by Amineddoleh & Associates LLC | Nov 20, 2024 |
The team at Amineddoleh & Associates, LLC is proud to announce that our founder has been ranked on the Observer’s Business of Art Power List for her work as one of those “bold innovators steering today’s art world through shifting markets, new collector dynamics and cultural reinvention.”
The publication remarks on Leila’s “reputation for change-making by handling high-stakes cases concerning everything from Nazi-looted art restitution to multimillion-dollar art-backed loans.” The Observer reminds readers of our founder’s third-year ranking in the Chambers High Net Worth Guide this year.
Leila is also lauded for her work as a mediator for MediateArt, using her “knowledge of the art world to guide contract negotiations and untangle delicate disputes.” Ultimately, the Observer states: “[a]s long as there are art world power plays, Amineddoleh’s influence will remain woven into the fabric of the industry—bringing a necessary rigor to an often murky market.”
We congratulate our founder, Leila Amineddoleh, on this remarkable accomplishment. Read the article here.
by Amineddoleh & Associates LLC | Nov 11, 2024 |
Developments in artificial intelligence (“AI”) are occurring at break-neck speed; just as this technology is rapidly evolving, the law is attempting to catch up. In the summer of 2023, our founder presented a lecture on the topic of AI and intellectual property law for Holo Art Collective. Since last year’s talk, “The Future of Copyright in AI Art,” there have been a flurry of AI developments and copyright law clarifications.
According to 15 U.S. Code § 9401, artificial intelligence is a “machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments.” 15 U.S.C. § 9401. A type of AI, generative artificial intelligence (“GAI”), is defined as “an algorithm that generates new outputs based on the data it has been trained on. … Generative AI creates new content in the form of images, text, audio, and more.” AI Terms for Legal Professionals: Understanding What Powers Legal Tech, LexisNexis Legal Insights, March 23, 2023. GAI programs like DALL-E 2, Stable Diffusion, and Midjourney allow “artists and enthusiasts to produce innumerable works of great visual interest with simple textual instructions.”
These tools have revolutionized the way artists create. Take musical genius Paul McCartney, who used artificial intelligence to help revive the cassette audio of the late John Lennon. McCartney and Ringo Starr used this breakthrough technology to help produce The Beatles’ final song Now and Then – the band’s first release since 1995. Remarkably, Now and Then just made history as the first AI-assisted song to earn a Grammy nomination.
However, as AI enters a new era in the world of artistic creation, it’s worth remembering that the technology also has a dark side. Most notably, AI has spurred the creation of “deepfakes” or manipulated media that creates “realistic digital impersonations, avatars, or derivative images based on pre-existing source material.” For example, a creator called “Ghostwriter” wrote and released a song called “Heart on My Sleeve” using both Drake’s and the Weeknd’s voices. To the shock of the music industry, the song was submitted to the Grammy’s this year. Recording Academy CEO Harvey Mason Jr. told The New York Times, “It’s absolutely eligible because it was written by a human.”
This argument goes to the heart of burgeoning copyright law and the use of AI for creative works. In a blow to creators of AI-generated content, the U.S. Copyright Office reversed its decision last year to protect AI creator Kristina Kashtanova’s graphic novel, Zarya of the Dawn. The text of the book was written by Kashtanova, but the images were all generated by Midjourney, a generative AI program. Although the Copyright Office initially granted registration to Kashtanova, it withdrew it after learning that the images in her book were AI-generated. According to the Copyright Office, the basis for rejection was the lack of human authorship “[A]uthorship is protected by copyright. However…the images… are not the product of human authorship.” U.S. Copyright Office Review Board, Letter Response to Previous Response Seeking Additional Copyright Information for Zarya of the Dawn Registration # VAu001480196 (Previous Correspondence ID: 1-5GB561K).
Then in August of last year, a U.S. District Court upheld the Copyright Office’s denial of registration for another AI-generated work. In 2018, Stephen Thaler applied for a copyright for an artwork created by a computer system named “Creativity Machine.” The Copyright Office denied the application because the work “lack[ed] the human authorship necessary to support a copyright claim,” noting that copyright law only extends to works created by human beings, and the work in question was created solely by Creativity Machine. Thaler v. Perlmutter, 687 F. Supp. 3d 140, 143 (D.D.C. 2023). Thaler twice requested reconsideration, but they were denied both times. Finally, Thaler challenged this decision in the U.S. District Court of the District of Columbia.
