Copyright: A Primer
This exciting guide to IP entitled, Copyright: A Primer, was prepared by the Bryan Cave Intellectual Property Team. We hope it's helpful.
Troy Klyber
Troy Klyber, lawyer at the Art Institute of Chicago, has written a terrific blog post about an odd (and sad) impact on artists who put a copyright notice on their work in the olden days as the law required. I sat on a speakers' panel with Troy. He is one of the leading practical thinkers at the intersection of art and copyright.
Art Crime: The Fine Art of Deceit
Pablo Picasso once proclaimed, "we all know that art is not truth." When it comes to the world of fine art these days, truer words may have never be spoken.
Thanks to advances in global communication and technology, fine art forgeries have become big business. Currently, the FBI estimates that art theft, fraud, looting, and trafficking across state and international lines is a "looming criminal enterprise with estimated losses running as high as $6 billion annually." Indeed, crimes against art have become so popular that the FBI has a dedicated "Art Crime Team" comprised of 13 Special Agents responsible for investigating art crime and bringing criminals to justice.
Jeanne-Claude
We mourn the passing of our client and friend Jeanne-Claude, co-artist of The Gates, Central Park, New York City, 1979-2005; Wrapped Reichstag Berlin, 1971-95; Surrounded Islands, Miami, Florida, 1980-83; and many other works of art and genius.
Photography, Copyright, and "Derivative Works"
Mark Twain channeled the frustration of many artists when he wrote, “Only one thing is impossible for God: To find any sense in any copyright law on the planet.” One such frustration is the realm of derivative works. Artists understand that all art is ultimately derivative. For example, Ernest Hemingway wrote, “All modern American literature comes from one book by Mark Twain called Huckleberry Finn.”
But copyright law takes a narrower view, defining “derivative work” as “a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.” 17 U.S.C. § 101.
WHY SHOULD I INSURE MY ART?
By Hope Wolman of Insurance Office of Central Ohio
There are many reasons, and these apply not just to art, but to silver, jewelry, musical instruments, wine and many fine things. We like to think about caring for your art and fine things, just like caring for your home. These things have significant value, and need a bit of attention. For our purposes today Coco, I will just address art.
1. Most policies have limits on what you can recover for certain classes of property. Any many policies have exclusions for the breakage of fragile articles. So if you spend money on buying art, you want it protected; you don’t want to have a loss that is unrecoverable. Moreover, insuring certain art often costs less than insuring general contents.
Proof that a Collector's Eye is Still the Best Tool for Finding Hidden Treasure
Beyond the obvious artistic coup of obtaining another classic work, the recent discovery of a portrait which may be a lost Da Vinci painting raises an interesting point. When analyzing the painting before deciding to buy it, Peter Silverman, the art collector who purchased the painting, found the work to be exquisite and something beyond the norm. It doesn't take a skilled art lab technician to recognize talent (especially considering it took no less than four types of technology to uncover elements that pointed to Leonardo's hand). It just takes an enjoyment and appreciation of great artistic works. Of course, purchasing a renaissance painting does not guarantee a windfall of discovering a potential Da Vinci, but art collectors should remember to trust their guts.
And, if nothing else, this certainly shows that every now and then a $19,000 investment in a beautiful painting can get you 15 minutes of fame... and about $149,978,150 in added value.
The Delicate Issue of Provenance
Guest Blogger: Rebecca Korach Woan
"Just because you bought it doesn't mean you own it."
-Lawrence Shindall, CEO, ARIS Corporation
The heightened sensitivity surrounding the provenance, or ownership history, of valuable works of art is a relatively recent phenomenon. While provenance and the related but distinct issue of legitimate title have always been factors in the assembling of art collections it was only in 1998 that the Association of Museum Directors issued guidelines for museums to first determine the provenance of their works to the best of their ability, and then to disclose it.
This was followed a year later by a similar directive from the American Association of Museums. These directives made particular reference to art that had changed hands during the World War II era (1933- 45), a time when looting and theft of artworks by regimes and individuals reached unprecedented levels of scale and value. Also highlighting this relatively recent attention to provenance was the formation in 1998 of the Presidential Advisory Commission on Holocaust Assets, which published its final report in 2000. Provenance alone does not tell the whole story. Good title is spoiled by theft, which includes the "forced sales" that occurred during the Second World War.
