Some predict the new $50,000 fine for unauthorized clicking — and the law’s provision allowing suits against publications that have knowingly run the photos — will have a chilling effect on news gathering [WSJ Law Blog, PI Newswire]
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Posts tagged as:
art and artists
- Uh-huh: new report from federal Legal Services program calls for gigantic new allocation of tax money to, well, legal services programs [ABA Journal]
- “Judge: Man’s a ‘vexatious litigator’” [Cincinnati.com]
- Wisconsin governor signs bill requiring prescription to buy mercury thermometer [Popehat]
- “Injured by art?” Woman sues Museum of Fine Arts Houston after fall in artist-designed light tunnel [Mary Flood, Houston Chronicle "Legal Trade"]
- On Carol Browner and the cry of “environmental racism” (a/k/a “green redlining”) [Coyote]
- New York: “Lawyers implicated in $9 million mortgage fraud” [Business Insider]
- In Canada, as in the U.S., medical privacy rules hamper police investigations [Calgary Herald]
- Stalin’s grandson loses lawsuit in Russia against newspaper that supposedly defamed the dictator [WSJ Law Blog, Lowering the Bar, Volokh]
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Barb Dybwad, Mashable: “The proposed law comes from French MP Valerie Boyer and is inspired by a recent report she authored on anorexia and bulemia. She points to the deterimental effect that unrealistic body images can have on adolescents.” More: Jacqui Cheng, Ars Technica; Ken at Popehat (UK’s Liberal Democrats promote similar ban for some ads).
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The sculptor of the artwork on prominent public display in New York’s financial district sues a book publisher and authors who used a photo of it on their cover [John Carney, Business Insider]
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This fall’s proposed European ban on incandescent bulbs, barbed with $70,000 fines, apparently makes no allowance for the upkeep of “works that take the lightbulb as a primary material, such as Laszlo Moholy-Nagy’s Light-Space-Modulator, which uses 140,” among works by Rauschenberg, Olafur Eliasson and a long list of other well-known artists. Another unpleasant effect on the art world will be to constrain the way installations can be lit, even if curators and others believe particular works are best served by incandescent illumination. [ARTINFO.com via Andrew Hazlett]
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At PoL, Michael Krauss comments on the latest stage in the appeal of Christoff v. Nestle USA, the $15.6 million award over using a model’s photo on a coffee label without ensuring the proper permissions were in place. Earlier here and here. More: Lowering the Bar.
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- The customer who couldn’t be stopped? “Family of car salesman killed in 90 mph test drive gets $13M” [Obscure Store]
- Arizona bar disciplinary authorities move toward possible suspension for two high-volume consumer lawyers [ABA Journal]
- Trial begins on claim U.S. Army Corps of Engineers liable for Katrina levee breaks [John Schwartz, New York Times]
- Always good for copy: now Jack Thompson is riling Utah lawmakers [GameSpot]
- America’s Most Irresponsible Public Figure® (that’d be RFK Jr.) is now blasting Obama [Brian Ross, ABCNews.com "Blotter" via ShopFloor]
- “Burning of Surreal Boat Sparks $1M Artists Rights Suit” [Heller/OnPoint News]
- Nice profile of author Philip K. Howard [The New Yorker] And a big spread from the Examiner’s Quin Hillyer including a Howard profile, some tidbits on Washington politics and why overly legalistic schools can’t teach.
- Law firm of Dewey, Cheatham, & Howe moves into Somali pirate defense [satire, h/t @trafficcourt]
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As the Blog of Legal Times and ABA Journal note, the D.C. Circuit has upheld an order that Washington, D.C. art dealer and attorney Robert Fastov pay more than $630,000 to compensate Christie’s, the auction house, for meritless litigation aimed at extracting a settlement on an untenable claim. In a summary judgment order last year, the trial judge cited Fastov’s “well-documented proclivity in this case to engage in obstructionist litigation tactics” and ordered him to pay fees: “a greedy individual, with the advantage of a legal education and a claimed litigation experience, has initiated and maintained this lawsuit, which anyone with a modicum of common sense would have realized was without merit.”
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The lawsuit says high-ticket art sold in a boutique at MOCA (L.A.’s Museum of Contemporary Art) was in fact repurposed material from Murakami’s handbag line. Who got fooled by whom in the episode, however, is open to doubt.
