of an “other” that comes. The reflections brought about by the film point to the very heart of the Law and Humanities movement, since it shows how otherness may precede any conceptual dimension, as well as the important question concerning the possibility (or necessity?) of transformation of Law through art. Therefore, we will try to show how the idea of literature, based on Derrida’s concept, Jacques Derrida, Positions (Belo Horizonte: Autêntica, 2001). could indicate a possible ethical path to implement the confluence between legal and artistic narratives, presenting itself as a fertile soil for the opening to the otherness that comes, towards the transformation of the very idea of justice. [ABSTRACT FROM AUTHOR]

The article comparatively discusses the different approaches towards copyright in public art in Japan, South Africa, Ecuador, the UK, Sweden, China and the US. It argues against UK law, which blindly exempts infringement of copyright in the exploitation of the public work for whatsoever purposes. It further addresses the conflict of laws issues from the perspective of English law as pertaining to the exploitation in the UK of public sculptures located both within and outside the EU. It demonstrates the complexity of cross-border litigation and advocates an international convention akin to the EC Directive harmonising the conflict of laws rules. [ABSTRACT FROM AUTHOR]

This Note provides a scholarly engagement with the Holocaust Expropriated Art Recovery (HEAR) Act of 2016--new U.S. legislation that has important implications for the art market--including a detailed examination of the legislative history and its text. The Note describes how international public law commitments, political developments, and recent judicial decisions motivated the passage of the HEAR Act in a mere matter of months with overwhelming bipartisan support, including unanimous passage in the Senate with a voice vote. In order to understand the import of the HEAR Act, the Note offers a comprehensive description of the preexisting legal landscape for restitution of art in the United States, including international public law, past federal legislation, and state common-law writ of replevin. The Note also identifies the important and unique factual circumstances relating to the expropriation of art in the Nazi era that may justify treating claims for the return of art lost in the Nazi era differently from other restitution claims. The HEAR Act will bring dramatic and claimant-friendly changes to the existing legal landscape. But despite the widespread support for the new legislation, the Note highlights some unvoiced concerns. The HEAR Act represents a departure from previous balance struck between States and Federal government and that between bona fide purchasers (museums) and true owners. And, ultimately, the HEAR Act introduces a cloud of uncertainty as to its scope that will be left to judges and litigants to attempt to unravel. [ABSTRACT FROM AUTHOR]

What do we study, when we study "Law and the Arts"? Separate out "the arts" into "literature" and "the visual arts." In the Academy, the relations between law and literature are typically studied thus: (a) the law of literature; (b) literary works that address the law; (c) law as literature. The relations between law and the visual arts figure as a more limited and remote version of this law / literature nexus: (a) art law; (b) art works that address legal themes; (c) law as art. And yet, if we imagine (as we must) law and the arts as distinct systems, correspondences in their content turn out to be apparent only. This article thus questions the received taxonomies, through a close analysis of the two dedications attached by Flaubert to his novel Madame Bovary. The article concludes: "Law and the Arts" as an interdisciplinary undertaking is better understood as a hybrid of two other titles: Law with Arts, Law vs. Arts, that is, Law and Arts United, Law and Arts in Conflict. [ABSTRACT FROM AUTHOR]

The article discusses the tension between publicity rights and the First Amendment to the U.S. Constitution, along with an overview of the rights of publicity, the various tests applied that implicate an individual's right of publicity, and inconsistencies in the fields of art.

Copyright of Canadian Journal of Law & Society/Revue Canadienne Droit et Societe (Cambridge University Press) is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article offers information on formal method, a current of art history that operated on the premise that the scientific study of art to be based. Topics discussed include historical manifestation of formal method is most closely tied with formalist tendencies in aesthetics; creation of contemporary art history as an independent scientific discipline; and element of visual experience acquire the different connections and meanings as part of an artwork. It also mention about the artistic laws and in painting, space was illusory and was projected onto the surface with the aid of special expressive signs that are drawn on the surface of a painting.