” No matter how many owners that work has, the copyright always remains with the artist (at least, it does until 70 years after their death). You’d be surprised how many people think that owning a Warhol gives them the right to make merchandise off of it! But no matter how many Warhols you own, if you want to make an Andy Warhol t-shirt, you’ve got to go through the magnificent Andy Warhol Foundation for the Visual Arts, which operates the artist’s estate, is the bearer of his copyrights, and uses the proceeds from both to fund wonderful exhibitions across the country.Ĭopyright is granted to a creator the moment the work is “ fixed in a tangible medium of expression. Rest assured that your scenario is something that we contemplate often. We like to kick around the term “NFT-able” here at the ole ARS offices. Can the owner of that piece of art make an NFT of it, which would obviously require making a digital reproduction? I have a cool original that I am thinking of NFT’ing (is that a word?). When you say, “if you want to make an artwork that’s not your own, you need to go to the source to get permission,” it seems like you weren’t contemplating this scenario: What if someone is not the artist but owns the original work of art? They do own it, legally, though it’s not their creation. I can’t seem to reconcile NFTs with my understanding of intellectual property. It’s embarrassing for me to ask you this, because I graduated from law school and have been licensing content for 20 years, but I don’t work with fine art and the whole NFT thing confuses me. Katarina Feder, a vice president at Artists Rights Society, is answering questions of all sorts about what kind of control artists have-and don’t have-over their work.ĭo you have a query of your own? Email and it may get answered in an upcoming article. The refiled lawsuit once again names Nirvana band members Dave Grohl and Krist Novoselic, as well as Kurt Cobain’s widow Courtney Love (the executor of Cobain’s estate), as defendants, along with photographer Kirk Weddle, Nirvana L.L.C., Universal Music Group, UMG Recordings, MCA Records and The David Geffen Company.Have you ever wondered what your rights are as an artist? There’s no clear-cut textbook to consult-but we’re here to help. 3 due to missed deadlines, but Elden and his representation were given 10 days to amend the complaint and refile it.
Spencer Elden, the man whose baby picture was used on the album cover for Nirvana’s “ Nevermind,” has refiled a lawsuit alleging the cover image was taken and used without his consent and the nudity amounts to child pornography.
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