ARTFUL ZONING IN THE HUDSON VALLEY On September 8, 2016, I attended the Orange County Chamber of Commerce breakfast to hear a great presentation by my partner, Gary Schuster, and Adam Demchak from Polich/Tallix Foundry, discussing the economic and cultural benefits associated with the many creative arts associated businesses, entrepreneurs, artists and non-profits operating in…
In New York, artists and crafts people are protected by the New York Arts and Cultural Affairs Law. Galleries and dealers that take artworks and crafts on consignment from their creators are burdened with a fiduciary duty for the benefit of the creators. The law provides that the purchase price is held by the gallery…
Who wrote the song “Happy Birthday”? Who has the copyright? It is reported that the most frequently played song in the world is “Happy Birthday”. Can anyone sing it, play it, record it, rebroadcast it? Can anyone use it for commercial purposes without having to pay royalties? The answers to the above questions were recently…
Copyright applies to “works of authorship” and gives authors the sole and exclusive right to reproduce, to publicly display or perform, to distribute, and to prepare new works which are based upon or derived from the original work. Generally, the duration of copyright is the life of the author plus 70 years. Works of architecture…
The internet is sprawling, boundless and seemingly chaotic and amoral, with websites beyond counting and many devoted to gambling, pornography and other subjects unfit for polite company. But it is not utterly lawless. A year ago I blogged about success we had using a quick arbitration proceeding to recover a domain name from a cybersquatter….
Cariou vs. Prince, a court case of interest to artists of all kinds, was handed down April 25, 2013, by the influential U.S. Court of Appeals for the Second Circuit in New York. The court held that the use of photographs, taken by photographer Cariou, as the basis of artwork by artist Prince, came within…
