SculptorDavid Smith’s estate, and sculptor Lauren Clay are in a legal dispute over fairuse and moral rights regarding artwork. Clay’s work has been described by Artin 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 woodgrain or marble finishes.’ Representatives from Smith’s estate believethat this is a copyright violation. One of the proposed solutions pitched bythe Smith estate was a ban on the sale of Clay’s artwork, or display them witha disclaimer.
However,this week the parties reached a settlement agreement. The agreement will enableClay to sell her artwork without restriction. Clay has agreed not to makeadditional 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.
