24 Dec, 2024 Weaponizing Trademark Law When Copyright Won’t Work By Brian Murphy This case involves two works by the late artist Robert Indiana. The first is the famous “LOVE” image, created by Indiana in the 1960s and...
13 Nov, 2023 The Generative AI Journey Continues By Brian Murphy When it comes to tech powered by generative AI, we are on the verge of a Cambrian Explosion, a period during which we can expect an...
10 Oct, 2023 Photographer Cannot Recover Profits Based on the Use of Infringing Image in Advertising By Brian Murphy An advertiser includes an infringing image in an advertising campaign. (It has been known to happen.) The copyright owner sues, seeking...
29 Sep, 2023 Do I Really Need to Worry About Those Photos in the Background? By Melissa Georges Michael Kelley v. Morning Bee, Inc. and Apple, Inc., No. 1:21-cv-8420-GHW2023 WL 6276690 (S.D.N.Y Sept. 26, 2023) If you work in the...
15 Jun, 2023 This Case is Bananas: Art Basel Banana Did Not Infringe By Nicole Bergstrom How many ways are there to duct tape a banana to a wall? Apparently not too many. Earlier this week, Judge Scola in the Southern...
17 Apr, 2023 Who Owns Artist Henry Joseph Darger's Copyrights: His Landlords or His Distant Cousins? By Brian Murphy Fame came to Henry Joseph Darger (1892-1973) - widely regarded as one of America's greatest self-taught artists - posthumously. In life,...
04 Nov, 2022 Cardi B Prevails in Lawsuit Against the Man with the Tiger (and Snake) Tattoo By Brian Murphy Certain cases will forever be part of the legal seminars and trainings I do for clients. This is one of them. We have blogged previously...
04 Nov, 2022 Cardi B Prevails in Lawsuit Against the Man with the Tiger (and Snake) Tattoo By Brian Murphy Certain cases will forever be part of the legal seminars and trainings I do for clients. This is one of them. We have blogged previously...
31 Mar, 2022 Does VARA Prevent an Institution From Obscuring a Visual Work That Some People Find Offensive? By Edward H. Rosenthal What happens if an institution decides to obscure a work of art on the ground that that it is offensive and unworthy of continued...
08 Nov, 2021 Did Country Rap Artist UpChurch Infringe Copyright and Violate VARA When He "Shot to Hell" an Artist's Paintings ... with Bullets? By Brian Murphy Plaintiff Jacob Aaron Leveille is a visual artist who lives in Florida. (You can check out his work on Instagram.) Defendant Ryan Edward...