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Copyright Violation vs. Free Expression
Transformative use in the US and Europe
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Program:
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John Baldessari titles his parody sculptures Giacometti Variations.
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Andy Warhol sells a traced picture of Mickey Mouse.
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Jeff Koons copies photos from catalogs, commissions a 3-D sculpture of a photo of puppies.
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Samson Kambalu reproduces an entire archive of more then 30,000 documents and artworks of another artist for a parody work and exhibits it at the Venice Biennale.
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Roberto Saviano includes newspapers articles in his book Gomorra, without crediting the journalists.
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Richard Prince sells third party Instagram photos for $100,000.
Courts in the US and the EU apply different standards in balancing the original artist's copyright rights against the appropriationist's right of free expression. While US courts have all but declared the appropriationist's intent irrelevant, recent EU decisions analyze the concept, artist's intentions and the public's understanding of the original and new works.
The presentation will compare and contrast recent EU and U.S decisions on appropriation art, freedom of expression, parody. etc. Massimo Sterpi specializes in the intellectual property area, where he has substantial experience in both transactional matters and litigation concerning trademarks, designs, copyright and patents. In particular, he advises on major transactions involving IP rights, complex issues involving new technologies and media. He has litigated hundreds of infringement cases, most involving famous brands, designs, patents and copyrights, both before national and foreign courts, including the European Court of Justice.
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Presenter:
Massimo Sterpi specializes in the intellectual property area, where he has substantial experience in both transactional matters and litigation concerning trademarks, designs, copyright and patents. In particular, he advises on major transactions involving IP rights, complex issues involving new technologies and media. He has litigated hundreds of infringement cases, most involving famous brands, designs, patents and copyrights, both before national and foreign courts, including the European Court of Justice.
Massimo graduated in law with honours from the University of Turin in 1989 and with a Post-graduate Diploma in UK and EC Law of Copyright and Related Rights from King's College, London, in 2000. He was a visiting lawyer at Linklaters & Paines, London (1994) and Klaka & Partner, Munich (1995). He was admitted to the (Turin) Bar in 1996 and to the Supreme Court, Italy, in 2008. He is a member of the Advisory Board of the Venice Peggy Guggenheim Collection and of the Italy-USA Relations Council.
In 2011 he was voted "Lawyer of the Year for IP" by the well-known magazine Top Legal. He has edited or contributed to a number of publications on IP and art law topics, mostly in foreign languages and is a frequent speaker in national and international conferences.
Brought to you in part by the PEN CENTER
These workshops are made possible, in part, from the Los Angeles County Board of Supervisors through the Los Angeles County Arts Commission; The City of Los Angeles, Department of Cultural Affairs; and the California Community Foundation. Additional support provided by the California Arts Council.
