You’d think if anyone owned the phrase, it would be Her Majesty’s Government or, failing that, the bookselling couple in the North of England who brought the W.W. II-vintage poster back from obscurity. But one former TV producer has different ideas, and would like to own the rights. [CBS News (autoplays; I've removed the previously embedded video because I couldn't disable autoplay); earlier]
Posts tagged as:
art and artists
The cultural institution doesn’t make clear enough to visitors that its admission donation is only recommended, according to the lawyers [NY Daily News]
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…there is one item in the collection [of the late New York dealer Ileana Sonnabend], a work by Robert Rauschenberg that cannot be sold. It contains a stuffed bald eagle and under the terms of the 1940 Bald and Golden Eagle Protection Act and the 1918 Migratory Bird Act, it is a felony to “possess, sell, purchase, barter, transport, import or export any bald eagle — alive or dead.” The estate, advised by three experts, including one from Christie’s, therefore, valued the work at zero. The IRS decided it was worth $65 million, and is demanding $29.2 million in taxes and $11 million in penalties because the heirs “inaccurately” stated its value.
[John Steele Gordon, Commentary on NYT reporting; Popehat]
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The famous artist, known for his portrait mosaics composed of tiny pictures, has threatened legal action against Scott Blake, a man who came up with a Photoshop plug-in that allows the user to create similar tiled portraits. Blake wrote this in response [Salon via Doctorow, BoingBoing]
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The New York Times explores an issue we’ve covered several times in this space.
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Locked in litigation with the Associated Press over whether his famous poster improperly infringed on the copyright of the news photograph on which it was based, Shepard Fairey did not conduct himself well. According to U.S. Attorney Preet Bharara, Fairey “went to extreme lengths to obtain an unfair and illegal advantage in his civil litigation, creating fake documents and destroying others in an effort to subvert the civil discovery process.” [AP]
The Art Newspaper takes up a trend we’ve noted before in this space:
In New York, the art lawyer Ronald Spencer, of Carter, Ledyard and Milburn, agrees with Sanig. “This is a very serious problem. Specialists are often academics earning $100,000 [or less] a year and they can’t afford litigation they are fearful of being a defendant in a lawsuit, even if they should win.” He admits that there are more of these cases in the US: “It’s a cliché, but we are more litigious here.” He says that the US system, whereby the plaintiff does not have to pay the legal fees of the successful defendant, encourages this.
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Highly regarded art scholars are keeping mum, or communicating only cryptically, regarding their doubts as to the authenticity of claimed works by French master Edgar Degas. Why? They’re afraid of being sued:
Unfortunately, such silence is not an isolated incident but part of what seems to be a growing trend nationwide among art experts, where fear of litigation seems to be stifling open, honest and constructive debate. Also keeping much quieter than they should on the matter of the Degas sculpture market are organizations such as the Association of Art Museum Directors, the Art Dealers Association of America, the American Association of Museums and the College Art Association.
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The story everyone’s talking about: if you wanted a definitive example of the dangers of overbroad “cyber-stalking” statutes, here you go. [WSJ Law Blog, Balko, Volokh, Reason, Popehat]
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Oh, what an expensive bet on “fair use” that idea for album art turned out to be [Andy Baio, waxy.org via @petewarden]
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Evil Twin Comics:
Get ready for non-stop action, action, action — LEGAL action, that is! The incredible, insane true story of the American comic book industry continues with the ALL-LAWSUIT ISSUE! DC vs. Fawcett! Disney vs. the Air Pirates! Jack Kirby vs. Marvel over his stolen artwork! Steve Gerber over Howard the Duck! Don De Carlo over Josie and the Pussycats!
["Comic Book Comics #5" via THR Esq. and Lowering the Bar]
- Artist Jeff Koons drops his lawsuit against maker of resin balloon dogs [Legal Blog Watch, BoingBoing, earlier]
- The car pile-up happened fast, the come-ons from lawyers and chiropractors were almost as speedy [Adler/Volokh]
- Andrew Thomas update: former Maricopa County Attorney intends to sue former bar president and ethics investigators [ABA Journal, Coyote]
- Litigation finance: “Poker Magnate, London Firm Bankroll Chevron Plaintiffs” [Dan Fisher, Forbes] Case for champerty pleaded before ethics commission [Podgers, ABA Journal] The experience in Australia [Karlsgodt]
- Judge: Kansas City stadium mascot hot dog toss suit can go to trial [OnPoint News, earlier]
- How National Enquirer matched wits with John Edwards to expose scandal [David Perel, HuffPo] More: Justice Department building a case? [AW]
- “The Whooping Cough’s Unnecessary Return” [Paul Howard/Jim Copland, City Journal] Theodore Dalrymple reviews new Paul Offit vaccine book [same]
- Many trial lawyers yank funding from Ralph Nader operations in pique over his role in depriving Al Gore of White House victory [ten years ago on Overlawyered]
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It draws a lawsuit in France from the holder of the rights to the notorious killer’s famous 1960 photo. [The Sun, U.K.]
