Buying visual art, such as an oil painting, and we may have joint ownership along with its creator. So what did we really buy?
Author - Steve Schlackman
As a photographer and Patent Attorney with a background in marketing, Steve has a unique perspective on art and law. Should you have any questions on Intellectual Property contact him at [email protected] His photography can be seen online at Fotofilosophy.com or on display at the Emmanuel Fremin Gallery in New York City.
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.
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 being used without a license. We need look no...
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 same time, the forgers find new...
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.
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, but the reality is that it is usually just bluster; defamation suits are not that easy to win...
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.
Etsy copyright infringement by its members is a well-known problem and while it has taken some steps to tackle the issue, what, if any, recourse do content creators have in stopping these infringements?
Let’s start with some advice: Any graphic materials that promotes something; whether products, a businesses, or charitable causes, and the graphics contain images of recognizable people, — always have those people sign a model release. Of course, there are non-commercial uses that may also require a model release, (see When To Use A Model Release) but commercial uses almost...
In his new exhibition, Richard Prince has taken other people's Instagram photos and is telling them for around $100,000 each. Prince claims the works are legal under the fair use doctrine. Is he right? And if not, does it even matter?
About 375,000 visual artists claim to be self-employed yet many don't realize that their personal assets can be at risk. Find out how opening a corporation can help protect you.
Are companies, like Olapic and Candid.io, taking control of images that you upload to social media?