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Hyperallergic

Hyperallergic

Sensitive to Art & its Discontents

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Sergio Muñoz Sarmiento

Sergio Muñoz Sarmiento is an artist, writer and arts lawyer interested in the relationship between art and law. He currently teaches contemporary art & law at Fordham Law School. You may follow his quips on art & law on twitter at @Clancco_artlaw or at clancco.com.

Posted inOpinion

Sir Anish Kapoor’s Clenched Fist of Copyright, the Battle Over Fair Use, and the NRA

by Sergio Muñoz Sarmiento June 26, 2018June 25, 2018

Does an artist have the right to withhold their work when they don’t agree with the political message?

Posted inOpinion

What Happens When National Geographic Steals Your Art?

by Sergio Muñoz Sarmiento October 8, 2014October 10, 2014

National Geographic used artist Barrett Lyon’s internet image on the cover of its bookazine, 100 Scientific Discoveries that Changed the World, and in the book, The Big Idea, without Lyon’s permission.

Posted inOpinion

Appropriators Beware: The Author Is Not Quite Dead

by Sergio Muñoz Sarmiento September 17, 2014September 17, 2014

I’ve been called a lot of things (including, “lawyer”), but one thing I can be proud of is never having been called a liar.

Posted inOpinion

The Battle of Booklyn

by Sergio Muñoz Sarmiento September 12, 2014September 12, 2014

Having two entities using the same word to identify similar services is likely a problem. Case in point, Booklyn.

Posted inArt

Making Sense of the Legal Battle Over Vivian Maier’s Artworks

by Sergio Muñoz Sarmiento September 9, 2014September 17, 2014

A legal battle has ensued over who has legal rights to an artist’s photographic negatives.

Posted inNews

US Copyright Office Says Animal Authors Aren’t Protected by Copyright

by Sergio Muñoz Sarmiento August 22, 2014August 26, 2014

Earlier this month I wrote here that it would be very difficult to argue that a monkey could create a copyrightable work. Seems I was right.

Posted inOpinion

Going Ape Over a Photograph’s Copyright

by Sergio Muñoz Sarmiento August 7, 2014August 11, 2014

Apparently Wikimedia, the US-based organization behind Wikipedia, is refusing to remove an image of a monkey taken by … wait for it, wait for it … the monkey itself.

Posted inOpinion

Just Because You Can Doesn’t Mean You Should: On Marina Abramović and Unpaid Work

by Sergio Muñoz Sarmiento August 5, 2014August 10, 2014

When I read about Marina Abramović’s volunteer advertisement on the New York Foundation for the Arts (NYFA) website last week, it got me thinking about how many arts nonprofits employ the law to their benefit, and many times against an ethical grain.

Posted inArt

Judicial Activism and the Return of Modernism in the Cariou v. Prince Decision

by Sergio Muñoz Sarmiento April 29, 2013May 1, 2013

The Cariou v. Prince decision was handed down last Thursday. I have struggled with what to write primarily because I have been shocked into a catatonic state. How two intelligent minds could draft such an epic disaster is beyond any form of comprehension.

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