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Although balloon dogs existed long before artist Jeff Koons began doing showy steel replicas of them for museum installations, his lawyers have sent a cease and desist letter to a gallery over its sale of resin bookends in the form of the canine inflatables [L Magazine]
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- Upside-down logic of Supreme Court’s Comstock, Graham cases: imprison youthful offenders for life only if they haven’t had protections of formal trial [Popehat, Pilon, Shapiro, Volokh, Pattis] Kennedy returns to use of international “consensus” as guide in constitutional interpretation [Shapiro, Bader]
- Connecticut AG Richard Blumenthal, noted scourge of misleading ad promotion (as in the Sony ghost blurber case), falsely claimed Vietnam service [Raymond Hernandez, NY Times] Cf. the curious “Harvard swim captain” claims investigated by Chris Fountain. More: AllahPundit.
- Louisiana politico Theriot: my suit against online critics is meant not to shut anyone up but to pick up useful tips on governance [Times-Picayune, Jefferson Report, Volokh, NY Times]
- South Carolina juries not allowed to hear evidence about seat belt use in car crashes [Pero]
- More links on “Lady KaGa” Supreme Court nomination [Cato at Liberty, Ted at PoL]
- Risk of “minor” injuries may result in end to Naval Academy tradition of stunt climb [John J. Miller, NRO]
- “Art of the Steal,” documentary on epic battle over donor intent in case of suburban Philadelphia Barnes collection [Kauffmann/TNR, L.A. Times, CultureGrrl/ArtsJournal]
- “Why Good Intentions are Often Not Enough: The Potential for Ethical Blindness in Legal Decision-Making” [Kath Hall (Australian National University), SSRN via Andrew Perlman, Legal Ethics Forum]
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Mike Hipple took photos of Dance Steps on Broadway, a public art installation on sidewalks in Seattle’s Capitol Hill neighborhood. The photos earned him $60 and now a lawsuit from sculptor Jack Mackie. [KOMO]
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- Already-infamous Coakley-for-Senate rape-ad mailer: did they really line up all those photo permissions? [Lopez, NRO] Earlier on photo-permissions legal exposures here, here, here, here, here, here, here, etc.
- “Maricopa County Attorney Andrew Peyton Thomas: Blame the Libertarians!” [Balko, earlier]
- Georgetown lawprof Robin West takes such a rude tone with homeschoolers, it’s enough to make you wonder who brought her up [Common Room, Izzy Lyman/Big Journalism, "The Harms of Homeschooling" (PDF)] Parents charged with child endangerment for homeschooling their kids without submitting lesson plans [Albany Times-Union]
- Videogames and the ADA: “Sony Launches Defense to Gamer’s Equal Access Suit” [OnPoint News, earlier]
- Regulations may spell end for independent New England fishermen [AP/MSNBC, earlier]
- Veteran California pol Willie Brown criticizes civil service entrenchment [Kaus] Government employment has its privileges [Stuart Greenhut, Reason]
- New Jersey appeals court reverses $260K award over student’s fatal window fall at Fairleigh Dickinson U. [Star-Ledger]
- Georgia federal judge orders plaintiff to pay $268K costs of discovery for stretching patent claims [Fulton County Daily Report]
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On Tuesday night, I received an aggressive and threatening letter from Martin Singer, Demi Moore’s attorney. It is marked “Confidential Legal Notice – Publication or Dissemination is Prohibited”. However, since Mr. Singer and I have no confidentiality agreement, and it provides essential context to the matter at hand, I have decided to publish it.
Citrano’s original post on Boing Boing discussed evidence that a Vanity Fair cover photo of the actress had been retouched. Now Boing Boing reports that it too, as well as other blogs such as Jezebel, have received nastygrams from Singer, and responds with new evidence on the retouching question. And it adds:
Yes, the discussion at hand is only about an image of a celebrity on the cover of a fashion magazine. But the ability to freely discuss the provenance and technical history of a photo, including those with more crucial news value — say, images of detainee abuse, or Iranian missiles — is a freedom we believe should be preserved.
On the Lavely & Singer firm’s “don’t you dare print this nastygram” demands, see, e.g., this earlier post. More: Scott Greenfield.
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