Case study of The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith litigation.

There is a consensus that Andy Warhol originated the saying, “Art is anything you can get away with.” However, further research shows that Warhol may have borrowed that quote from Canada’s media theory philosopher Marshall McLuhan.…

Online non-fungible token (NFT) marketplace OpenSea recently collaborated with a popular decentralized autonomous organization (DAO), Friends with Benefits (FWB). As part of the project, OpenSea commissioned ten contemporary artists, who are members of the DAO, to create “phygital” (i.e., physical and digital) artworks that were featured on the marketplace’s homepage. The artworks were displayed both…

The Ninth Circuit reversed a lower court’s decision in an action seeking recognition of a French money judgment for copyright infringement involving photographs of Pablo Picasso’s artworks. The lower court found that the French money judgment was not enforceable due to fair use. The Ninth Circuit found that various factors weighed against the fair use…

“Stay safe out there, anything too good to be true is a … scam.” Beeple, a popular digital artist, tweeted to his followers, addressing the phishing scam that took place on May 23, 2022, targeting his Twitter account. The attack reportedly resulted in a loss of more than US$400,000 in cryptocurrency and NFTs, stolen from…

Jeff Koons Defends Copyright Infringement of a Sculptural Work, Claiming “Useful Article” Defense and Fair Use
In 2021, set designer Michael Hayden sued appropriation artist Jeff Koons for copyright infringement arising out of Koons’s use of Hayden’s 1988 sculpture in a 1989 series of artworks titled Made in Heaven. The original sculpture, depicting a serpent…

Street artist Alessia Babrow has sued the Vatican, alleging that the Philatelic and Numismatic Office of the Vatican City State copied her artwork without her permission and reprinted it as a stamp. The art was a painting of Jesus by nineteenth-century artist Heinrich Hofmann, to which Ms. Babrow had added the slogan “just use it.”…

UNITED STATES
Frieze Art Fair Reopens for In-Person Attendance
The Frieze Art Fair, relocated from Randall’s Island to the Shed in Manhattan, was praised by participants and attendees for its seamless install and organization, with timed entry allowing galleries and guests more time to connect.…