“My argument is that moral rights laws endanger art in the name of protecting it”. [Amy Adler (NYU Law), 97 California Law Review (Feb.) (PDF), via ConcurOp] The best-known American application of the moral-rights concept in art is the Visual Artists Rights Act of 1990, which (among other provisions) gives visual artists a right to sue in some circumstances if later lawful owners of their artworks alter or destroy the works.
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- Driving through town of Tenaha, Texas? Might be better to get accosted by the robbers and not the cops [San Antonio Express-News via Balko, Hit and Run]
- Location-tracking Google Latitude application could pose liability problems for unwary employers [PoL]
- EMTALA law obliges hospital ERs to treat many patients. OK, so how about ELRALA next, for lawyers? [White Coat Rants]
- New Jersey judge dismisses defamation suit by three women whose picture appeared in book “Hot Chicks with D-Bags” [Smoking Gun, earlier here and, relatedly, here] More: Taranto, WSJ “Best of the Web”, scroll.
- Myrhvold, often assailed as patent troll, sponsors quote/unquote neutral Stanford study of patent litigation [MarketWatch]
- Some thoughts on much-publicized tussle between Associated Press and Shepard Fairey over Obamacon photo [Plagiarism Today]
- Creative uses of immigration law: get that little homewrecker deported [Obscure Store]
- More than a few real estate lawyers were “hip-deep in mortgage fraud”. Will they tiptoe away? [Scott Greenfield]
- Roundup on the awful Employee Free Choice Act [PoL]
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The tedium of legal process can provide the occasion (and sometimes also the inspiration) for creative efforts that transcend the doodle form. (Techotic, gallery at Anne Reed’s Deliberations).
Uh-oh: it appears the most famous American political artwork to come along in decades, Shepard Fairey’s Obama poster, was made without notice to or permission from the photographer who snapped the original image on which it was based. (Prawfsblawg, A Photo Editor).
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Humor, from The AppleOnion (Nov. 27).
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Spot the antecedent of “her” in this lead paragraph from SixShot.com:
A New York judge yesterday (September 22) dismissed a lawsuit filed against Sean ‘Diddy’ Combs and Vibe Magazine over a picture that showed her topless at a party hosted by the Bad Boy mogul.
It reads as if “her” would have to refer to “judge”, but not so: it was hedge fund manager Maria Kristina Dominguez who sued the magazine and music celebrity. The judge threw out her suit, ruling that the “photo was related to newsworthy issues of public interest and Dominguez had no right of privacy while cavorting topless”. More on flasher’s remorse here, etc.
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“For the graffiti artists, copyright cases are a common problem. ‘It is very disappointing that copyrights of our work are often not respected’, [says German graffiti artist CanTwo,] who received damages from a music label using one of his pieces illegally some years ago. ‘Strangely enough, but people think that because our work is public and it is sometimes illegally painted, they could use it any way they want.’” (Markus Balser, WSJ Law Blog, Sept. 9).
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A Southfield, Mich. company named Park West has made a big business of conducting art auctions on cruise ships offshore, while leaving more than a few dissatisfied customers in its wake. Fine Art Registry, a subscriber website founded by Theresa Franks, has published some of those customer complaints as well as original articles warning of Park West’s practices. “In April the company sued Ms. Franks; Fine Art Registry’s lead writer, David Phillips; and a Dalí specialist that the site quoted, Bruce Hochman, for defamation.” And as so often proves to be the case when a business reacts to criticism by suing its critics, the suit has if anything stimulated further press curiosity about the business’s practices. (Jori Finkel, “Art Auctions on Cruise Ships Lead to Anger, Accusations and Lawsuits”, New York Times, Jul. 16). More: Donn Zaretsky, Art Law Blog.
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An Italian pornographic movie star/politician who was formerly married to wealthy American artist Jeff Koons is back in court with a child support demand, a decade after the two carried out an extraordinarily acrimonious and hard-fought custody battle over their son, now 15. In the course of losing that battle Koons spent $4 million on legal fees, “some of which he later challenged unsuccessfully. Among Koons’ complaints was his lawyers charged him for time they spent watching his ex’s porn films, one of which famously includes” a scene rather too raw for description on this blog involving a reptilian co-star. (Dareh Gregorian, “Porn Star Sues Papa To Pay Up”, New York Post, Mar. 27).
