Art Law Report

"Fearless Girl" Sculpture Near Wall Street Prompts Copyright Allegation That is More Bull than Bear

Posted by Nicholas O'Donnell on March 29, 2017 at 5:06 PM
The sudden appearance near Wall Street on March 8, 2017 of The Fearless Girl, a bronze life-sized depiction of a roughly ten-year old girl staring defiantly at the famous Charging Bull sculpture has prompted headlines throughout the world.  Now, a defender of Charging Bull has leveled an accusation of copyright infringement against the sculptor of The Fearless Girl, an allegation that misapprehends how copyright law affects the interplay between works of visual art.  In short, the recent sculpture is conclusively (1) not infringement of Charging Bull, but even if it were (2) would equally clearly be considered a fair use.  This example from the headlines is thus instructive to review what copyright does, and does not, cover when commentary and political statements are at issue.

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Topics: Copyright Act, Copyright Fair Use, The Fearless Girl, New York Stock Exchange, Charging Bull, Arturo Di Modica, Mr. Robot, Kristen Visbal, International Women’s Day, State Street Global Advisors

Art Law This Week at the City Bar: “Copyright Fair Use: The Importance of Being Transformative” and “Hot Topics in Art Law 2014”

Posted by Nicholas O'Donnell on March 10, 2014 at 12:10 PM

Looking forward to two great art and law events this week at the New York City Bar, both at 42 West 44th Street. Hope to see many of you there!

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Topics: consignment, Cariou v. Prince, Judith A. Bresler, The Importance of Being Transformative, Copyright Fair Use, P.C., Judith Prowda, authentication, Kirkland & Ellis LLP, Dean R. Nicyper, Howard N. Spiegler, Authenticity Issues and Recent Developments, Stacy Lefkowitz, Has Transformative Use Gone Too Far?, Berkeley Center for Law and Technology, Google Books, The Law Applicable to Art Consignments, Garcia v. Google, Restitution, Dale Cendali, Pamela Samuelson, Copyright, Cowan Liebowitz & Latman, Visual Arts and the Law, Berkeley Law School, Judge Denny Chin, Sotheby’s Institute, Fair Use, Richard Dannay, Art Repatriation and Restitution

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