“A Recent Entrance to Paradise,” created by the Creativity Machine
As the Court stated, Thaler “attempts to complicate the issues presented by devoting a substantial portion of his briefing to the… the work-for-hire doctrine.” Id. at 145. Importantly, the Court stated, “Copyright is designed to adapt with the times. Underlying that adaptability, however, has been a consistent understanding that human creativity is the sine qua non at the core of copyrightability.” Id. at 146. The DC Circuit emphasized that even as technology evolves and provides tools to artists, a human component is essential. The court noted, “[c]opyright has never stretched so far, however, as to protect works generated by new forms of technology operating absent any guiding human hand, as the plaintiff urges here. Human authorship is a bedrock requirement of copyright.” Id. at 146.
Judge Beryl A. Howell points back to the origins of copyright law in U.S. jurisprudence. She states that the requirement is part of the “plain text” of the Copyright Act. Id. at 146. The Act protects “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” 17 U.S.C. § 102(a). The court urges that “The ‘fixing’ of the work in the tangible medium must be done ‘by or under the authority of the author.’” Thaler, 687 F. Supp. 3d at 147 (quoting 17 U.S.C. § 101).
The court found that eligibility for copyright necessitates an actual “author,” and that the author must be a human being. Thaler, 687 F. Supp. 3d at 147. As such, the Copyright Office’s rejection stands. Thaler is currently appealing the decision.
Numerous other disputes have been settled during the past year, partly due to uncertainties in the law concerning AI-generated material. One matter, Main Sequence, Ltd. et al v. Dudesy, LLC et al, 2:24CV00711, was settled between the estate of comedian George Carlin and two podcasters who purportedly used AI to create a Carlin comedy special that was aired on YouTube. As part of the settlement, the podcasters removed the material from all platforms. They also reportedly agreed to permanently stop using Carlin’s image, voice, or likeness in any future podcast without consent.
The scope of AI’s effects can be seen across most industries. Dozens of other matters have been filed, with parties including news organizations, tech companies, politicians, fashion companies, record labels, artists, and authors. Therefore, it is not surprising that government agencies, including the US Executive Office, have addressed the role of AI in the realm of intellectual property.
As previously discussed in our blog (which includes a helpful fact sheet) earlier this year, the US President addressed AI usage. In October 2023, the Biden-Harris administration released the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The order broadly defines “AI” as “a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.” Exec. Order No. 14110, 88 Fed. Reg. 75191 (Oct. 30, 2023) (citing 15 U.S.C. 9401(3)). It also acknowledges that the Executive Offices “places the highest urgency on governing the development and use of AI safely and responsibly.” Exec. Order No. 14110, 88 Fed. Reg. 75191 (Oct. 30, 2023). As such, the order directs government agencies to abide by eight policies and principles to advance and govern the development and use of AI.
The U.S. Patent and Trademark Office (“USPTO”) has also addressed the use of AI. The USPTO states on its website that it is “focused on incentivizing more innovation, inclusively and in key technology areas such as artificial intelligence (AI) and other emerging technologies (ET) …protecting that innovation and bringing it to impact to enhance our country’s economic prosperity and national security and to solve world problems.” United States Patent and Trademark Office, Artificial Intelligence, https://www.uspto.gov/initiatives/artificial-intelligence.
Importantly, the US Copyright Office addresses AI-generated works in its bulletin, Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence. 37 C.F.R. § 202 (2023). The bulletin provides instructions on how to properly apply for works containing AI-generated material.
Even the Federal Trade Commission launched an inquiry into generative AI investments. In January 2024, the FTC announced the issuance of orders to five companies (Alphabet, Inc.,Amazon.com, Inc., Anthropic PBC, Microsoft Corp., and OpenAI, Inc.) requiring them to submit information concerning investments and partnerships involving generative AI companies and major cloud service providers. While the agency recognizes that “new technologies can create new markets and healthy competition,” the FTC also has a role in guarding against tactics that would undermine fair competition.
