A Nov. 3 Law360 article by Ivan Moreno, “Henry Darger’s Landlord Saved His Art. But Who Owns It?,” examines a dispute between the late Chicago artist’s estate and his former landlord’s widow over ownership of his work and related copyrights.

The case highlights the distinction between owning physical artwork and holding the copyrights governing its reproduction, publication and licensing. Central to the dispute is whether Darger intended to transfer his artwork and copyrights to his landlord before his death in 1973. The outcome could affect how Darger’s work is exhibited, reproduced and shared with future audiences. A federal jury trial is scheduled to begin March 8, 2027.

The Chicago Sun-Times also covered the case in an Oct. 23 article by Stefano Esposito.

Taft attorneys Marcus Harris, Derrick Thompson, and Elizabeth Winkowski are among the attorneys litigating this matter, representing Darger’s estate.

Read the Law360 article here (subscription required).

Read The Sun Times article here.

Harris has extensive experience drafting and negotiating enterprise software-related licenses, implementation agreements, and SaaS agreements, as well as litigating failed software implementations in courts and before arbitration panels across the country. He represents government entities, distributors, and manufacturers in recovering damages arising from failed Enterprise Resource Planning (ERP) software implementations.

Thompson is a partner in Taft’s Litigation and Intellectual Property groups. He has extensive experience as lead trial counsel in contract and licensing disputes, intellectual property matters involving trademark infringement and trade secrets, trust actions, and sports and entertainment disputes. Thompson also provides strategic counsel to companies and financial institutions facing complex legal issues and advises companies on brand protection.

Winkowski is an experienced litigator in Chicago’s Commercial Litigation practice group, focusing her practice on complex civil litigation. She has successfully represented a wide range of clients—from private companies to public entities—at all stages of litigation in both state and federal court. Winkowski also advocates for her clients on appeal and has argued before the Seventh Circuit. A growing part of her practice involves advising clients on compliance with state and federal consumer protection and data privacy laws. She recently received her International Association of Privacy Professional (IAPP) certification.