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.

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
Litigation

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...

model
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...

Fair Use  of Copyright Images in Your Blog
Intellectual Property

Fair Use of Copyright Images in Your Blog

Today’s artists and creative entrepreneurs use blogging as a necessary tool to demonstrate thought leadership and capture a dedicated audience and internet following. For artists and photographers, finding photos aren’t usually a problem – they’re just using their own. But what about lifestyle, fashion, and food bloggers, who tend to rely on pop culture images and other media as...

How Fast Fashion Retailers Built Billion-Dollar Businesses by Stealing Designs
Intellectual Property

How Fast Fashion Retailers Built Billion-Dollar Businesses by Stealing Designs

Design lovers and fashion darlings have long turned to fast fashion brands to supplement their wardrobes with pieces that are distinctly high fashion at a far lower price point. And when it comes to looking like you’ve stepped fresh off the pages of Style magazine, no one does it better than Zara, a company whose rapid expansion and emergence as one of the world’s major retailers has...