DePaul Journal of Art, Technology & Intellectual Property Law

Volume 2 Issue 2 Spring 1992 Article 13

Survey of Art and Entertainment Law News Items

Raymond Schmitz

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Recommended Citation Raymond Schmitz, Survey of Art and Entertainment Law News Items, 2 DePaul J. Art, Tech. & Intell. Prop. L. 65 (1992) Available at: https://via.library.depaul.edu/jatip/vol2/iss2/13

This Epilogue is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Journal of Art, Technology & Intellectual Property Law by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. Schmitz: Survey of Art and Entertainment Law News Items EPILOGUE

The Epilogue section provides CHICAGO DAILY LAW BULLE- The choreography of the na- readers with an overview of TiN, March 19, 1992, at 1. tional tour of Bye Bye Birdie is art and entertainment news currently the subject of a fed- items that have interesting The shoe is now on the other eral copyright suit. Champion- and relevant legal implica- foot for "Doonesbury" creator Five, the copyright holders, al- tions. Gary Trudeau, whose comic lege that defendants, strip often satirizes public fig- including National Artists * * * * * ures. It seems that the Wall Management Co., have used Street Journalran an editorial the Tony Award-winning cho- called "Gary Vanilli" which reography without first seek- Goya's 191-year-old "Naked poked fun at the fact that ing proper permission to do so. Maja," a painting of a nude Trudeau, like many comic Staff, Update, LAw woman lying on a couch, was writers, uses an assistant to JOURNAL, December 31, 1991, recently removed from a lec- produce the final draft of his at 1. ture hall at Pennsylvania strip. Despite a demand for re- State University following al- traction and the threat of suit A Manhattan State Supreme legations by an English profes- by Trudeau's lawyers, Journal Court justice has recently sor that the painting was a forces stood their ground and ended the litigation over the source of embarrassment for hinted that, in terms of first status of a set ofArt Deco gates her and disruption for her stu- amendment analysis, Trudeau that have been adorning the dents. The administration might be as public a figure as executive suite of a New York yielded to the teacher's threats those he routinely lampoons. office building. In part because of resigning and relocated the Staff, Cartoonist Can't Take a the gates have been displayed work from its 10-year class- Joke, L.A. DAILY JOURNAL, in museums on several pre- room home to the student un- January 9, 1992, at 6. vious occasions, and in part be- ion's television reading room, cause they could be removed now temporarily designated A U.S. District Court has per- without causing any damage, as a "gallery." Nat Hentoff, manently enjoined future per- the Court found that the gates Sexually Harassedby a Paint- formance of Dusky Sally, a were not intended to be per- ing, L.A. DAILY JOURNAL, Feb- play about one of Thomas Jef- manent fixtures of the build- ruary 13, 1992, at 6. ferson's slaves with whom Jef- ing; instead, they were works ferson allegedly had sexual re- of art that remained the per- A ventriloquist has recently lations and even may have had sonal property of the developer sued Pepsico, Inc. in federal children. But the injunction and could be rightfully do- district court for over $130 was not based on the fact that nated to the Cooper-Hewitt million claiming that the mak- such allegations are specula- Museum in accordance with the ers of Diet Pepsi have stolen tive, widely criticized by histo- developer's wishes. Edward A. this nightclub entertainer's rians, and perhaps false; it re- Adams, Judge Permits Gift Of signature phrase 'You've got sulted from a claim by the Gates To Cooper- the right one, uh-huh" for its author of SALLY HEINGS: A Hewitt, NEW YORK LAW JOUR- string of advertisements sung NOVEL who successfully ar- NAL, December 4, 1991, at 1. by Ray Charles. Plaintiff Ar- gued that many episodes ofthe thur Takeall says Pepsico, Inc. play were impermissibly simi- The Civic Orchestra of Chicago, liberated the phrase used for lar to depictions in this book, sometimes known as the train- many years by the ventrilo- thus violating copyright laws. ing orchestra of the Chicago quist and his dummy, Scooter, Apparently, fascination with Symphony Orchestra, re- after the duo had approached the private lives of public fig- cently paid tribute to African Pepsico, Inc. seeking sponsor- ures is a much older phenome- American composers and their ship for an educational pro- non than we thought. Michael music. The Orchestra spon- gram. Associated Press, Ven- I. Rudell, On the Similarity of sored a seminar on the topic triloquist says Pepsi ad took a Book and Play, NEW YORK and held a concert premiering words from his own mouth, LAW JOURNAL, October 25, several new works. The Civic 1991, at 3. Orchestra of Chicago has been