These concerns are not unique to the U.S. The World Intellectual Property Organization (WIPO) has long considered the effects of AI on intellectual property and has questioned whether AI innovation needs the incentives generally associated with intellectual property, and if the advent of AI necessitates changes to long-standing IP principles and frameworks.
These are questions that creators, attorneys, and governments will be grappling with during the coming years and decades, as they balance the interests of AI, the law, and ethics.
by Amineddoleh & Associates LLC | Oct 28, 2024 |
Art and artifact collectors, like the objects they possess, come in all shapes and sizes. Some collectors seek wood carvings, or lithographs, paintings, dolls, memorabilia, stamps or coins. A lesser-known obsession for some collectors, however, are those objects that have paranormal pasts, haunted histories, or cursed beginnings.
The former New Orleans mansion of alleged serial killer Marie Delphine Macarty or “Delphine LaLaurie.” Are those ghosts in the windows? Photo copyright: Leila Amineddoleh
One collector of the macabre is the always eccentric and very talented Nicholas Cage, an actor extraordinaire who has made headlines with his haunted purchases. One of the most famous, a haunted New Orleans mansion of a former female serial killer, was just sold again – this time for $6 million. The house has exchanged hands frequently since arson investigators uncovered a human graveyard in the attic. The killer, socialite Delphine LaLaurie, supposedly murdered countless slaves in the house in the 1800s before fleeing (allegedly to France) during a fire in 1834. The house has been featured in shows like American Horror Story and is the stuff of local legends. It has been called the most haunted house in America.
Nicolas Cage also drew attention for the construction of a pyramid-shaped tomb in a haunted New Orleans cemetery. The pyramid, which some say resembles the logo of a famous Cage film National Treasure, has been the subject of fierce controversy among locals since its installation. Some say the actor made secret deals with the Catholic church to destroy the historic graves underneath and install the tomb. Regardless, the tomb is seen as a kind of sacrilege to local historians who have struggled to preserve the historic St. Louis Cemetery No. 1. But Cage doesn’t seem fearful of spirits. In fact, he even slept in Dracula’s Castle while in Romania.
Another famous long-time collector is John Zaffis. He shares a similar fascination with haunted objects and locations. Zaffis is the director of the Paranormal Research Society of New England, host of the former SyFy show, Haunted Collector, and the owner and curator of the Museum of the Paranormal. Objects at the museum range from an antique clown, to a grandfather clock, to The Book of Shadows. All artifacts have a creepy, haunted, or cursed provenance.
Not surprisingly, Las Vegas is also home to a Haunted Museum full of notoriously haunted objects. The museum is curated by American paranormal investigator Zak Bagans and holds something called the Devil’s Rocking Chair and a cursed wine cabinet called “The Dibbuk Box.” That cabinet inspired a book by the same name. The true story, written by the curator of a Missouri medical museum, Jason Haxton, details the terrifying series of events that unfolded after he purchased the box on Ebay. The box, said to be inhabited by a spirit, was also the inspiration for the Hollywood film Possession.
Famous (yet controversial) paranormal investigators Ed and Lorraine Warren who inspired the Conjuring were also collectors of haunted objects. The Warren Occult Museum is said to hold the original “Annabelle” doll and other objects, although reviewers say the entire experience is a scam. However, their “Annabelle” doll isn’t the only one with reported powers.
Robert the Doll reclines in a chair. Courtesy: robertthedoll.org
“Robert the Doll” has been haunting people’s imaginations (or realities…) for decades. He was created at the turn of the century in 1904 by the Steiff Company who gifted the doll to a Key West boy named Robert Eugene Otto. The doll stands around 40 inches tall and is filled with wooden wool. It once was painted with features similar to a jester, but over time those features have been worn away. Robert the Doll is dressed in a sailor outfit that once belonged to Otto.
Otto developed a unique relationship with the doll. Reportedly they were “best friends” growing up. Local lore says voodoo played a large part of Otto’s formative years, which may play into the doll’s alleged mystique. During that time, Robert the Doll was said to be involved in “strange and somewhat alarming events.” Otto’s parents often heard their son speaking to the doll and getting responses back in a totally different voice. Robert also supposedly changed his expressions when Otto spoke to him.
