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Taking Intellectual Property Into Their Own Hands
Taking Intellectual Property into Their Own Hands Amy Adler* & Jeanne C. Fromer** When we think about people seeking relief for infringement of their intellectual property rights under copyright and trademark laws, we typically assume they will operate within an overtly legal scheme. By contrast, creators of works that lie outside the subject matter, or at least outside the heartland, of intellectual property law often remedy copying of their works by asserting extralegal norms within their own tight-knit communities. In recent years, however, there has been a growing third category of relief-seekers: those taking intellectual property into their own hands, seeking relief outside the legal system for copying of works that fall well within the heartland of copyright or trademark laws, such as visual art, music, and fashion. They exercise intellectual property self-help in a constellation of ways. Most frequently, they use shaming, principally through social media or a similar platform, to call out perceived misappropriations. Other times, they reappropriate perceived misappropriations, therein generating new creative works. This Article identifies, illustrates, and analyzes this phenomenon using a diverse array of recent examples. Aggrieved creators can use self-help of the sorts we describe to accomplish much of what they hope to derive from successful infringement litigation: collect monetary damages, stop the appropriation, insist on attribution of their work, and correct potential misattributions of a misappropriation. We evaluate the benefits and demerits of intellectual property self-help as compared with more traditional intellectual property enforcement. DOI: https://doi.org/10.15779/Z38KP7TR8W Copyright © 2019 California Law Review, Inc. California Law Review, Inc. -
The New Yorker April 05, 2021 Issue
PRICE $8.99 APRIL 5, 2021 APRIL 5, 2021 4 GOINGS ON ABOUT TOWN 11 THE TALK OF THE TOWN Jonathan Blitzer on Biden and the border; from war to the writers’ room; so far no sofas; still Trump country; cooking up hits. FEED HOPE. ANNALS OF ASTRONOMY Daniel Alarcón 16 The Collapse at Arecibo FEED LOVE. Puerto Rico loses its iconic telescope. SHOUTS & MURMURS Michael Ian Black 21 My Application Essay to Brown (Rejected) DEPT. OF SCIENCE Kathryn Schulz 22 Where the Wild Things Go The navigational feats of animals. PROFILES Rachel Aviv 28 Past Imperfect A psychologist’s theory of memory. COMIC STRIP Emily Flake 37 “Visions of the Post-Pandemic Future” OUR LOCAL CORRESPONDENTS Ian Frazier 40 Guns Down How to keep weapons out of the hands of kids. FICTION Sterling HolyWhiteMountain 48 “Featherweight” THE CRITICS BOOKS Jerome Groopman 55 Assessing the threat of a new pandemic. 58 Briefly Noted Madeleine Schwartz 60 The peripatetic life of Sybille Bedford. PODCAST DEPT. Hua Hsu 63 The athletes taking over the studio. THE ART WORLD Peter Schjeldahl 66 Niki de Saint Phalle’s feminist force. ON TELEVISION Doreen St. Félix 68 “Waffles + Mochi,” “City of Ghosts.” POEMS Craig Morgan Teicher 35 “Peers” Kaveh Akbar 52 “My Empire” COVER R. Kikuo Johnson “Delayed” DRAWINGS Johnny DiNapoli, Tom Chitty, P. C. Vey, Mick Stevens, Zoe Si, Tom Toro, Adam Douglas Thompson, Suerynn Lee, Roz Chast, Bruce Eric Kaplan, Victoria Roberts, Will McPhail SPOTS André da Loba CONTRIBUTORS Caring for the earth. ©2020 KENDAL Rachel Aviv (“Past Imperfect,” p. 28) is a Ian Frazier (“Guns Down,” p. -
Michael Heizer Selected Bibliography
