Art Law Journal

Author - Nicole Martinez

Nicole is a writer and law school graduate with a dedicated focus and passion for the arts, and a particular interest in Latin American art and history. Nicole has extensive experience working with art galleries and museums in Buenos Aires and Miami, and explores cultural landscapes across the Americas through her writing.

3d Printing
Intellectual Property

Does Copyright and Trademark Law Protect 3D Printing?

3D printing is a relatively new art form is sweeping the internet and worrying designers and Hollywood executives alike. Along with the advent of 3D printing, a steady stream of piracy and copyright infringement cases have been reported by industry honchos. Whether you’re supportive of this new innovation or struggling to protect your own 3D designs, you may want to consider getting to know...

copyright in student work
Intellectual Property

Can a School District Claim Copyright in its Student Art?

A Maryland school district recently implemented a very controversial policy claiming that the creative work of its student is School property, not owned by the student creator.  Is such a policy legal? Generally, copyrights are held by the creator or creators. With respect to minor students, traditionally they would own the copyright in their work whether their work is an original story, a...

Posting an Internet Meme? You May Receive a Getty Infringement Letter
Intellectual Property

Posting an Internet Meme? You May Receive a Getty Infringement Letter

Memes have proliferated the internet since the dawn of social media. An image, usually taken entirely out of context, is paired with witty, often sarcastic banter whose only goal is to make you laugh. But did you know that there are often art licensing issues surrounding the use of top internet memes, and that you may have to be prepared to make a fair use argument if the owner of the images...

Artist Multiples
Attribution & Integrity

Art Dealers Should Make Full Disclosures When Selling Artist Multiples

New York’s Art and Cultural Affairs Law offers some pretty extensive protections to purchasers of artist multiples, defined as any fine print, photograph, sculpture cast, collage, or similar art object produced in more than one copy. It’s important for dealers and buyers alike to understand just what those are in order to have greater negotiating power in transactions. Take the...

Why Copyright Infringement is Hard to Prove for Artists

Why Copyright Infringement is Hard to Prove for Artists

As recently reported by Blount Art Info, it appears that celebrated neo-expressionist artist Cecily Brown may have a copycat. Or at least, that’s what she’s alleged via Instagram, where the artist denounced that a lesser-known painter had hawked her work and used a clever app to create almost identical images to some of Brown’s recent works. Claiming that California artist Sherie Franssen copied...

Intellectual Property

Model Citizens and Protected Images: Work-for-Hire and Right of Publicity

Last week, we discussed model releases, and an example concerning a model whose image was being used by a company in a more liberal manner than what had originally been agreed upon by the model and the company. You may recall that in this instance, the model had signed a contract with a fashion company, as well as a model release with a photographer. We discussed the reasons why it’s...

Getting Model Release
Intellectual Property

Model Citizens: Protecting Images with a Model Release

Though the modeling industry is widely known as a grueling, cutthroat business with impossible standards of beauty and few chances for success, those models that do make the grade enjoy extremely lucrative careers. It’s no secret that Giselle banks more bucks than her football-tossing husband, despite Brady’s contract and endorsement deals. To the general public, it seems like very...