Artists or Vandals? Why Graffiti Art Receives Less Protection than Other Forms of Art and How Federal Law Should be Changed to Protect Graffiti Artists

This article analyzes whether current U.S. intellectual property law can protect street art from being copied, removed, sold, or destroyed without the street artist’s consent and proposes that copyright law should expand to specifically include graffiti law to ensure protection of outdoor street art, so as to avoid any confusion about its status as protectable art. In addition, the Visual Artists Rights Act of 1900 definition of “recognized stature” should be more clearly expressed to protect graffiti art.

A Tale of Two Buildings: A Case of Architectural Copyright Infringement in China

by Guest Blogger Nadia Kashem [Editor’s Note: Nadia Kashem is a first-year law student at Fordham University School of Law and former architectural student of The Spitzer School of Architecture at The City College of New York]. “Imitation is the sincerest of flattery,” Charles Caleb Colton once wrote.[1] For Zaha Hadid, this flattery came inContinue reading “A Tale of Two Buildings: A Case of Architectural Copyright Infringement in China”

#TheNewWhitney

By Laura Zaharia We recently started a new academic year—a new beginning, a chance to start out fresh. As I thought about fresh starts in the art community for my very first blog post, the Whitney Museum of American Art immediately came to my mind. The museum opened the doors to its new home inContinue reading “#TheNewWhitney”

Art Law Community Mourns Loss of Two Luminaries

By Guest Blogger Steffanie Keim [Editor’s Note: Steffanie Keim is a Candidate for Doctor of Juridical Science ‘2018 at Fordham University School of Law, as well as FALS’ SJD Liason. Her research focus is restitution of Nazi-looted art.] This summer the art law community mourns the loss of two of its luminaries within one week:Continue reading “Art Law Community Mourns Loss of Two Luminaries”

Discovering Art Law & the Opening of A New Academic Year

Elle Davis, Vice President of FALS and second year law student, is a complete novice on the topic of art law. Her journey began her senior year as an undergraduate at University of Florida. Because she completed her required courses her junior year, she used her extra elective space for exploring art. She dove inContinue reading “Discovering Art Law & the Opening of A New Academic Year”

When Pigskin and Paint Collide in the Courts

The Hollywood Reporter’s entertainment law blog “ESQ.” fills us in: the 4th U.S. Circuit Court of Appeals on Tuesday protected the National Football League and the Baltimore Ravens from an artist who had once convinced a judge that the team had infringed upon his design to create the Ravens’ old logo.  

All is Fair in Love and Art?

An odd love triangle among three glamours legends: Ryan O’Neal, Farrah Fawcett, and Andy Warhol.  The issue: who owns a $12 million pop art portrait when the relationship is on-and-off, and the University of Texas claims it was gifted to them in a trust?  O’Neal and the school are duking it out in a juryContinue reading “All is Fair in Love and Art?”

Looters Ahead

Otto Dix painting, sourced from WikiMedia The trove of Nazi-era art of previously unregistered works by Marc Chagall, Otto Dix, Max Liberman and Henri Matisse found in an apartment last March has presented some interesting legal questions.  There are a few layers of shady, potentially criminal, activity at work here, the initial Nazi-looting and thenContinue reading “Looters Ahead”

In which I make enemies with the 5Pointz Collective…

Image courtesy of John Roleke at About.com The street art collective 5Pointz won a stay of execution (restraining order) freezing the building owner’s demolition preparations.  It’s all over the news: here, here, here, etc.  Lawyers for the collective centered their arguments on a clause from the Visual Artists Rights Act of 1990 (VARA), which allows certainContinue reading “In which I make enemies with the 5Pointz Collective…”