G A G O S I A N Michael Heizer Selected Bibliography Selected Books and Catalogues: 2019 Fox, William. Michael Heizer: The Once and Future Monuments. New York: Monacelli Press. 2017 Voorhies, James. Beyond Objecthood: The Exhibition as a Critical Form since 1968. Boston: MIT Press. Celant, Germano and Chiara Costa. Virginia Dwan: Dwan Gallery. Lausanne: Skira. 2015 Fine, Ruth E., Kara Vander Weg and Michael Heizer. Michael Heizer: Altars. New York: Gagosian Gallery. 2014 Cameron, Dan. The Avant-Garde Collection. Newport Beach, CA: Orange County Museum of Art. Kaz, Leonel, ed. Inusitada Coleção De Sylvio Perlstein. São Paolo: Museu de Arte de São Paolo Assis Chateaubriand. 2013 Allen, Gwen L., Pierre Bal Blanc, Claire Bishop, Benjamin H.D. Buchloh, Charles Esche, et al. When Attitudes Become Form: Bern 1969/Venice 2013. Milan: Fondazione Prada. 2012 Lippard, Lucy R. and Jeff Khonsary. 4,492,040 (1969–74). Vancouver: New Documents 2010 Jensen, Susanne, Susanne Lenze, and Reinhard Onnasch. “Michael Heizer: Untitled.” In Nineteen Artists. Berlin: El Sourdog Hex; Bielefeld, Germany: Kerber Verlag. 2011 Reifenscheid, Beate. Die Letzte Freiheit: Von den Pionieren der Land-Art der 1960er Jahre bis zur Natur im Cyberspace. Milan: Silvana. 2010 Goldman, Judith. Robert & Ethel Scull: Portrait of a Collection. New York: Acquavella Gallery. Marcoci, Roxana, ed. The Original Copy: Photography of Sculpture, 1839 to Today. New York: Museum Of Modern Art. 2009 Grabner, Roman, Thomas Kellein, and Felicitas von Richthofen. 1968: Die Große Unschuld. Cologne: DuMont. 2008 Semff, Michael. Künstler Zeichnen. Sammler Stiften, 250 Jahre Staatliche Graphische Sammlung München. Ostfildern, Germany: Hatje Cantz. Lara, Cathy, ed. -
Williams College/Clark Art Institute
GRADUATE PROGRAM IN THE HISTORY OF ART Williams College/Clark Art Institute Summer 2001 NEWSLETTER ~ '" ~ o b iE The Class of 2001 at their Hooding Ceremony. From left to right: Mark Haxthausen, Jeffrey T. Saletnik, Clare S. Elliott, Jennifer W. King, Jennifer T. Cabral, Karly Whitaker, Rachel Butt, Elise Barclay, Anna Lee Kamplain, and Marc Simpson LETTER FROM THE DIRECTOR CHARLES W. (MARK) HAx'rHAUSEN Faison-Pierson-Stoddard Professor of Art History, Director of the Graduate Program With this issue we are extremely pleased to revive the Graduate Program's ANNuAL NEWSLETTER, in a format that is greatly expanded from its former incarnation. This publication will appear once a year, toward the end of the summer, bringing you news about the program, Williams, the Clark, our faculty, students, and graduates. The return of the newsletter is a fruit of one of the happy developments of a remarkably successful year-the creation of the position ofAsSOCIATE DIRECTOR of the Graduate Program. In recent years, with the introduction of the QualifYing Paper and Annual Symposium, the workload in the Graduate Program had seriously outgrown the capacities of its small staff. With the naming ofMARc SIMPSON to the new post, we have the resources not only to handle existing administrative demands but to expand our activities into neglected areas, one ofwhich is the publication of this newsletter, for which Marc serves as editor. We feel especially fortunate to have added Marc to the Program. A leading scholar of American art, he received his Ph.D. from Yale and served from 1985 to 1994 as Ednah Root Curator ofAmerican Paintings at the Fine Arts Museums of San Francisco. -
Artist: Period/Style: Patron: Material/Technique: Form
TITLE:Vietnam Veterans Memorial LOCATION: Washington, D.C., U.S. DATE: . 1982 C.E. ARTIST: Maya Lin PERIOD/STYLE: Minimalism PATRON: The Commision of Fine Arts MATERIAL/TECHNIQUE: Granite FORM: Highly reflective black granite with incised names of 58,000 names ofVietnam Veterans who sacrificed their lives during the conflict. The name is an abstraction that means more to the family and friends than a pictorial representation. The two walls start very short and get progressively taller until they meet at an oblique angle at the monument’s center. One wall points towards the Washington Monument; the other points to the Lincoln Memorial. FUNCTION: It functions as a memorial to the soldiers that died during the Vietnam War. It is an ideal place for people to come and spend quiet time reflecting on the names and perhaps leaving mementos to the deceased. CONTENT: The walls are made of a dark igneous rock called gabbro, a type of granite, which is highly reflective when polished.The surface of the monument is etched with the 58,195 names of the Americans who died or remained missing in action in the Vietnam War. The names are listed in the order in which they were reported killed or missing in action. This makes the names harder to find, and re- quires a listing and numeric system of organization for visitors. CONTEXT: There were 1400 anonymous entries for this commission. There was a real backlash once her identity was known because of latent racism in the post Vietnam era. She defended her design in front of the United States Congress, who eventually reached a compro- mise: A group of more “traditional” sculptures, called “The Three Soldiers,” was erected near the monument. -
