Below are links to some of the news stories and book reviews related to law and the arts that have caught my attention so far this month.
A group of origami artists is suing Sarah Morris claiming that her series of paintings based on origami crease patterns constitute copyright infringement. The suit was launched in U.S. federal court in April, but it received fresh attention this week with an article in the Guardian and posts on a number of IP and art law blogs (The 1709 Blog, Art and Artifice). The Guardian reports that the plaintiffs allege “Morris copied their origami crease patterns, changed the colour scheme and then sold and exhibited the works without obtaining permission and crediting them,” and that she has thereby “‘created confusion’ over the authorship of their designs and damaged their professional reputations.” Morris is expected to base her defense on fair use. Her lawyer is reported to have told the Art Newspaper: “It’s hard to imagine a clearer use of transformative fair use.” Click here to see excerpts from the complaint including several exhibits that set the plaintiffs’ crease patterns alongside Morris’s paintings (as in the illustration above).
Two years ago, the unveiling of a previously unknown collection of paintings, drawings, letters, and ephemera purported to be the work of Frida Kahlo was met with charges that “all of the documents and works in [the collection] are fakes.” Now, the L.A. Times reports that in a decision rendered last year but only reported last week, “a Mexican court has ruled that opponents have failed to prove their claim that the collection is bogus.” This ruling does not establish the authenticity of the collection, but it paved the way for its owners to “[file] ownership papers or the material [...] with Mexico’s Public Registry of Copyrights” and to begin to “[consider] exhibition options.”
A California federal judge has decided in favour of photographer Glen E. Friedman in his copyright suit against Thierry Guetta (“Mr. Brainwash”). Guetta argued that his work based on Friedman’s iconic photo of rap group Run DMC did not constitute infringement because Friedman’s photograph was not sufficiently original to merit copyright protection or, alternatively, that he had altered it sufficiently for his work to be considered fair use. The judge rejected both arguments and granted Friedman’s motion for summary judgment. Some commentators have expressed concern that, hot on the heels of the Richard Prince decision, this outcome is a further blow to appropriation art. (Hollywood Reporter, Media Bistro, LA Weekly)
The New York Times reports that last week a U.S. federal appeals court denied the claim of an innocent buyer of a stolen Pissarro print that she ought not to have to forfeit the work. She purchased it twenty-five years ago from a San Antonio art gallery and did not learn until she tried to sell it through Sotheby’s in 2003 that it had been reported stolen thirty years previously from a museum in Aix-les-Bains, France. The U.S. government promptly “seized the print as contraband.” In the wake of the court’s upholding of that action paired with its determination that the buyer could not recover her legal fees, she ruefully observes that her “$100,000 asset [has] turned into a $100,000 liability.”
In the Observer, Rory Mulholland notes the proliferation of protest art on the walls of the rebel-held cities of Libya. He finds the multitude of caricatures of Muammar Gaddafi, “whose many eccentricities make him a perfect target for satire,” to be “the most striking manifestation of the new-found freedom of expression” in those regions. Click here to see a slide show of some of the images that Mulholland captured on film.
Joan Jett and Cherie Currie have filed suit in a New York court in an attempt to stop the release of a tribute album featuring contemporary cover versions of the songs of their 1970s band The Runaways. In the Hollywood Reporter, Eriq Gardner sums up the basis for the suit as follows: “Typically, when cover songs are recorded, mechanical license royalty rates apply. No permission is required. However, in this unusual situation, Jett and Currie are claiming that the project is a violation of their likenesses, and that the record label is using their famous names to market the album.”
Christophe Maillet, owner of a Doors-themed Paris Bar called The Lezard King, has received a letter from the band’s lawyer threatening legal action if he doesn’t change the name of the bar and remove all images of the band from the premises within the next three months. The letter warns: “”The Doors do not want to be seen as having approved of your establishment and also the consumption of alcohol.” Maillet, a life-long Doors fan who personally collected the memorabilia over the past twenty-five years that constitutes the bar’s decor, “doesn’t know what could happen if the legal action goes ahead” but fears that the “worst-case scenario is that they could close the bar.” (Associated Press)
The family of Nobel Prize-winning poet Pablo Neruda maintains that he died of cancer in 1973 at the age of 69. But following allegations that he was, in fact, poisoned at the behest of General Pinochet, a Chilean judge has ordered an investigation into his death. (BBC, NPR)
As part of its coverage of the Hay festival, the Telegraph has published a wonderful series of articles in which writers pay tribute to their “heroes of free speech.” Click on the following writers’ names to learn about theirs: Javier Cercas, Kishwar Desai, Héctor Abad Faciolince, Helena Kennedy, Youssef Rakha, and Elif Shafak.
Katherine A. Power has high praise for Mary Doria Russell’s historical western, Doc: “This extraordinary novel, whose central figure is John Henry ‘Doc’ Holliday, is both a work of reclamation of the man from his legend as a coldblooded killer and an inspired evocation of a mythic quintessence.” (Salon)
In the Daily Beast, David Goodwillie interviews police detective Edward Conlon about his novel Red on Red. Given Conlon’s line of work and the critical acclaim of his memoir, Blue Blood, it is perhaps unsurprising that his novel is garnering praise for its authentic portrayal of detective work and of police partnerships. “Conlon’s colorful world exists under a gray and pressing sky of authenticity that not even the most research-addicted crime novelists could recreate,” Goodwillie writes. He continues: “At the same time, Red on Red offers Conlon his first opportunity to move past the factual restrictions of non-fiction, and he doesn’t disappoint.” It sounds like it’s well worth a look.
“Where better to set a noir police procedural than in streets awash in uncollected trash, against a backdrop of smoke rising from Vesuvius?” asks Hallie Ephron. She concludes that with These Dark Things, the first installment in a series featuring Captain Natalia Monte of the Naples Carabinieri, Jan Meret Weiss lays claim to that city as decisively as Donna Leon has to Venice. I’ve just finished reading These Dark Things myself and can attest that Natalia Monte is a most intriguing character and that Naples is very vividly evoked⎯a promising start to a new series. (Boston Globe)