Category Archives: art law

IPSC: Other IP

Posted on August 6, 2015 by rtushnet

Other IP  [Insert wry commentary about “fringe” fields like advertising law]   Sarah Burstein, The University of Oklahoma College of Law Reviving Ornamentality    Fed. Cir. killed the doctrine.  Statute says new, original, and ornamental designs can get a design … Continue reading →

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Copyrighting appropriation art?

Posted on June 12, 2015 by rtushnet

The Jim Crow Museum of Racist Memorabilia has an interesting discussion on the copyrightability of segregation signs.    Q: Does anyone own copyrights to Jim Crow Era segregation signage, such as the famous “Whites Only” or “Colored Entrance” signs?   … Continue reading →

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Appropriation art and sf book covers

Posted on January 9, 2014 by rtushnet

How a Science Fiction Book Cover Became a $5.7 Million Painting: Appropriation art that relies on expanding size, not shrinking compared to the original, for the claim of transformativeness.  E.g., from a program: “[The paintings] are unusual for Brown in … Continue reading →

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The work of art in an age of mechanical demolition?

Posted on November 27, 2013 by rtushnet

Cohen v. G&M Realty L.P., No. 13-cv-05612 (E.D.N.Y. Nov. 20, 2013) This VARA dispute makes some interesting moves on irreparable harm—it’s hard to see why courts are still stuck in “copyright/TM harm is irreparable” given what they’re doing elsewhere.   … Continue reading →

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