Shuttleworth Office Features Local Artists Julia Wolfe and Sue Hettmansperger

Iowa City-based artists Julia Wolfe and Sue Hettmansperger have been selected for a temporary commercial exhibition in the Shuttleworth & Ingersoll Coralville office, located at 327 2nd Street. Shuttleworth & Ingersoll would like to thank these artists for displaying their work and providing an interesting and thought-provoking backdrop for clients and guests. Pieces are available for purchase; all proceeds go directly to the artist.

Julia J. Wolfe

Julia J. Wolfe is a painter and installation artist living and working in Iowa City, IA. Her work is a collection of brightly colored paintings, prints, drawings, found objects, made objects, and poems. She combines playful comedy and satire with a mishmash of weightier subjects. Picture this: “Calvin & Hobbes” meets “Parks and Recreation”, joined by “The Muppets” and Shel Silverstein, and sprinkled with snippets of talk shows that discuss current events and pop culture. The work provides laughter, optimism, and inward-looking thoughts and/or critique. It is playground-esque and humorously innocent, while simultaneously commenting on our culture of consumption. Please visit www.juliajwolfe.com to see her installation work and other projects.

Sue Hettmansperger

Currently a Professor Emeritus at the University of Iowa, Sue Hettmansperger received B.F.A. and M.A. degrees from the University of New Mexico 1967-74 and attended the Yale University Summer School in Art, 1971. She was the recipient of a 2008 John Simon Guggenheim Memorial Fellowship in Painting. In 2019 she is slated to have a one-person show at the List Gallery, Swarthmore, PA. She has had one-person shows in 2014, 2011, 2007, 2003, 1999, 1994, and 1990 at A.I.R. Gallery New York City, where she has been an affiliate member since 1989. Group venues have included the Museum of the Art Institute of Chicago 2012, the Cedar Rapids Museum of Art 2012 & 2006, the Figge Museum of Art 2015, 2013, 2010, Bowling Green State University 2005, Northern Arizona University 2005, Grinnell College 2003, University of Texas, San Antonio 2002, Des Moines Art Center 1996, Hyde Park Art Center Chicago 1992, and the Evanston Art Center 1986. Her work appears in the book New American Paintings Midwest, 2010 & 2005. She received a 2009 Iowa Arts Council Major Grant, five UI Arts and Humanities Initiative Grants (2014, 2011, 2009, 2006, 2001), the Faculty Scholar Award from The University of Iowa (1997-99), a National Endowment for the Arts Fellowship (1983); as well as residency fellowships at the Corporation of Yaddo (2012), Ucross Foundation (1992), Roswell Museum Artist in Residence Program (1990 and 1975), and the MacDowell Colony (1977). Her public artworks are sited at the U of IA Biomedical Discovery Building, the Cedar Rapids Convention Center, and Kirkwood College, IA. Selected Collections include the Museum of the Art Institute of Chicago, the Des Moines Art Center, and the Metropolitan Museum of Art, NYC.

About Shuttleworth & Ingersoll

Shuttleworth & Ingersoll, P.L.C. is a multi-specialty law firm with offices in Cedar Rapids, Iowa, and Coralville, Iowa, with clients throughout the Midwest and around the world. Established in 1854, the firm has grown to become one of Iowa’s largest firms with nearly 50 talented and experienced lawyers who provide a full-range of business, litigation, family, and intellectual property legal services. Using a collaborative, team-based approach, Shuttleworth & Ingersoll is able to provide innovative, cost-effective solutions to client problems.

Interests in Iowa Real Estate May Expire in 10 Years Unless Extended

Real Estate Law, Shuttleworth & Ingersoll, P.L.C.

The Iowa Court of Appeals in its West Lakes Properties, L.C. v. Greenspon Property Management, Inc. decision entered on September 27, 2017, held that a right of first refusal was subject to the statute of limitations of Iowa Code Section 614.17A, which states:

614.17A  Claims to real estate after 1992.

