Katie and Steve talk to Philippa Loengard, copyright expert and Director of the Kernochan Center for Law, Media and the Arts at Columbia Law School, about the much-anticipated Supreme Court decision in Andy Warhol Foundation v. Goldsmith,&nbsp;which resets and limits the applicability of “transformative” fair use as an exception to copyright infringement. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:  TikTok:

SCOTUS Says Warhol Not So Fast: The Limitations of Transformative Use

Katie and Steve speak with WIPO economists Alexander Cuntz and Matthias Sahli about their recent article, Intermediary liability and trade in follow-on innovation,&nbsp;published in the Journal of Cultural Economics in February 2023. Their research looks at how intermediaries in the art market altered their behavior after the Second Circuit’s decision in&nbsp;Cariou v. Prince, which was seen as greatly expanding permissible fair use in appropriation art. THIS PODCAST WAS RECORDED BEFORE THE SUPREME COURT’S DECISION IN THE&nbsp;WARHOL&nbsp;CASE, WHICH PULLED BACK ON THE TRANSFORMATIVE USE ANALYSIS FOR COPYRIGHT FAIR USE. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:  TikTok:

Do Market Players React to Court Decisions Impacting Art?

Steve and Katie speak with Dr. Carina Popovici, CEO and Founder of Art Recognition, an art and technology startup that uses AI systems to evaluation the authenticity of artworks. They discuss the problems with authentication in the traditional art market and the promise and limitations of AI in solving these problems along with some real-world examples. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:  TikTok:

What Can Artificial Intelligence Offer Art Authentication?

Steve and Katie talk with their colleague Tom Kline about his client, the Massachusetts Charitable Mechanic Association (MCMA), and its decades-long quest to reclaim the dramatic marble statue The Wounded Indian by Peter Stephenson, modeled after the Roman sculpture The Dying Gaul. MCMA was founded by Paul Revere in 1795 and was gifted the statue in 1893. After vacating its storied headquarters in 1958, MCMA was told the statute had been destroyed. Only in 2023 did it get the statue back. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:  TikTok:

Returning "The Wounded Indian" Statue to Massachusetts

Katie and Steve talk with renowned art lawyer Pierre Valentin about the EU’s new and striking import regulations on cultural goods, including fine art and cultural property, that prohibit the import of applicable items not created in the EU into the EU if they cannot be shown to have been legally exported from their countries of origin. We discuss the impetus for these regulations, the problem with discerning ownership and export history of cultural property, and the key problems with the new regulation’s successful implementation and enforcement. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:  TikTok:

New Hurdles to Importing Art in the EU

Steve and Katie take a look at the many developments around generative AI and fine art, including debates and litigation on copyrightability and infringement as well as the policy concerns surrounding increased use of generative AI to create artworks. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:  TikTok:

2023 AI and Art Wrap Up

Katie and Steve discuss three recent litigation updates. They discuss the outcome of the trial in the case brought by Dmitry Rybolovlev against Sotheby’s for aiding in the alleged fraud of Yves Bouvier, the most recent Richard Prince fair use copyright infringement cases brought by two photographers, and the Ninth Circuit decision applying Spanish law to deny return of a Pissarro painting to the family of Lily Cassirer, whose property was looted by the Nazis and is currently located in a Spanish museum. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:&nbsp; TikTok:&nbsp;

Art Law Litigation Updates: Fraud, Fair Use, and Nazi Looting

Katie and Steve take a deep dive into the history and current status of the Parthenon Marbles with Alexander Herman, director of the Institute of Art and Law in London and author of the recent book&nbsp;The Parthenon Marbles Dispute: Heritage, Law, Politics. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:&nbsp; TikTok:&nbsp;

The Parthenon Marbles Dispute

Katie and Steve speak with colleague Eden Burgess about the Native American Graves Protection and Repatriation Act (NAGPRA), its history, purpose, and requirements to repatriate cultural property and human remains to Native American tribes and Native Hawaiian Organizations, as well as new regulations that are leading major museums to remove or close exhibitions of Native American and Hawaiian objects while taking action to implement NAGPRA in consultation with tribes that have ownership claims. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:&nbsp; TikTok:&nbsp;