Robert Longo
ROBERT LONGO Born in 1953 in Brooklyn, New York Lives in New York, New York EDUCATION 1975 BFA State University College, Buffalo, New York SELECTED ONE-PERSON EXHIBITIONS 2021 A House Divided, Guild Hall, East Hampton, New York 2020 Storm of Hope, Jeffrey Deitch, Los Angeles 2019 Amerika, Metro Pictures, New York Fugitive Images, Metro Pictures, New York When Heaven and Hell Change Places, Hall Art Foundation | Schloss Derneburg Museum, Germany 2018 Proof: Francisco Goya, Sergei Eisenstein, Robert Longo, Deichtorhallen Hamburg Them and Us, Metro Pictures, New York Everything Falls Apart, Capitan Petzel, Berlin 2017 Proof: Francisco Goya, Sergei Eisenstein, Robert Longo, Brooklyn Museum (cat.) Sara Hilden Art Museum, Tampere, Finland (cat.) The Destroyer Cycle, Metro Pictures, New York Let the Frame of Things Disjoint, Thaddaeus Ropac, London (cat.) 2016 Proof: Francisco Goya, Sergei Eisenstein, Robert Longo, Garage Museum of Contemporary Art, Moscow (cat.) Luminous Discontent, Galerie Thaddaeus Ropac, Paris (cat.) 2015 ‘The Intervention of Zero (After Malevich),’ 1991, Galerie Hans Mayer, Düsseldorf 2014 Gang of Cosmos, Metro Pictures, New York (cat.) Strike the Sun, Petzel Gallery, New York 2013 The Capitol Project, Aldrich Contemporary Art Museum, Ridgefield, Connecticut Phantom Vessels, Galerie Thaddaeus Ropac, Salzburg, Austria 2012 Stand, Capitain Petzel, Berlin (cat.) Men in the Cities: Fifteen Photographs 1980/2012, Schirmer/Mosel Showroom, Munich 2011 God Machines, Galerie Thaddaeus Ropac, Paris (cat.) Mysterious Heart Galería -
[Brand × Artist] Collaborations
FROM HIGH ART TO HIGH TOPS : THE IMPACT OF [ BRAND × ARTIST ] COLLABORATIONS WORD S A NYA FIRESTO N E On the world-map of today’s creative brands, we increasingly find Margiela. That art is being called upon as branding’s new muse, and collaborations with art — contemporary or otherwise — where × signifies a drive to create something more complex than that which marks the spot: can be achieved through fashion. It is logical that this nouveau artistic collaborative wave hits hard Don Perignon × Jeff Koons today, an epoch when magic is no longer required to see almost Perrier × Andy Warhol anything and everything thanks to the world’s new beloved fairy Supreme × Damien Hirst godmother: #socialmedia. With the advent of digital platforms comes Raf Simons × Sterling Ruby the collective impulse to display not only a style, but perhaps more COMME des GARÇONS × Ai Weiwei importantly, lifestyle. Look at any creative company’s Instagram and Lacoste × Zaha Hadid we find not only pictures of its gadgets and gizmos, but a cultivated Opening Ceremony × René Magritte existence around them — tastes and sensibilities, filtered through adidas × Jeremy Scott “Keith Harring” specific lenses: urban landscapes, graffiti, perfectly frothed lattes, Pharell’s hat, Kanye’s pout, and various other facades of society And so the formula of [Brand by Artist] is written, etched onto that visually amalgamate to project a brand’s metaphysical culture skateboards and sneakers, from H&M to Hermés, on Perignon to in time and space. Perrier, strutting down catwalks and stacking grocery aisles at a prolific It is no wonder then why brands are increasingly seduced by art; rate. -
PICASSO: Mosqueteros