  1. After July 1, 1992, an action shall not be maintained in a court, either at law or in equity, in order to recover or establish an interest in or claim to real estate if all the following conditions are satisfied:
    1. The action is based upon a claim arising more than ten years earlier or existing for more than ten years.
    2. The action is against the holder of the record title to the real estate in possession.
    3. The holder of the record title to the real estate in possession and the holder’s immediate or remote grantors are shown by the record to have held chain of title to the real estate for more than ten years.
    1. The claimant within ten years of the date on which the claim arose or first existed must file with the county recorder in the county where the real estate is located a written statement which is duly acknowledged and definitely describes the real estate involved, the nature and extent of the right of interest claimed, and the facts upon which the claim is based. The claimant must file the statement in person or by the claimant’s attorney or agent. If the claimant is a minor or under a legal disability, the statement must be filed by the claimant’s guardian, trustee, or by either parent.
    2. The filing of a claim shall extend for a further period of ten years the time within which such action may be brought by any person entitled to bring the claim. The person may file extensions for successive claims.
  2. Nothing in this section shall be construed to revive any cause of action barred by section 614.17.

91 Acts, ch 183, §37; 2013 Acts, ch 30, §261
Referred to in §614.17, 614.18, 614.19, 614.20

Because the Court held that a right of first refusal is an interest in real estate and therefore must be extended or will expire, the decision potentially subjects other interests in real estate, such as options to purchase, easements, leases and any other agreement that creates an “interest in real estate”, to a ten-year statute of limitations. The decision has not been revised or limited by later decisions, and the Iowa legislature has not passed legislation to address the decision. A curative statute was proposed in the legislature this session but did not pass out of committee.

Section 614.17A allows for the “extension” of a “claim” by filing a written statement within the ten year period of the “date on which the claim arose or existed”, which is the date that the document creating the claim was recorded.

For agreements that have not been timely extended, the agreement would need to be re-executed and recorded.

For agreements that have not yet expired, we have developed a “statement” to use to extend existing agreements. You may want to review your files to determine if there are “interests in real estate” that should be extended or replaced with new agreements.

If you have any questions regarding the above or if you have interests in real estate to extend or replace, do not hesitate to contact us.

U.S. Supreme Court Holds That Copyrights Must Be Registered before Plaintiffs Can File for Infringement

Supreme Court of the United States of America

In a unanimous decision, the Supreme Court held that registration with the U.S. Copyright Office is required to enforce copyrights. Fourth Estate Public Benefit Corp. v. Wall-street.com, LLC, No. 17-571, 586 U.S. (March 4, 2019). The ruling makes it even more important that copyright holders register their works promptly.

Prior to this decision, circuits were split on the language of 17 U.S.C. § 411(a), which states that “no civil action for infringement of the copyright in any United States work shall be instituted until . . . registration of the copyright claim has been made in accordance with this title.” Many circuit courts, including the 8th Circuit, followed an “application approach” and interpreted this statute to be satisfied by the mere filing of an application to register a work with the Copyright Office. When a copyright holder discovered infringement, the copyright holder could apply and have the required jurisdiction to file for infringement.

The application approach made sense. Copyright registration is pro forma. The application is not substantively examined for the copyrightability of the underlying work. More importantly, copyright protection, under the Berne Convention for the Protection of Literary and Artistic Works (1886), is to be automatic and not conditioned on compliance with any formalities. A protectable copyright arises the moment the author fixes a work in a tangible form. In this spirit, the “application approach” allowed an author to enforce its protectable right without administrative delay.

Now, a copyright holder must apply and receive a final agency decision from the Copyright Office of either granting or denying a registration before enforcing his or her rights. Contrary to the spirit of automatic protection without administrative formalities of the Berne Convention, copyright protection is no longer automatic but conditioned on a seven-month (or more delay) while the Copyright Office reviews the application.

There have always been good reasons for registering copyrights promptly. The Copyright Act encourages registration with the added benefits of statutory damages and attorneys’ fees for infringement of registered copyrights under 17 U.S.C. § 412. Now, a registered copyright is required to bring an action for infringement in federal court. Early registration is especially important if the harm from infringement could be irreparable and there is a need for a temporary restraining order or preliminary injunction to stop the infringement, or the infringing action occurred near the end of the three-year statute of limitations for infringement under the Copyright Act.

We have always strongly advised clients to register their copyrights promptly. Now, the Fourth Estate decision makes this even more important.