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…
Category
Thoughts
Our perspective on the ideas, trends, and market shifts shaping artists, entrepreneurs, brands, and businesses. These posts are less about formal legal updates and more about practical observations from the intersection of law, commerce, and culture.
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…
Mystery Boxes, Brand Names & Legal Risk — A Closer Look at RillaBox
Mystery-box platforms like RillaBox are gaining popularity. For consumers they promise thrill and surprise. For brands and the law? There…
Hermès Beats Birkin “Tying” Case in N.D. Cal.—Key Takeaways for Scarcity-Driven Brands
A California federal judge dismissed—with prejudice—the proposed class action claiming Hermès illegally conditioned access to Birkin (and Kelly) bags on…
Florida’s Museum Loan Law: What Lenders, Estates, and Museums Need to Know (F.S. §267.0723).
Florida has legislated clear rules for property loaned to museums—and what happens when lenders go quiet. Museums must keep written…
Florida’s Chapter 686: The Fine Print That Can Rewrite Your Art Deals
If you are an art dealer or an art lawyer representing art dealers in Florida, it is imperative you have…
Sampling the Legends—Or Stealing? Three Six Mafia Sues $uicideboy$ Again
Three Six Mafia sues rap duo $uicideboy$ a second time for copyright infringement. With one quick listen of any song…
The Battle Over ‘Gang Starr’: Solar’s Second Strike Against DJ Premier
For a second time, the “Most Evil Man in Hip-Hop” strikes again, coming after the late Guru and DJ Premier,…
The Price of Nothing: How a Blank Canvas Sparked a Legal Battle
As an art lawyer, I find the case of Jens Haaning’s “Take the Money and Run” both fascinating and thought-provoking,…