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Texas Tech Univ. School of Law

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Thursday, October 24, 2013

Fair Use Legal Battle Ends in a Settlement

ArtworkSculptor David Smith's estate, and sculptor Lauren Clay are in a legal dispute over fair use and moral rights regarding artwork. Clay's work has been described by Art in America as a "replic[a] [of] the shapes of Smith's large metal 'Cubi' sculptures at table top scale in materials such as paper, and with faux wood grain or marble finishes.'  Representatives from Smith's estate believe that this is a copyright violation. One of the proposed solutions pitched by the Smith estate was a ban on the sale of Clay's artwork, or display them with a disclaimer.

 

However, this week the parties reached a settlement agreement. The agreement will enable Clay to sell her artwork without restriction. Clay has agreed not to make additional pieces without Smith's permission.

See Nicholas O'Donnell, Lauren Clay, the David Smith Estate, David Dodde, and Fair Use: Are We Learning Anything?, Art Law Report, Oct. 18, 2013.

http://lawprofessors.typepad.com/trusts_estates_prof/2013/10/fair-use-legal-battle-ends-in-a-settlement.html

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