G A G O S I A N G A L L E R Y February 14, 2009 PRESS RELEASE GAGOSIAN GALLERY 522 WEST 21ST STREET T. 212.741.1717 NEW YORK, NY 10011 F. 212.741.0006 GALLERY HOURS: Mon – Sat: 10:00am– 6:00pm PICASSO: Mosqueteros Thursday, March 26 – Saturday, June 6, 2009 Opening reception: Thursday, March 26th, from 6 to 8pm I enjoy myself to no end inventing these stories. I spend hour after hour while I draw, observing my creatures and thinking about the mad things they're up to. --Pablo Picasso, 1968 “Picasso: Mosqueteros” is the first exhibition in the United States to focus on the late paintings since “Picasso: The Last Years: 1963-1973” at the Solomon R. Guggenheim Museum in 1984. Organized around a large group of important, rarely seen works from the collection of Bernard Ruiz-Picasso, as well as works from The Museum of Modern Art, New York, the Museo Picasso Málaga and other private collections, “Picasso: Mosqueteros” aims to expand the ongoing inquiry regarding the context, subjects, and sources of the artist’s late work. Building on new research into the artist’s late life through the presentation of selected paintings and prints spanning 1962-1972, the exhibition suggests how the portrayal of the aged Picasso, bound to the past in his life and painting, has obscured the highly innovative and contemporary nature of the late work. The tertulia, an Iberian tradition of gregarious social gatherings with literary or artistic overtones, played a major part in Picasso’s everyday life, even after he moved to the relative seclusion of Notre-Dame-de-Vie in the 1960s. -
Dia Art Foundation Readings in Contemporary Poetry Major Jackson and Peter Schjeldahl
Dia Art Foundation Readings in Contemporary Poetry Major Jackson and Peter Schjeldahl Tuesday, March 5, 2019 Dia:Chelsea 535 West 22nd Street, 5th Floor New York City Introduction by Vincent Katz Major Jackson’s books of poems include Leaving Saturn (University of Georgia Press, 2002), Hoops (W. W. Norton & Company, 2006), Holding Company (W. W. Norton & Company, 2010), and Roll Deep (W. W. Norton & Company, 2015). Jackson is the Richard Dennis Green and Gold University Distinguished Professor in the department of English at University of Vermont, Burlington, and a graduate faculty member of the Creative Writing Program at New York University. He serves as the poetry editor of the Harvard Review. Many of the references in Major Jackson’s poetry - e.g. “I better git it in my soul” - are known to me, and many others are not. They all intrigue me to know more. The title of his most recent volume, Roll Deep, seemed to me as though it might come from football; I intuit a physicality there, a sense of simultaneous mobility and pleasurable stasis. Deep too as in profound. A more in-depth study revealed the phrase refers to the comfort zone of one’s posse. In this case, Jackson extends that to his wife, Didi, to whom the volume is dedicated, and their children, and beyond, via quotes from Lord Byron, Langston Hughes, and others. Jackson has always been extending, in his poetry, from his first book, Leaving Saturn, which established in vivid detail his North Philadelphia roots, to recent poems from the ongoing sequence “Urban Renewal,” set in the Cyclades, Spain, Brazil, Kenya, and Italy. -
Jeff Koons Loses French Lawsuit Over ‘Slavish Copy’ of Naf Naf Advert US Artist Ordered to Pay Damages and Costs, but Fair D’Hiver Sculpture Escapes Seizure
AiA Art News-service Jeff Koons loses French lawsuit over ‘slavish copy’ of Naf Naf advert US artist ordered to pay damages and costs, but Fair d’Hiver sculpture escapes seizure ANNA SANSOM 9th November 2018 13:58 GMT Fait D'Hiver (1988) by Jeff Koons, on show at the Liebighaus museum on in Frankfurt in 2012 © Ralph Orlowski/Getty Images Jeff Koons has been found guilty of plagiarising a 1980s advertising campaign for French fashion brand Naf Naf to make his porcelain sculpture Fait d'Hiver (1988), which is part of his Banality series. The high court of Paris has ordered the artist’s company Jeff Koons LLC, and the Centre Pompidou, which exhibited the piece in a 2014 Koons exhibition, to pay Franck Davidovici, the creative director of Naf Naf, €135,000 in damages and interest, and €70,000 in trial costs. The court ruled that Jeff Koons LLC had