Copyright Issues Impacting the Art World

This program will provide an overview of core legal principles and recent developments at the intersection of copyright and art, including discussions of current "hot" issues involving fair use, appropriation art, street art, the Visual Artists Rights Act (VARA), the first sale doctrine and art resales.

Learning Objectives:

1. Review US Copyright Act provisions relevant to art, including originality, creation of derivative works, displays and re-sales
2. Explore the applicability of the fair use defense to appropriation art, including an analysis of the Second Circuit's controversial opinion in Cariou v. Prince
3. Discuss VARA as applicable to street art, including a focus on the 2018 seminal "5Pointz" decision Cohen v. G&M Realty, currently on appeal to the Second  Circuit
4. Address the first sale doctrine and the right of reproduction of art images for auction house and gallery sale and promotional uses
5. Advise clients on the state and future of art resale royalties