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'Banana' Artwork Dispute Presents Slippery Slope for Copyright
In July 2022, the U.S. District Court for the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, 21-20039, a decision that began by posing the question: "Can a banana taped to a wall be art?" At issue in the case was a claim by artist Joe Morford that his sculptural diptych, "Banana & Orange," allegedly created in 2000, was infringed by a work titled "Comedian" by internationally famous artist Maurizio Cattelan. Both works prominently feature a banana affixed to a wall with silver duct tape, though Morford's banana is plastic and Cattelan's is overripe:
The Cattelan work generated international press attention at the 2019 Art Basel Miami Beach art fair and allegedly resulted in sales of over $390,000 for Cattelan. Morford's work enjoyed no comparable success.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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Legal Possession: What Does It Mean?
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The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?