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Center for Art Law Case Law Updates

The following case selection first appeared in this week's Center for Art Law newsletter:

Viktor v. Lamar, No. 18-cv-1554 (S.D.N.Y. Feb. 20, 2018). Visual artist Lina Iris Viktor sued musical artists Kendrick Lamar, SZA, and Top Dawg Entertainment, for allegedly using Viktor's art to create a scene in the music video for "All the Stars," the lead single for the Black Panther soundtrack. Viktor further alleges that she was approached by representatives two times for the use of her art in and promotion for the movie. However, she turned them down both times. Viktor alleged copyright infringement, contributory copyright infringement, and vicarious contributory infringement against the defendants, and demanded a declaration that defendants violated the Copyright Act, a permanent injunction on defendant's use of her works, and damages. The Complaint can be read at: https://www.google.com/url?hl=en&q=https://itsartlaw.us2.list-manage.com/track/click?u%3D78692bfa901c588ea1fe5e801%26id%3D976b48793f%26e%3D8a2eda70d8&source=gmail&ust=1523553058991000&usg=AFQjCNEbdlgWRPJVezoIQX8YzQQcdn4h0g.

Rentmeester v. Nike, Inc., No. 15-35509 (9th Cir. Feb. 27, 2018). The Ninth Circuit affirmed dismissal of plaintiff photojournalist's copyright infringement suit against defendant Nike. The plaintiff alleged that Nike's "Jumpman" logo infringed on a photograph he took of Michael Jordan mid-dunk with the ball raised above his head. The court held that while the plaintiff had a copyright for the photograph and the way the pose was expressed in it, the pose itself was not subject to copyright protection. The court further held that the logo was not substantially similar to the photograph, and thus Nike had not copied enough of the plaintiff's work to constitute unlawful appropriation. The full decision can be read at: http://cdn.ca9.uscourts.gov/datastore/opinions/2018/02/27/15-35509.pdf?mc_cid=b08d62be6a&mc_eid=8a2eda70d8.

Reif, Fraenkel, and Vavra v. Nagy, No. 161799/2015 (N.Y. App. Div, April 5, 2018). The New York Superior Court awarded title of two Egon Schiele paintings (https://www.theartnewspaper.com/news/richard-nagy-ordered-to-return-egon-schiele-watercolours-to-heirs-of-holocaust-victims?mc_cid=b08d62be6a&mc_eid=8a2eda70d8) to the heirs of Holocaust victim Franz Friedrich, in application of the Holocaust Expropriated Art Recovery (HEAR) Act 2016, which expands federal statute of limitation for Nazi-era looted art to six years. The full decision can be found at: https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=ArwgFNvrArm9vdnLCoM5nw==&system=prod&mc_cid=b08d62be6a&mc_eid=8a2eda70d8.

Beale v. Wallace Gallery et al, No. 2:2018cv00871 (E.D.N.Y, Feb. 8, 2018). The cousin of Jackie Onassis Kennedy
filed a lawsuit against the owners of a portrait of the First Lady in her teenage years, alleging that it was stolen from the East Hampton family estate in the course of a theft in the 1970s that was never reported. https://www.nytimes.com/2018/02/15/nyregion/jackie-kennedy-onassis-painting-lawsuit.html?mc_cid=b08d62be6a&mc_eid=8a2eda70d8

The Center for Art Law strives to create a coherent community for all those interested in law and the arts. Positioned as a centralized resource for art and cultural heritage law, it serves as a portal to connect artists and students, academics and legal practitioners, collectors and dealers, government officials and others in the field. In addition to the weekly newsletter (http://cardozo.us2.list-manage.com/subscribe?u=78692bfa901c588ea1fe5e801&id=022731d685), the Center for Art Law subscribers receive updates about art and law-related topics through its popular art law blog (http://itsartlaw.com/blog/)and calendar of events (http://itsartlaw.com/events/). The Center for Art Law welcomes inquiries and announcements from firms, universities and student organizations about recent publications, pending cases, upcoming events, current research and job and externship opportunities. To contact the Center for Art Law, visit our website at: www.itsartlaw.com or write to itsartlaw@gmail.com.

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This page contains a single entry from the blog posted on April 11, 2018 1:10 PM.

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