Despite disturbing stories of his childhood, Otto grew to become a prominent artist and designed the art gallery at the Fort East Martello Museum in Key West. The doll remained with Otto throughout his life, and stayed with Otto at his residence called the “Artist House.” Otto’s wife was reportedly frightened of the doll and banished it to the attic. Soon after, neighborhood children report seeing the doll looking out the window and mocking them as they walked by. Still today, visitors to the Artist House allege hearing footsteps in the attic and childish giggling.
A close-up of the Great Bed of Ware. Courtesy: Victoria and Albert Museum
Haunted objects aren’t just kitsch, but they have made their way into world-class museums. The Great Bed of Ware at the Victoria & Albert Museum in London is another allegedly haunted object. The bed, constructed around 1590, was most likely made as a tourist attraction for an inn in Ware, Hertfordshire. Guests carved their initials in the wood or applied red wax seals to mark their stay in the bed, all of which are still visible today. It is said, however, that the bed’s occupants did not find much rest. The carpenter that built the bed supposedly haunted any non-royal guests who seek rest under its canopy. Guests would allegedly find themselves scratched, pinched, and beaten about. Some even woke up with bruises.
The Great Bed of Ware is unusually large. The flamboyant design, typical of the late-Elizabethan period, includes various Renaissance symbols like acanthus leaves, strapwork, lions, and satyrs. Figures carved in the headboard and underside of the wooden canopy have traces of paint, which indicate that the bed may be brightly colored.
The first mention of the bed in literature was in 1609, when Ben Jonson referred to it in his Renaissance comedy Epicoene. The bed was even mentioned in Shakespeare’s Twelfth Night when Sir Toby Belch describes a sheet of paper as “… big enough for the Bed of Ware!” The object is the most expensive to be purchased by the museum, and it still attracts curious onlookers today.
This Halloweek, we hope you enjoyed some collections of spooky and possessed. We implore you to read some more of our blog posts about cursed provenance, if you dare. Happy Halloween from Amineddoleh & Associates LLC!
by Amineddoleh & Associates LLC | Oct 10, 2024 |
For the past month we’ve been lucky to work with Shelby Rose, our new Legal Intern. Shelby brings to the firm her incredible journalism experience, impressive legal qualifications, and a passion for art. Read more about her HERE. Welcome Shelby!
by Amineddoleh & Associates LLC | Sep 20, 2024 |
I love my job. I love being an art lawyer. I am grateful for the opportunity to work with artists, collectors, and art market participants. I am honored to have represented sovereign governments in landmark cultural heritage matters, including Italy and Greece. When I’m not working, my thoughts often return to art. Somehow, I never escape from work, even when I’m on vacation. And so it seems that every trip confronts me with art crime issues. But then again, I seem to pursue art stories everywhere I go.
ART CRIME IN ITALY
La Serenissima. Copyright: Leila A. Amineddoleh
During a recent week away from the office, I traveled to Italy (one of my favorite places in the world, a country I have the privilege of representing, and the country with the greatest number of UNESCO World Heritage Sites). As my family and I meandered through the Veneto, we stopped in lovely towns that all played host to art crimes. One was Treviso, the site of a forgery scandal involving the sale of hundreds of millions of dollars of forged paintings. Another stop was Venice. Affectionately known as La Serenissima, it has been the beautiful backdrop of numerous art crimes, including one particularly brazen theft from the wrongly named “Gentleman Thief.” (Can a thief ever truly be a gentleman?) I referenced another well-known crime, the theft of a14th-century folio from an illuminated manuscript by Doge Andrea Dandolo, in an article I wrote for Artsy back in 2020.
Palladian architecture in Vicenza. Copyright: Leila A. Amineddoleh
Sadly, a more recent art crime in the Veneto involved two American soldiers who epitomized the recent trend of bad tourism. Last year, the soldiers foolishly spray painted graffiti onto Vicenza’s basilica, designed by famed Andrea Palladio (considered by some to be the father of modern architecture. The town of Vicenza, a literal open-air museum of Italian Renaissance architectural gems, has taken this matter seriously. The soldiers now face jail time and heavy fines.
