Judge Oetken of the S.D.N.Y. issued his Biro v. Condé Nast opinion. J. Oetken granted The New Yorker and Grann’s motion to for an order finding Biro to be a public figure, as well as their motion for judgment on the pleadings, and granted the remaining defendants’ motions for dismissal for failure to state a claim. Notably, the claim against Gawker Media was dismissed as time barred, the statute of limitations is one-year in New York. J. Oetken reiterated that, under the single publication rule, a story’s continued presence online does not affect how time accrues. Additionally, J. Oetken determined Biro met all four prongs of the Lerman test, constituting as a limited purpose public figure. Thus, in order to survive dismissal, Biro’s complaint had to sufficiently plead actual malice (“a term of art denoting deliberate or reckless falsification [J. Oetken, 30]). The opinion heavily referenced the affects of the “Twiqbal” standard on defamation actions, as well policy concerns for First Amendment rights. In the end, Biro could not surmount the heavy “actual malice” standard. Check out additional coverage here and here.
Christie’s has confirmed they will assist in appraising the Detroit Institute of Art’s collection. Although the museum will cooperate, they have reiterated their belief in the Attorney General’s statement that the collection is a charitable trust which cannot be sold as part of a bankruptcy proceeding. So, then why is Christie’s being paid $200,000 for their appraisal services? In any case, even though the city is an economic sinkhole, its art scene is flourishing according to the New York Times.
This week has seen a few different copyright lawsuits:
Music publishers sued Fullscreen, one of the largest suppliers of videos to YouTube, after a breakdown in licensing negotiations.
A federal judge in Manhattan refused a motion by Arrow Productions to block the release of the movie “Lovelace,” alleging that the movie contains unlicensed footage.
Lastly, a Court of Appeals judge for the 9th Circuit ruled that Green Day did not infringe on the rights of a street artist when they incorporated his art work into their video backdrop.
A Manhattan doctor bought a deserted island off the Keweenaw Peninsula, MI then put a conservation easement onto the property and started an artist’s colony.
Also, BUY LOCAL. Local art that is, apparently community supported art organizations are springing up everywheeeeeeere.
Fordham Art Law Society {FALS} 