Is Facebook Censorship Legal?
Facebook censorship policy is becoming more prevalent as it attempts to clean up fake news posted to the platform. But how does that affect Facebook users’ right to Free Speech?
Who Own Archaeological Treasures and Artifacts
The treaties and laws around archaeological treasures and cultural heritage sites makes it difficult to know who owns the artifacts from the discoveries.
How Much Money Can I Get from a Copyright Infringement?
Registering your work with the U.S. Copyright Office is the most effective way to ensure you’ll be fairly compensated in a copyright infringement lawsuit
Tactics for Fighting Online Piracy
At some point in any visual artist’s career, they will undoubtedly consider how to protect their work from infringements. Here are some tactics that might help.
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Should An Artist Trademark Their Name?
Your name is a corporate asset with real tangible value, and protecting it is an important business consideration. A trademark may be the answer.
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Removing a Watermark Can Cost an Infringer Up to $25,000
Recently, Google warned of new methods to remove watermarks online. However, those that do so face larger consequences under DMCA laws. Art Law Journal breaks it down.
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Can Street Artists Protect Their Work?
Find out how the Visual Artists Rights Act (VARA) protects public works, like street art, from being altered or destroyed by private land owners.
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Finding Forgeries in the Online Art Market
While forgeries in the online art market are prevalent, art forgeries in the general art market are hardly rare. Art Law Journal reviews what collectors should watch out for, including provenance and appropriate documentation.
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Who Really Owns the Art?: Freelancers or Employers
Many people think if they pay for a creative work, they own the copyright but as you'll see in this article, that isn't always the case.
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Who Really Owns The Art: Creator or Buyer
Buying visual art, such as an oil painting, and we may have joint ownership along with its creator. So what did we really buy?
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Photographers: New Copyright Registration Laws Are Going into Effect
On February 20, The U.S. Copyright Office will alter the way it accepts applications for copyright registration of photographs. Here's what you'll need to know moving forward.
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Understanding Fair Use with a Dr. Seuss and Star Trek Mashup
Comic book publisher ComicMix allegedly created a mashup of a popular Dr. Seuss book with elements of the iconic Star Trek TV series. Here, we discuss the resulting copyright infringement case, and whether a court may find the work permissible under the fair use doctrine.
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These Techniques Can Detect Art Forgery
Art forgery remains a rampant issue within the art market and recent cases serve as a reminder of the need for highly technological tools to combat the practice.
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Who holds the Copyright in AI Created Art
A team of scientists, programmers and historians have created an algorithm that created a physical work of art that mimics the look of a genuine Rembrandt painting. But can a computer generated work have copyright protection?
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Four Reasons Artists Should Hire Lawyers
Artists and lawyers don't have a ton of opportunities to work together, but when it comes to taking your art business to the next level, you're going to want a lawyer in tow. Once you're working as a successful artist, and your name is becoming more and more prolific, there are going to be...
Videographers Must Obtain Music Licensing Rights
For years, videographers have used music as a backdrop in their films, short videos, and documentaries. The law around music licensing is pretty clear: a license is required to use copyrighted music in a video. This has been a standard practice since the dawn of music recordings. Yet, throughout the video industry, we find music...
What the 5 Pointz Verdict Means to Graffiti Artists
The 5 Pointz $6.7 million verdict will set an important precedent for graffiti artists in future cases involving the Visual Artists Rights Act (VARA).
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3 Common Pitfalls to Avoid in a Photography Contract
A photography contract that doesn't consider art licensing rights and work made for hire agreements can have a significant impact on a photographer's business. Here are the common pitfalls photographers need to avoid.
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What to Include in an Art Consignment Agreement with a Gallery
While the end result of an art consignment relationship is mutually beneficial to both parties, it is imperative that an artist and gallery each formalize their art consignment agreement in writing.
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What Artists Need to Know About Net Neutrality Rules
The FCC is considering revoking net neutrality rules, which guarantee fair and free access to content on the internet. Here's what artists need to know about the current net neutrality framework.
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Understanding Copyright: 10 Things You Must Do
Without the protection that copyright law gives artists, it would be difficult to monetize creative work and make a living. Here are ten sound copyright-related practices that every artist should know.
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Court Rules the Subject in an Artwork Doesn’t Hold a Copyright
A new court ruling illustrates how artists can defend themselves against right of publicity claims as copyright holders of their work.
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Using Synthetic DNA to Fight Art Forgery
Ever since humanity has created and sold artistic works or items of aesthetic beauty, there have been art forgers looking to relieve unsuspecting individuals of their hard-earned money. Over the centuries, purveyors of art have maintained a continuous struggle against art forgery, developing ever more sophisticated forensic tools to spot forgeries while, at the...
Tips Before Signing an International Art Contract
Most art galleries participate in art fairs throughout the year. Many of those fairs are international, such as Art Basel Switzerland or the Hong International Art Fair. International art fairs are an excellent way to position your gallery in front of an international audience and capture a new clientele. They are also an incredibly...
What Does Intellectual Property Protect?
Take these two commonly heard phrases: “I need to copyright my slogan,” or “I want to patent my new idea.” Do you know why they are wrong? We break down the differences between IP laws.
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Does the First Amendment Protect Taking Videos of Police?
Motivated by an upward trend in law enforcement overreach, more and more citizens are wondering whether the First Amendment protects their right to record videos of police activity.
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When Do My Angry Statements Become Defamation?
Whenever an artist or writer portrays a living person in an unflattering light, they are likely to receive a letter or angry phone call saying things like “I am going to sue you for defamation” or “you’ll be hearing from my lawyer,” along with plethora of swear words. It sounds pretty serious and scary,...
Do I Need a Fine Art Insurance Policy?
Since most common insurance policies specifically exclude artwork, fine art collectors must consider purchasing a fine art insurance policy to protect their treasured works. Art Law Journal breaks down how these unique policies work.
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How to Protect Your Fashion Designs
Fashion designers face a unique set of challenges in protecting their intellectual property, but new court decisions are providing further guidance for fashion designers and legal practitioners.
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Retrieving Nazi Stolen Art
Retrieving Nazi stolen art is often complex. Usually, a lack of documentation makes provenance difficult to prove.
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Can an AI Machine Hold Copyright Protection Over Its Work?
An AI machine studied folk music notations to create over 100,000 new songs - but can the machine hold copyright protection over a creative work?
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Why Is Copyright Registration Important? Ask Urban Outfitters
Unicolors' ultimate success in suing Urban Outfitters for copyright infringement hinged on one simple act: that Unicolors spent $55 to register its designs with the U.S Copyright Office.
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Is “Fearless Girl” a Derivative Work?
Arturo Di Modica claims "Fearless Girl," a new public art installation on Wall Street, is a derivative work of his "Charging Bull."
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