The Native American Graves Protection and Repatriation Act Gets Some Teeth

Steve and Katie talk with their colleague, Tom Kline, about the Nazi’s program of remaking European culture, the enormous theft and displacement of art that occurred as part of that program, and the efforts of the heirs of Jews displaced during World War II to reclaim art and cultural property. The discussion focuses on the Washington Principles, the updated best practices issued upon their 25th anniversary, and how claims for restitution have changed over this time. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:&nbsp; TikTok:&nbsp;

The 25th Anniversary of the Washington Conference Principles and Where We are on Nazi-Looted Art

In this episode of the podcast,&nbsp;Steve and Katie&nbsp;are&nbsp;in conversation with Jason Bailey, the founder of the Artnome blog and host of the Dank Rares blockchain art podcast about&nbsp;technology and fine art.&nbsp; With a background in art and tech, Jason is one of the foremost authorities on art and technology.&nbsp; The conversation with Jason is wide-ranging from blockchain,&nbsp;provenance,&nbsp;smart contracts,&nbsp;digital art, cryptocurrency, blockchain-driven auctions, privacy, and generative art.  Resources: https://www.artnome.com/ http://dankrares.com/  https://www.christies.com/exhibitions/2018/art-and-tech-summit-exploring-blockchain https://superrare.co/ https://www.cryptokitties.co/ https://portion.io/  https://hyperallergic.com/468060/christies-sells-ai-generated-art-for-432500-as-controversy-swirls-over-creators-use-of-copied-code/ http://rarepepedirectory.com/  https://www.theparisreview.org/blog/2018/01/23/much-pepe-scenes-first-rare-digital-art-auction/  Episode Transcription Steve Schindler:&nbsp; Hi, I’m Steve Schindler. Katie Wilson-Milne:&nbsp; I’m Katie Wilson-Milne. Steve Schindler:&nbsp; Welcome to the Art Law Podcast, a monthly podcast exploring the places where art intersects with and interferes with the law. Katie Wilson-Milne:&nbsp; And vice versa.&nbsp; The Art Law Podcast is sponsored by the law firm of Schindler Cohen &amp; Hochman LLP, a premier litigation and art law boutique in New York City. Jason Bailey:&nbsp; I think a lot of times I go to these conferences and people are like, "someday, we will buy machine learning artwork,” and “someday, we will be able to do it on the blockchain,” or “someday, there’ll be this secondary market commission.”&nbsp; It's all already happening. Steve Schindler:&nbsp; So, we are thrilled to have Jason Bailey on the podcast with us today.&nbsp; Jason, who is the host of the Dank Rares blockchain art podcast, describes himself as an artist turned analytics nerd.&nbsp; He is the founder of the Artnome blog and the creator of a database of the -- in his words, world's best known artists.&nbsp; With an MFA from Massachusetts College of Art and Design and 20 years of experience in the tech world, he is now at the forefront of thinking about blockchain in art as well as artificial intelligence in art.&nbsp; And, I started to notice, Jason, that you are a speaker at virtually every conference about blockchain and art.&nbsp; So, welcome to the podcast.&nbsp; Jason, tell us a little bit about yourself and how do you got so interested in art and tech and came to this work. Jason Bailey:&nbsp; Great, yeah, thanks Steven and Katie for having me on the podcast.&nbsp; So, I actually -- I grew up in a family of engineers where my dad was an engineer and my older brother became an engineer and my younger brother became an engineer.&nbsp; and, I decided from a very young age that I wanted to be an artist.&nbsp; So, I was definitely the black sheep within my family.&nbsp; Pretty much every dinner conversation was about new technology and, you know, math and all these things that really weren't of interest to me, but I ended up going to school for painting and sculpture and, you know, essentially studio art and double majoring in art history.&nbsp; And, like a lot of students in art, after I graduated, I realized that I had to like pay for food and pay rent and I got married pretty young.&nbsp; And, there weren't a lot of opportunities out there to sort of be a working artist, and so I caved in and went to the family trade and worked in tech for 20 years or so and took a break midway through -- actually not really a break, but went to school nights and get my MFA because I sort of missed being around artists.&nbsp; But, it's always just sort of been natural for me to have one foot in tech and one foot in art. Steve Schindler:&nbsp; So, tell us a little bit about Artnome then.&nbsp; How did you come to create it? Jason Bailey:&nbsp; Yeah.&nbsp;...

Technologizing Fine Art

The Art Law Podcast hosts discussions about topics at the intersection of art and law with art lawyers Steve Schindler and Katie Wilson-Milne and their distinguished guests.

Technologizing Fine Art

The Art Law Podcast

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