Recent Articles

Rastaman Vibration

Sheppard Mullin

March 01, 2012 10:08

The appeal in the case of Cariou v. Prince is shaping up to be the biggest visual arts copyright case in many years. It will likely result in guidance on what qualifies as a transformative use for appropriation art under the doctrine of fair use. Appropriation art "borrows" pre-existing...

Fashion Designers: Legally Naked?

Sheppard Mullin

February 10, 2012 22:13

By Tyler Baker and Christine Steiner With New York's Fashion Week upon us, the time is appropriate to examine the intellectual property protections available to some of the most prominent artists in popular culture: fashion designers. No one would seriously question the great artistic talents of...

The Year In Review

Sheppard Mullin

January 06, 2012 20:31

The past year was packed with litigation that ranged from broad constitutional questions to the ever present scourge of forgeries. Art Law Gallery presents highlights of some of the most important cases:  The Walking Dead Copyrights: Conductor Lawrence Golan's long-running "zombie"...

Cherchez les Catalogues Raisonné

Sheppard Mullin

December 15, 2011 19:29

The success of the art market depends largely on confidence in the authenticity of artists’ works. Traditionally, a work in an artist’s “catalogue raisonné” has been key to confirming the authenticity, and thus value. To that point, a recent lawsuit filed in...

Authentication Board to Death by Lawsuits

Sheppard Mullin

November 08, 2011 22:44

The recent news that the Andy Warhol Art Authentication Board, Inc. will dissolve in early 2012 brings the role of authentication boards in the art world to the fore once again. The Board, which has been charged with authenticating the works of Andy Warhol since 1996, has been the subject of...

Artist Resale Royalties--New Cases under California Law

Sheppard Mullin

October 26, 2011 16:35

On October 17, a proposed class of artists filed three federal lawsuits against auction houses Christie’s, Inc., and Sotheby’s, Inc., and internet auctioneer eBay, Inc., alleging that the defendants sold their artwork at California auctions and on behalf of California sellers, but...