• Latest cases

    • Richard Prince’s New Portraits series – copyright and commentary

      One of the recent exhibitions of Richard Prince – famous appropriation artist – called “New Portraits” consisted of Instagram photos (mainly selfies) by famous and not-so-famous semi-clad women. The artist enlarged the images, inkjet printed them on canvas and added his own cryptic comments underneath. The exhibition was successful and Prince’s portraits were sold for impressive prices. Afterwards, some persons depicted on the portraits initiated lawsuits for copyright infringement. While these cases are currently still pending, a discussion on this controversial exhibition is being conducted among practitioners. MORE

    • The case of Scythian Gold

      While on loan to Dutch museum, the territory of initial lenders - Crimea - was annexed by another state. The case of Scythian Gold is raising a bunch of legal and political questions. Even if we still need to wait for the final decision, here is the short overview and analysis of the issues at stake. MORE

    • Restitution of cultural objects: Poland-Latvia 2006-2012

      Due to long and complex history, Baltic states are home to many unique valuable cultural objects. Touched by wars and other twists and turns of fate, lots of these objects were relocated and turned out to be in the possession of other countries. Traces of some of them are lost forever, whereas location of certain individual objects luckily becomes known to competent authorities. This is where the restitution cases begin. MORE

    • Simon-Whelan's antitrust suit

      In 2007 the antitrust lawsuit against the Authentication Board for the first time survived the defendant’s motion to dismiss. Even though the case was ultimately settled, it is extremely interesting since it provides a framework for pleading antitrust claims against authentication boards and shows how antitrust regulation can be applied to art-related disputes. MORE

    • The poets' cases

      Two cases discussed in this section touch mainly on expiration of copyright term and physical access to the copyrighted materials. 1) The copyright case concerning private letters of James Joyce and fare use of certain citations; 2) The case concerning privately owned portfolio of manuscripts written by Franz Kafka, which were not burnt by Max Brod against the will of the deceased, were not handed over to the state of Israel, again against the will of the deceased, but ultimately given to the National Library of Israel based on a court ruling. MORE

    • Monkey selfie

      Back in 2011, a macaque monkey in Indonesia took several flattering selfies with the equipment of the British nature photographer David Slater. The latter claimed copyright in the photos after they were published at Wikimedia Commons as being in the public domain. The case concerns the issue whether copyright could be held on artworks made by non-human animals, as well as internet (online) jurisdiction. MORE