65 Journal of Art & Entertainment Law Published by Via Sapientiae, 2016 1 DePaul Journal of Art, Technology & Intellectual Property Law, Vol. 2, Iss. 2 [2016], Art. 13 a leader among the arts insti- tives, Foundation members vealed that a Chicago art tutions now adopting volun- now seek to alter the trust to wholesaler, among others, sold tary affirmative action initia- allow for, among other things, poster-quality prints worth tives. Jennifer Burklow, Civic gallery renovation, a publish- $25 to unsuspecting buyers for honors African American com- ed version of the Barnes Col- $10,000 to$20,000 each. Con- posers, CHICAGO SUN-TIMES, lection, and a travelling exhi- ceived almost 20 years ago by April 3, 1992, at 13. bition of its works. As the a New York art-book publisher litigation continues, both col- who exploited his access to The Federal Communications lectors and museums alike are original lithographs and etch- Commission recently ap- eager to discover how the ings, this national enterprise proved new regulations to at- courts will treat arts bequests. involved forgeries of the works tempt to make AM radio more Daniel S. Levy, Want to See of Picasso, Chagall, Dali, and competitive with popular FM Some Secret Pictures?, TIME, Miro. Unsuspecting buyers no- broadcasting. Under this plan, April 20, 1992, at 87. tified the authorities after the frequency band of AM ra- learning from appraisers and dio is broadened to make room After a year of negotiations, insurers that the works were for new frequencies and to di- Time Warner Inc. recently an- fakes; not the signed artist-ap- minish existing signal conges- nounced the signing of a mul- proved prints they were repre- tion and interference. The timedia contract with Ma- sented to be. Matt O'Connor, FCC is still continuing to iron donna. The deal, which will Dealercharged in fake-artring, out the technical details as run up to 11 years, provides for CHICAGO TRIBUNE, April 21, members of the industry con- a joint venture with Time 1992, (Chicago-land), at 3. template the opportunities Warner to form an entertain- available with more powerful ment firm that will parent a -based Atari Corp. AM broadcasting. Mark Con- record label, a music publish- continues to pursue federal rad, Will FCC RegulationsRe- ing company, and film, televi- antitrust litigation against store Powerto AM?, NEWYORK sion, book-publishing, and Japan-based Nintendo Corp. LAW JOURNAL, December 20, merchandising divisions. stemming from Nintendo's al- 1991, at 5. Worth in excess of $60 million, legedly anti-competitive con- this contract is reportedly the tract provisions. Apparently, Dr. Albert Barnes, a prolific largest ever negotiated by any Nintendo previously required turn-of-the-century art collec- entertainer, surpassing even that private video game devel- tor, may soon find his post- last year's headline arrange- opers agree not to make their mortem wishes for the disposi- ment between Michael Jack- games available to other com- tion of his art collection son and Sony Corp. Gary puter console systems for two disturbed. The provisions of Graff, Megadeal for Madonna years in exchange for a license Barnes' trust directed that no at Time Warner, CHICAGO to use Nintendo's market- picture from his expansive Im- TRIBUNE, April 21, 1992, dominating system. Atari pressionist and post-impres- (Business), at 1. claims it lost $160 million over sionist collection be loaned, five years as a result of Nin- sold, reproduced, or even The national art fraud division tendo's exclusive-rights deals moved from its position on the of the U.S. Postal Inspection which effectively denied Atari wall of the Lincoln University Service has recently infil- access to valuable new games. gallery where they are housed. trated the Midwestern link in Associated Press, Atari, However, current members of a multimillion dollar conspir- Nintendo in court, the Barnes Foundation are acy selling counterfeit limited- CHICAGO DAILY LAW BULLE- challenging this restrictive in- edition prints of four famous TIN, February 12, 1992, at 1. terpretation in a Pennsylvania abstract artists. An 8-year court. Regardless of their mo- mail fraud investigation re- Raymond Schmitz

Spring 1992 66 https://via.library.depaul.edu/jatip/vol2/iss2/13 2