counterfeited a 1985 Naf Naf advert, featuring a pig with a barrel of rum tied round its neck rescuing a girl in the snow, by using its “original elements”. Davidovici had sued for copyright infringement, with his lawyer, Jean Aittouares of Ox Avocats, describing the Koons sculpture as a “slavish copy” of the advert. “The court dismisses the argument of freedom of artistic expression, considering that Koons had clearly sought, by retaking the first work, to make 'the economy of a creative work',” Ox Avocats posted in a short online statement. The court also ordered Koons' company to pay €11,000 to Davidovici for reproducing an image of the sculpture on Koons' website, and €2,000 to Flammarion, the French publishing house, for reproducing an image of the work in the Centre Pompidou's exhibition catalogue. -
New Collector Trends in Art & Finance
New Collector Trends in Art & Finance Art & Finance Conference 2019 12 th edition - Monaco Deloitte - New Collector Trends in Art & Finance | Content Content Agenda .................................................. 05 Speakers ............................................... 09 Sponsors & Media Promoters ......... 45 4 Noospheres © Lina Sinisterra (2019) New Collector Trends in Art & Finance | Speakers DELOITTE ART & FINANCE CONFERENCE 2019 - 12TH EDITION Agenda NEW COLLECTOR TRENDS IN ART & FINANCE 5 Deloitte - New Collector Trends in Art & Finance | Agenda TIME FRAME SUBJECT SPEAKERS 08:30 | 09:00 Registration and welcome coffee 09:00 | 09:15 Welcome speech Vincent Gouverneur - Partner, EMEA Investment Management Leader, and introduction Art & Finance Leader, Deloitte Luxembourg Peter Brigham - CEO, Rosemont Monaco SAM Jean Castellini - Minister of Finance and Economy, Principality of Monaco 09:15 | 10:15 Moderator: Pascal Noel - Director of Operations, Deloitte Monaco Panel 1 Estate Planning: structuring Panelists: Peter Brigham - CEO, Rosemont Monaco SAM art collection in an era of greater Melanie Damani - Managing Director, Hottinger Art Limited transparency Emmanuelle Ragot - Partner, Head of Data/IP/TMT/Employment, Wildgen Pietro Ripa - Private Banker, Fideuram Bank Freya Stewart - CEO, Art Lending and Group General Counsel, The Fine Art Group 10:15 | 10:45 Break 10:45 | 11:45 Panel 2 Moderator: Janet Xanthopoulos - Head of Yacht Ownership & Administration, Rosemont Yacht Services Art on Yachts: Monaco’s unique vision Panelists: -
Jeff Koons' „Balloon Rabbit“
Press Release - April 9, 2018 Jeff Koons’ „Balloon Rabbit“ Edition sold out “Balloon Rabbit, Red” by Jeff Koons, which was launched in May 2017 in an edition of 999, has now been sold out by the publisher. At the same time the complete set of 3 “Balloon Animals” (Balloon Rabbit, Balloon Monkey, Balloon Swan) cannot any longer be produced. “Balloon Rabbit” is from now on only available in the secondary market, in which Larry Gagosian (Los Angeles/New York) and Weng Contemporary, a brand of WFA Online AG, are the market leaders. The price of “Balloon Rabbit” has increased within less than one year from $9’500 to $17’500. On April 1, 2018, Gagosian has raised his price for the American market to $19’500 (see the attached chart). The sculptural editions of Jeff Koons are featured on the website JeffKoonsEditions.com and can be purchased through WengContemporary.com. ABOUT WENG FINE ART AG Weng Fine AG (www.wengfineart.com) registered in Krefeld and operating in Monheim a.Rh. and in Zug (Switzerland), is a leading internationally operating art dealership. The founder-led company combines more than 20 years of expertise in the art market with broad economic know-how. Other factors of success are the large inventory of artworks as well as the access to attractive funding. The company focuses on the most important artists of the 20th century, such as Andy Warhol, Damien Hirst, Robert Longo, Pablo Picasso, Gerhard Richter and Jeff Koons. In its core business Weng Fine Art supplies only professionals and among the clients are the most important international auction houses, together with leading international dealers and galleries.