Resale Rights for Artists: New Developments

Canada may soon join France, the UK and more than 90 other countries in implementing a system of resale royalties for artists. Under the droit de suite (literally, “right to follow”), artists in those countries have a legal right to recoup a percentage of resales of their works. The droit de suite has never been […]

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Copyright Infringement of Photographs and Reclaiming Publicity Rights Through NFTs

Carolyn Wimbly Martin and Margaret Horstman

Richard Prince is a controversial artist known for appropriating third party images. Prince initially drew criticism in the 1980s when he took a photograph of a Marlboro advertisement and simply removed the word “Marlboro” from the picture. One of Prince’s appropriated Marlboro pieces earned him more than a million dollars in 2005 and another earned […]

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NFTs: A 2021 Internet Craze or a Fundamental Shift in How We Think of Digital Property and Copyright Law?

Non-fungible tokens (NFTs) have existed since 2017, but in March 2021 they became a household word. In the following weeks a number of issues came to light, which may suggest that the future of NFTs will not live up to the initial hype. An NFT is a digital property existing on a secure network of […]

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