Memo: Re Orphan Works

From Joshua Kaufman
July 23, 2015

There has been a great deal of Internet chatter over the last week or so regarding the
Orphan Works issue. Unfortunately, this important issue has fallen prey to the classic Internet
distortions with much misinformation being circulated. Make no mistake, the Orphan Works issue is an important one and I will discuss it below. However, the breathless requests that the people write to the United States Copyright Office (“Copyright Office”) by today because they are drafting a new copyright law which will strip artists of their copyrights are simply inaccurate.

ACC Orphan Work Memo


The Artist-Gallery Consignment Agreement

Art World News
January 2013

The most important considerations when going into a artist-gallery consignment agreement to prevent any potential issues that could tarnish a relationship between the two parties.

The Artist-Gallery Consignment Agreement


DMCA Takedown? Not Without Registration

Art World News
April 2014

Stressing the importance of copyright registration in the digital age and its necessity for successful Digital Millennium Copyright Act take down notices.

DMCA Takedown


Posthumous Works: Keeping the Genius Alive

Art World News
January 2012

When an artist dies and leaves behind molds, lithographic plates, woodcuts, etching plates, silk screening, and digital files legal issues may arise as to who has the right to allow others to create posthumous works to keep the legacy of the deceased artist alive.

Posthumous Works


The Online Secondary Market: Resource or Parasite?

Art Business News
March 2005

Looking at secondary market Web sites that have very little or not artwork in stock despite their false advertising of their vast collections and understanding their lack of legitimacy.

The Online Secondary Market


Royalties: Are you Getting Your Fair Share?

Art World News
October 2011

Are you getting your fair share of your royalties? 88% of licensors are not. Efforts will indeed yield meaningful and measurable results for your investment of time and money.

Royalties Are you Getting Your Fair Share


The Artist-Agent Relationship

The Art of Licensing
Summer 2003

Partnerships between artist and licensing agents can be a tricky business. Agreements need to be carefully drafted regarding core obligations commissions, and post-termination.

The Artist-Gallery Consignment Agreement


Rights and Reproduction

Museum News
September/October 2004

Why museums may not need to cite a work’s Artists Rights Society in applicable credit lines.

Right and Reproduction


Knocking Out Knockoffs

The Art of Licensing
Spring 2003

Don’t let counterfeiters profit from your properties and products. Know your rights and how to enforce them.

Knocking Out Knockoffs


Assessing the Risks of Appraising and Authenticating Art

Art Business News
April 2009

Weighing the risks and potential liabilities against any additional benefits that accrue when appraising and authenticating art.

Assessing the Risks of Appraising and Authenticating Art


The Legalities of Licensing

Art Business News

In discussing licensing, mutilating an old cliché seems appropriate: licensing has become the tail that wags the art world dog.

The Legaltities of Licensing


Royalty Rights

The Art of Licensing
Fall 2002

Here are some issues licensors and licensees should consider before signing on the dotted line.

Royalty Rights


Til Death Do Us Part

License
June 2006

Artists should carefully construct licensing agreements to take into account the disposition of their business, copyrights, and trademarks in the event of their death.

Til Death Do Us Part


Protecting the Look and Feel of Artworks, Maybe

Art World News
August 2012

Courts have in certain circumstances found that the copyright of the “total concept and feel” of a work, or series of works, does violate the substantial similarity rule and results in an infringement.

Protecting_the_Look_&_Feel_of_Artworks_Maybe_August_2012


Copyright Office Proposes Giving Infringers Cart Blanc Rights to Infringe!

Art Business News

The Copyright Office’s stance on orphan works- copyright works whose owners are difficult or even impossible to locate.

Copyright Office Proposes Giving Infringers Cart Blanc Rights to Infringe


Fan Art: Friend or Foe?

Art World News
January 2012

The new wave of fan art, and when it’s appropriate to police trademarks.

Fan_Art_-_Friend_or_Foe


Print-On-Demand and Copyright

Art World News
January 2014

Understanding copyright law and its implications on print-on-demand services in the art and framing industry.

Print_on_Demand_and_Copyright_January_2014

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