Archives: Art Law

Supremes Won’t Review the Morality of Whitewashing Graffiti Art

By Scott Feldmann on October 21, 2020 Posted in Art Law

Too bad that on Oct. 5 the Supremes passed on applying a due process determination to define the “recognized stature” of art. The Visual Artists Rights Act of 1990 (“VARA”) gave visual artists limited “moral rights” in their creations. The primary right is one of “integrity,” or preventing the alteration or destruction of a copyrighted … Continue Reading

Central District of California Holds That the California Resale Royalty Act Is Preempted by Federal Copyright Law

By Eric Hiatt on April 21, 2016 Posted in Art Law, Copyright

As previously discussed on this blog, the validity of the California Resale Royalty Act (the “RRA,” Civil Code Section 986), a 1976 law that requires resellers of fine art to pay a royalty of 5 percent to the artists behind the works, was challenged in a dispute between a group of artists and Christie’s Inc., … Continue Reading

After Seven Years, Second Circuit Denies Claim to Stolen Art by Heirs of Holocaust Victim

By Oren J. Warshavsky on October 28, 2012 Posted in Art Law

Cases about Nazi-era stolen artwork can present some of the more complicated issues. Stemming from cross border theft, these disputes often include difficulties regarding venue, complex factual scenarios, the sovereign decisions of foreign governments, and other issues of public and private international law. But although these issues and more were present in a recent case … Continue Reading