Scene in New York

Matt Leines’ “Hyperbolic” opens at Beginnings — in Greenpoint on Thursday night

This week’s collection of openings, performances, and happenings. (All locations in Manhattan unless otherwise noted.)

Knock Knock: Opportunities for Artists

This week’s collection of opportunities for exhibitions and residencies. 

Can Instagram Can Get You Sued?

Instagram photo by Dan Baxter

On Monday, Instagram caused a stir when it released its updated Terms of Use, which state that:

Some or all of the Service may be supported by advertising revenue. To help us deliver interesting paid or sponsored content or promotions, you agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you. If you are under the age of eighteen (18), or under any other applicable age of majority, you represent that at least one of your parents or legal guardians has also agreed to this provision (and the use of your name, likeness, username, and/or photos (along with any associated metadata)) on your behalf.

Shepard Fairey’s Still a Crook

Shephard Fairey's "Jessica" used Dina Douglass' photograph as a source image without first properly crediting her.

Last week, Shepard Fairey pled guilty to one count of criminal contempt for “destroying documents, manufacturing evidence and other misconduct in his case involving his ‘Hope’ poster of Barack Obama.” The artist had used Associated Press photographer Mannie Garcia’s photo for his Obama “Hope” poster without obtaining proper licenses from the AP. In 2011, the AP case was settled out of court, after Fairey admitted that he had falsified evidence in order to conceal his actions.

It seems as though the settlement, and subsequent criminal charges did little to deter Fairey from defrauding other artists.

Links List: Navajo Suits, Chicken Slaughtering and the Decline of Sotheby’s

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  Urban Outfitter's "Navajo Flask"

  Don’t mess with the Navajos. The American Indian tribe is suing Urban Outfitters for trademark infringement and violation of the Indians Arts and Crafts Act over its “Navajo panties,” jewelry and flasks. [FindLaw]

• Kansas officials ban artist Amber Hansen from publicly slaughtering chickens for her Warhol Foundation funded project, “The Story of Chickens: A Revolution.” [NY Daily News]
• Sotheby’s shares fell as much as 12 percent after fourth quarter revenue decline. [Bloomberg]

Links List: Power to the people– Arts & Labor,Teamsters and Kickstarter

• In a published letter, Occupy Wall Street’s Arts & Labor calls for an end to the Whitney Biennial in 2014. [ARTFORUM]
• A false press release was circulated announcing the Whitney Museum’s break with corporate sponsors Sotheby’s and Deutsche Bank. [ART FAG CITY]
• Kickstarter announces that it is on track to provide more funding to the arts than the NEA. [TPM]
• Artists plan to take Sotheby’s union art handlers as dates to the Whitney Biennial VIP Preview. [ARTINFO]

Good Vibrations or Misappropriations?

Erik den Breejen's "Smile"

Copyright is a hot topic these days, from the misguided SOPA and PIPA acts to the Cariou v. Richard Prince case that is currently working its way through the courts. Now Artnet reports that painter Erik den Breejen has received a cease-and-desist letter from the lawyer of Beach Boys lyricist Van Dyke Parks. Den Breejan’s recent Freight + Volume show, “Smile,” featured the artist’s series of works inspired by the album, “SMiLE.” The series included paintings of brightly colored blocks of the album’s lyrics from the album assembled into ocean waves, smiling lips, flames, and other imagery related to the album. It also included paintings of session worksheets and images that had no text, but were titled with song titles from the album.

So the question here is: What is included in a musical work’s copyright?

H&M: Hijacking & Misappropriating Other’s Art

Earlier this week, regretsy posted an exchange that Atlanta-based artist and designer Tori LaConsay had with H&M. It looks as though they’ve blatantly stolen her work without crediting her paying her for it, and are using it on various items in their stores, including pillowcases, towels, and doormats.