If the owner of a copyrighted work cannot be found, can I use it? It may be possible if you analyze the orphan work properly.
Author - Louis Smoller
Louis Smoller is an intellectual property, commercial, entertainment, and media attorney with over 7 years of experience. His practice involves both transactional and litigation services. Louis has worked hands-on with a wide variety of content creators, new media entrepreneurs, and other creative industry professionals (musicians, photographers, artists, writers, performers, etc.) during his career including representing major digital start-ups, major and independent music labels, publishers, and musicians, event companies, media production companies, marketing companies, art galleries, and sports organization.
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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).
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.