Art Law in Florida: A Practitioner’s Handbook
Akiba Law PLLC is a Miami-based law firm advising artists, collectors, galleries, dealers, auction businesses, museums, and creative entrepreneurs on…
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The Journal
A curated space where law, art, fashion, business, luxury and culture converge. The Journal explores the ideas, cases, laws and movements shaping creativity and commerce today.
Florida Interior Designers and Decorators: Are You Regulated? Do You Need a License?
Interior designers and decorators in Florida often face a practical question: am I subject to Florida regulation, and do I…
Jacques Goudstikker’s Stolen Collection Is Still Being Found and Returned
Restitution can’t undo the Holocaust but it can return what was taken and every returned work matters. A Nazi-looted painting…
Van Gogh’s “Sunflowers” Returns to Federal Court: Why Personal Jurisdiction May Bar the Claims Again
The Facts. The heirs of German-Jewish banker and art collector Paul von Mendelssohn-Bartholdy have filed a new lawsuit in the…
Can a Property Owner Erase a Mural? Wyland’s VARA Lawsuit Against FIFA, Building Owner, and Property Manager
Marine artist Wyland has filed a federal lawsuit after his downtown Dallas mural, Ocean Life, also known as Whaling Wall…
Florida Regulations And Laws Governing Auction Houses
Auction sales can feel fast, informal, and governed mostly by custom. But in Florida, auction transactions are not lawless. For…
Florida’s Right of Publicity Law: When Commercial Use of a Person’s Image Requires Consent
Florida’s right of publicity statute protects against the unauthorized commercial use of a person’s identity. In practical terms, that means…
Florida’s Civil Theft Statute: Not Every Dispute Is Theft, But Real Theft Has Real Consequences
Some business disputes are just that: disputes. A customer does not pay. A deal falls apart. A contract is breached….
Matt Akiba Moderates Panel on Art Law At Florida Law Con!
Matt Akiba was invited to moderate a panel at this year’s Florida Law Con, put on by the Miami Dar…
Florida Judgment Liens: When Art, Collectibles, and Other Personal Property May Matter After Judgment
Winning a money judgment is important. Collecting on that judgment is often the harder part. In Florida, a judgment creditor…
Consigning Art in Florida: Why Written Agreements, Notices, and Statutory Formalities Matter
Consignment is common in the art market. An artist may deliver work to a dealer, gallery, or other art business…
Artists Build Brands Too: Why Visual Artists Should Think About Trademarks
Artists often think about copyright first. That makes sense. Copyright protects the artwork itself. But for many visual artists, the…
Matt Speaks to Law Students on “Creative Industries & the Law” Panel
Let’s face it. Being a lawyer who represents artists, fashion brands, and creatives is a cool and non-standard job. Law…
Section 2(f) Trademark Registrations: When a Descriptive Mark Can Still Make It to the Principal Register
A descriptiveness refusal is not always the end of the road. Section 2(f) of the Lanham Act allows some marks…
What Is VARA? A Practical Overview of the Visual Artists Rights Act
The Visual Artists Rights Act, commonly known as VARA, is an important federal statute for visual artists, collectors, galleries, developers,…
Matt Akiba Moderates Panel At Inaugural IP X Influence Conference At FIU Law!
Matt Akiba was invited back to his alma mater, the FIU College of Law, as a moderator at the Inaugural…
Outkast and “ATLiens”: Why Common Law Trademark Rights Matter
Federal trademark registration is important. But it is not the whole story. In the United States, trademark rights can arise…
If a Room is Repainted, Has the Artwork Inside Been Altered Too? That Is the Question in This New Lawsuit.
Most artists and art businesses think of VARA claims as cases about destruction, mutilation, or direct physical changes to an…
Cardi B, Paparazzi Photos, and a Basic Copyright Rule: Being in the Photo Is Not Owning the Photo
A recently filed copyright lawsuit against Cardi B is a useful reminder of a rule that surprises a lot of…
When Expert Opinions Move the Art Market: Authentication, Authority, and Legal Risk
In the art market, expert opinions are not just academic. A statement about authenticity, attribution, condition, provenance, or catalogue raisonné…
AI Can Create But Under U.S. Copyright Law, It Still Cannot Be the Author
Artificial intelligence keeps forcing copyright law into harder and harder questions. But at least for now, one rule remains firmly…
Matt Akiba Awarded Miami Dade Bar’s 40 Under 40 Award!
Akiba Law Founder, Matt Akiba, was awarded the prestigious 40 Under 40 Award by the Miami Dade Bar’s Young Lawyers…
Brand It Right, Trademark It Early, Avoid Paying Later
A lot of businesses treat trademarks like an afterthought. They focus on the exciting parts first. The name. The logo….
Bad Deal, Broken Promise, or Fraud? The Difference Matters Under Florida Law
People often use the word “fraud” when a deal goes badly. But under Florida law, a bad deal, a broken…