Beach Bummed: Homage Artist Sued

It’s a cruel world that makes a thief out of an adoring fan. Erik den Breejen is a keen Beach Boys fan and one who knows, now, what the back of a beloved hand feels like. Continue Reading  on Hyperallergic>>

THE ARTIST’s INTENT

Recently, reading an article on NewsGrist, a blog that mixes equal parts of arrogance and naiveté, I came upon the usual blah blah about inarticulate artists and the ineffable meaning of their awe inspsiring creations. Add to this a wholesome  toot of tired and foggy hot air about Pollock and what did he mean by…

Transformative Use is Useless

‘Transformative use’ is just mucking things up. That’s what I think. Providing a pivot for the Cariou v Prince case and the only real point of interest no matter what the pundits say, transformative use, instead of the fog-clearing test that it was supposed to be, has become the main particulate in a legal fog…

Olek: Charged with Assault – Trial Date Set

As a follow up to my earlier story about the crochet artist, Olek, I just verified today rumors that the charges against her are, indeed, in writing, very serious. You will recall that Olek’s own story was that she got “involved in an incident with a drunk and aggressive male who behaved reprehensibly. The incident…

Is Cariou v Prince about the Money?

  In my latest Hyperallergic article, part Two of a there part series on the importance (or not) of the Cariou v Prince case, I discuss the money issue: “The Prince team, in asking that “the judgment of the district court should be reversed and summary judgment entered for Defendants” or that “ the judgment…

When is a Banana Not a Banana?

When it’s a trademark. On January 13, 1966, Andy Warhol pulled out all the stops for his debut of The Exploding Plastic Inevitable, a series of events featuring his films, and performances from Factory Super Stars. Performing at “Uptight” the opening event which took place at the New York Society of Clinical Psychiatry, a new…

Will Round Two of Cariou v Prince Change Art Law Forever?


Go ahead, expect more of these sweaty headlines with question marks in them. Because, with the now rather infamous Cariou v Prince case up for appeal sometime this year, we are facing another deluge of half-informed, and angrily contentious, punditry which will wash over the raw, dry, factual sands of more professional reports like a tsunami…