VERONA AND ART THEFTS
Altarpiece by Andrea Mantegna. Copyright: Leila A. Amineddoleh
For me, the art crime winner (or more accurately, the loser) is Verona. Serving as the inspiration for the Bard’s Two Gentlemen of Verona and Romeo and Juliet (many of the city’s establishments are more than happy to post Shakespearean references), Verona has long been one of my favorite places in Italy. Besides literary inspiration, the city is known for its 2000-year-old intact pink-hued arena. One of the best-preserved ancient structures of its kind, the town still hosts live events in the theatre. Its summer opera festival is world famous. Its magic and beauty have moved people for centuries.
Sadly, Verona has also inspired art crimes. During the Napoleonic Wars, buildings and sites across the city were destroyed. One was the Abbey of San Zeno which was part of the present-day Basilica of San Zeno. Today, only a brick tower and cloister survive from the abbey. Unfortunately, the artworks inside the Basilica were not left unscathed.
The San Zeno Altarpiece by Andrea Mantegna was painted in Padua and likely arrived in Verona in 1459. It is storied to be the first Renaissance painting seen in Verona. Although it appears to be executed in oil due to its rich colors, Mantegna painted it in tempera. The large work, which includes an image of Saint Zeno, had a turbulent life. It was looted by Napoleonic Forces in 1797 and returned in 1815, but in an incomplete state. The predella panels were never returned from France. When the altarpiece was finally reinstalled in 1871, copies of the missing panels by Paolino Caliari were inserted.
To protect the piece from the ravages of WWI, the altarpiece was transported to safety in 1915. It was sent to Florence for safekeeping. After the war, it was sent to Verona’s Castelvecchio (“old castle”) and then to Pinacoteca di Brera (in Milan) for restoration. It returned home to San Zeno in 1927. Shockingly, in 1973 the left panel was stolen and used as ransom. The thief was paid 8 million lire and the panel was returned.
CASTELVECCHIO
Castelvecchio. Copyright: Leila A. Amineddoleh
Tragically, the city is still not immune to art theft. In 2015, Verona’s elegant Castelvecchio (“old castle”) was the scene of a shocking crime. The Medieval Castelvecchio looks out over a gorgeous bridge that spans the Adige River. The castle, likely built on top of a Roman fortress, served many roles since its construction during the Middle Ages, between 1354 and 1376. It is known as an important military structure built by the Scaligeri family, with the bridge serving as a safety route for members of the dynastic family to flee during times of conflict.
The castle was taken by Venetian forces, and eventually it was damaged by French troops during the Napoleonic Wars. It also faced destruction during WWII, when the bridge was demolished by the German army during its retreat in 1945. The bridge was rebuilt in 1949. During that same period, the castle was also damaged. But it was rebuilt a decade later by Carlo Scarpa. The castle now serves as a museum.
Castelvecchio’s museum now houses an impressive gallery of paintings. One night in 2015, the collection was the victim of an art heist. 17 paintings were stolen as a crime of opportunity due to subpar security; three men entered the museum before the building’s alarm system was activated for the night.
Portrait of a Young Boy Holding a Child’s Drawing
The stolen paintings were brought to Ukraine. They were wrapped in black plastic drop cloths and buried behind scrubs. The next year, upon their discovery, the works were returned to Italy. The pieces suffered minor damage. It is believed that the theft was an inside job, with 12 people arrested in connection to the crime who were all convicted in 2020. Included in the group was a security guard and his Eastern European girlfriend. The judge handed down sentences of between five and 10 years for all thieves.
Included in the theft were Gian Francesco Caroto’s Portrait of a Young Boy Holding a Child’s Drawing. Painted in 1520, this unusual work has captivated viewers due to its curious subject matter. Carota (“carrot” in Italian) painted a child with red hair (a “carrot-top”) so many believe the work is a self-portrait of the artist as a boy or a portrait of the artist’s son. The image features the child holding a drawing. Is this a drawing actually done by the child? If so, then this playful work may include an artwork within an artwork or even a work of joint authorship.
Madonna of the Quail
Another stolen superstar from the Castelvecchio was Pisanello’s Madonna of the Quail. Completed in 1420, the late Gothic style painting may have been the centerpiece of a domestic devotional work. The valuable work is known for the quality of its rendering of flora and fauna, set against a brilliant gold background.
While Verona has inspired love stories, artworks, and movies that reference two of best-known star-crossed lovers, the city has also faced its fair share of art crime. Perhaps this is not surprising in Italy, a country with an abundance of art and heritage.