Friday Photo From Charles "Teenie" Harris
Charles ("Teenie") Harris was a photographer in mid- 20th Century Pittsburgh, who chronicled life, big and small. His work was exceptional. Carnegie Museum owns the rights to all of Mr. Harris’ works. You can see their extraordinary collection here. We post a photo from the collection of Charles Harris here on our art law blog every Friday. We provide these with the permission of Carnegie Museum of Art, Pittsburgh. Let us know what you think.
A portrait of jazz singer/actress Lena Horne seated in an armchair, and surrounded by roses. Possibly taken in one of the back room of the Stanley Theatre.
Lena Horne at the Stanley Theatre, c. 1944
Copyright Myths Debunked
Over lunch the other day, a coworker asked whether it was true that there was no need to register work with the Copyright Office as long as you put it into an envelope and mail it to yourself. Gazing past the rigatoni stuck in his teeth and focusing on the question, I realized that I had heard it before. Many times before. "So what's the deal?" he asked, "Is it true or not?"
The answer is ... buried in the following multiple-choice test.
New Bill Attempting to Re-Invigorate Art Gifting
The Wall Street Journal has an update on a proposed bill in the Senate (Schumer - NY) to revive tax incentives for fractional gifting of art to museums. Read the article here. Senator Schumer's proposed bill can be read here.
Stay tuned.
A related note: Earlier in the year, Senator Schumer introduced a bill to permit deductions for works of art donated to charities - if (among other requirements) you can get an appraisal. This bill was introduced in February and sent to committee. Until (or if) it's heard from again, you can read this bill here.
Friday Photo From Charles "Teenie" Harris
Charles ("Teenie") Harris was a photographer in mid- 20th Century Pittsburgh, who chronicled life, big and small. His work was exceptional. Carnegie Museum owns the rights to all of Mr. Harris’ works. You can see their extraordinary collection here. We post a photo from the collection of Charles Harris here on our art law blog every Friday. We provide these with the permission of Carnegie Museum of Art, Pittsburgh. Let us know what you think.
Members of the Nimrod Hunting Club with strung up deer.
Copyright 2006 Carnegie Museum of Art, Pittsburgh
Friday Photo From Charles "Teenie" Harris
Charles ("Teenie") Harris was a photographer in mid- 20th Century Pittsburgh, who chronicled life, big and small. His work was exceptional. Carnegie Museum owns the rights to all of Mr. Harris’ works. You can see their extraordinary collection here. For as long as we can, we will provide a Friday photo from the collection of Charles Harris here on our art law blog. We provide these with the permission of Carnegie Museum of Art, Pittsburgh. Let us know what you think.
@2006 Carnegie Museum of Art, Pittsburgh. Woman powdering her face before a mirror.
Continue Reading...If You Post Your Works on Social Networking Sites, Pay Close Attention to Your Privacy Settings Options
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Recently, a Nevada photographer found that social networking privacy settings may not seem so cool. She found a photograph of hers she had posted to her profile used in an ad by a sunglasses company she had never heard of. Although this may seem like blatant infringement (as she thought), whether it is may depend on permissions you give to third parties without even knowing it.
The web has been abuzz recently about this issue (a popular example being a husband whose wife’s picture popped up for a dating site ad), and the sites and advertisers have been pointing the fingers at each other. Regardless, artists should be particularly mindful of the risks and benefits posting pictures may create—and that means clicking on and actually reading those links at the top or the bottom of home page entitled "Privacy" or "Settings" or "Terms of Use."
Continue Reading...Art Theft is Organized Crime with Flair and Texture
You probably read that you can get a Masters in art crime (if not, you can read it here) Law school instructor and fellow art law blogger Derek Fincham wrote an excellent letter in response, estimating that:
If we were to collect all of the stolen works of art into one museum, that museum of art theft would easily eclipse the Met or the Louvre or any of the World’s great museums.
Alas, he NY Times didn’t publish it, but you can read his response and letter here.
