Appeals Court Dismisses Pulphus Lawsuit

Appeals Court Dismisses Pulphus Lawsuit

The U.S. Court of Appeals for the District of Columbia Circuit has dismissed Pulphus v. Ayers, the lawsuit challenging the removal of Untitled #1, a painting by St. Louis artist David Pulphus, from a U.S. Capitol high school student art exhibit. The unanimous three-judge decision did not address the First Amendment issues raised by the case. Instead, the November 30 ruling declared…

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Holiday Reception

Holiday Reception

Our annual "thank you" holiday reception will be held in the MADE, 5127 Delmar, on Thursday, December 6, 5:30 to 7:00 PM. The free event will feature self-guided tours of the new makerspace and live music by Paul Niehaus IV. RSVP here About MADE MADE stands for Makers, Artists, Designers and Entrepreneurs. The new facility, which opens later this month, will…

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The Profitable Artist

The Profitable Artist

Service organizations like the New York Foundation for the Arts (NYFA) and VLAA understand that although most artists are running small businesses, too many are unfamiliar with business concepts that can help them move towards more sustainable careers. NYFA’s second edition of The Profitable Artist draws on the Brooklyn-based organization’s many years of top-notch professional development programs. Written for artists…

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Brammer V. Violent Hues: The Internet Confronts Fair Use

Brammer v. Violent Hues: The Internet Confronts Fair Use

by Laura Marsh On June 11, 2018, the United States District Court for the Eastern District of Virginia handed down a decision that has left many copyright attorneys and experts scratching their heads. Photographer/plaintiff Russell Brammer sued production company Violent Hues Productions, LLC for copyright infringement in September of 2017, but the defendant company’s motion for summary judgment was granted based…

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Trademarking: Because A Name Isn’t Just A “Name”

Trademarking: Because a Name Isn’t Just a “Name”

by Madison Silvey A few weeks ago, many across the nation were a buzz * scratch that * a flutter when White House Press Secretary Sarah Huckabee Sanders released this tweet: Supporters and protestors alike took to the streets and to their computers to ensure that the Red Hen restaurant knew their stance on this hot-button issue. However, many of…

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Sufficient Creativity Required For Copyright Protection

Sufficient Creativity Required For Copyright Protection

by Jake Villarreal The U.S. Constitution grants Congress the power to create copyright law, which is meant to spur artistic and literary development by producing creative works. But what exactly qualifies as a creative work? The U.S. Copyright Office requires that anything receiving copyright protection have “some minimum degree of creativity.” That standard came from the U.S. Supreme Court’s decision…

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Vote ‘No’ On Proposition A

Vote ‘No’ on Proposition A

by Sue Greenberg “Please vote no on August 7.” On Monday, Jen Cody (above) and fellow cast members now appearing in The Muny’s production of Gypsy worked phone banks urging voters to defeat Proposition A. They believe, as I do, that weakened unions endanger our cultural ecosystem. Approval of Proposition A would make Missouri a “right-to-work” state. Under the misleadingly named…

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The Music Modernization Act: What It Is And What’s Next

The Music Modernization Act: What It Is And What’s Next

by Laura Marsh The Music Modernization Act (“MMA”) is a bill in Congress on its way to becoming law. It has brought together songwriters, music publishers, artists, record labels, and streaming services in an unprecedented fashion. Even though these groups typically do not see eye to eye when it comes to copyright issues, the MMA would mark a significant victory…

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Are “Selves” Necessary To Own Selfies?

Are “Selves” Necessary to Own Selfies?

by Madison Silvey Who owns a “selfie”? On April 23rd of this year, the U.S. Court of Appeals for the Ninth Circuit determined that a monkey cannot. Rewind to 2011. Naruto, a six-year-old crested macaque from Indonesia, snapped a quick photo of himself using nature photographer David John Slater’s camera. Slater, who was on assignment in Indonesia at the time, then…

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Remarks By Rep. Wm. Lacy Clay

Remarks by Rep. Wm. Lacy Clay

VLAA’s Censored at the US Capitol: Pulphus v. Ayers and Its Implications, April 30, 2018 Good afternoon everyone and thank you for that kind welcome. First of all, I want to thank Sue Greenberg and the Volunteer Lawyers and Accountants for the Arts for taking a stand in defense of David Pulphus and his 1st Amendment Right of self-expression. David…

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