What Can Artificial Intelligence Offer Art Authentication?

Steve and Katie speak with Dr. Carina Popovici, CEO and Founder of Art Recognition, an art and technology startup that uses AI systems to evaluation the authenticity of artworks. They discuss the problems with authentication in the traditional art market and the promise and limitations of AI in solving these problems along with some real-world examples. Read more

Do Market Players React to Court Decisions Impacting Art?

Katie and Steve speak with WIPO economists Alexander Cuntz and Matthias Sahli about their recent article, Intermediary liability and trade in follow-on innovation, published in the Journal of Cultural Economics in February 2023. Their research looks at how intermediaries in the art market altered their behavior after the Second Circuit’s decision in Cariou v. Prince, which was seen as greatly expanding permissible fair use in appropriation art. THIS PODCAST WAS RECORDED BEFORE THE SUPREME COURT’S DECISION IN THE WARHOL CASE, WHICH PULLED BACK ON THE TRANSFORMATIVE USE ANALYSIS FOR COPYRIGHT FAIR USE.

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Fashion, NFTs, and Artistic Expression

Katie and Steve talk to attorney Emily Poler, founder of Poler Legal, about the recent lawsuit between the iconic French fashion house Hermès and an NFT creator, Mason Rothschild, over Rothschild’s “MetaBirkin” NFTs. Hermès claimed that Rothschild infringed Hermès’ trademark in the name “Birkin.” Hermès prevailed on this claim (and others) in a jury trial earlier this year. Katie, Steve, and Emily discuss the contours of this lawsuit and the reach of trademark law to police fashion brands, copyright’s limitations, and trademark law’s applicability to artistic expression, especially in the context of NFTs.

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The Promise of NFTs for Artists and the Art Market

Steve and Katie speak with Amy Whitaker about her new book with Nora Burnett Abrams The Story of NFTs: Artists, Technology and Democracy. Amy describes her vision for the promise of NFTs for artists and a more equitable art market and discusses the democratic incentives NFTs create in this world. They discuss NFTs in the context of the current moment of uncertainty around the future of cryptocurrency, the blockchain, and the value of NFTs in general and the potential problems and limitations of NFTs within the fine art ecosystem.

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