The International Foundation for Art Research (IFAR) will host on November 25, 2013 a panel entitled "Artists Resale Rights in the U.S.: Overdue or Shouldn't Do?" As readers here know, the topic of artists' resale royalty rights, or droit de suite, is an area of copyright law about disagreement is strong. Should artists receive a commission of some sort after the first sale? Under all circumstances, or something fewer? California's famous attempt to regulate the practice was struck down last year as unconstitutional.
Nicholas O'Donnell
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Topics: Artists Rights Society, Resale Royalties, The Honorable Jerrold L. Nadler, Kernochan Center Columbia Law School, droit de suit, Christie's, Theodore H. Feder Ph.D., Philippa S. Loengard Esq., Events, Karyn Temple Claggett Esq., Sandra L. Cobden Esq.
At Friday's Art Law Day at the annual meeting of the Appraisers Association of America, Judith Bresler gave the keynote address on the topic of the complications created by prosective liability for authentication experts. As prominent cases ranging from the Knoedler forgeries to the decision by the Warhol Foundation and others to cease authenticating works have shown, the opinion of experts as to whether a work of art is indeed by a particular artist is a recurring and important issue. Not only do transactions worth tens of millions of dollars rest on that authentication, absent a robust exchange of opinions about authorship, frauds and forgeries are actually encouraged. As it stands, many qualified authenticators and experts have simply judged that giving an opinion is too great a risk to facing a defamation, fraud, or negligence claim, on which they will usually prevail but only after great expense. As Bresler said, “when authenticators are afraid to practice their profession, it has a far reaching effect.”
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Topics: Legislation, Knoedler, authentication, Knoedler forgeries, Warhol Foundation, Art Law Day, Appraisal, Appraisers Association of America, New York City Bar Association, Judith Bresler
The fire hose of Gurlitt collection information continues unabated. For stellar reporting keep track of Bloomberg and the Wall Street Journal in English, the FAZ and Der Spiegel in German. We’ll continue to track the legal fallout of the facts as the journalists continue to uncover them.
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Topics: Paris Match, Stuttgart, FAZ, Hildebrand Gurlitt, Cornelius Gurlitt, Steffan Seibert, Munich Hoard, Germany, Nazi-looted art, Gurlitt Collection, Baden-Württemberg, Bloomberg, Entartete Kunst, Munich, Schwabing, Angela Merkel, Restitution, Der Spiegel, Wall Street Journal, World War II, Münchner Kunstfund
Der Spiegel reports today (link in German) about how German museums are joining the chorus of frustration about the lack of information about the Hildebrand and Cornelius Gurlitt collection find. From this perspective, this development is not a surprise. I was speaking to an international law class last night at Sarah Lawrence College, and one of the students asked me what the reaction in Germany would be. My feeling was that sooner rather than later, the German museum community, and likely the federal government, will push for a forward-looking solution. Present-day Germany takes questions about the Holocaust quite seriously, and for this collection to have turned up in Germany is sparking an embarrassment that could lead to more decisive action. The problem right now seems to be that everyone is waiting for someone else to make the first move.
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Topics: Jeu de Paume, unbekannte Meisterwerke, February 13 1945, FAZ, Focus, Hildebrand Gurlitt, Dresden firebombing, Max Fisher, Cornelius Gurlitt, S. Lane Faison, Linz Führermuseum, Munich Central Collecting Point, Monopol, Wiesbaden Collecting Point, Dresden, HARP, Reinhard Nemetz, Max Liebermann, WWII, Monuments Men, Gurlitt Collection, Max Beckmann, Otto Dix, Degenerate Art: The Fate of the Avant-Garde in Naz, Auktionshaus Lempertz, Entartete Kunst, Fine Arts and Archives Program, Nazis, Marc Chagall, Organisation Todt, Paul Klee, Entdeckung verschollener Kunst, beschlagnahmte Bilder, Dresdner Bank, Belvedere, Fritz Todt, Holocaust Art Project, Hamburg Kunstverein, MFAA, Roberts Commission, Angela Merkel, Restitution, Wien, Monuments Fine Arts and Archives, Selbstporträt, World War II, degenerate art, Erben, Raubkunst-Bildern, Portrait of Wally, Washi, Löwenbändiger, Austria, Franz Marc, Oskar Kokoschka, Washington Principles, Ernst Ludwig Kirchner, München, Pablo Picasso, Dr. Herman Voss, Museums, Kristallnacht, Riders on the Beach, Hans Posse, Nazi Raubkunst, Vienna, Alfred Weidinger, Henri Matisse, Self Portrait, Emil Nolde
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Topics: Jeu de Paume, unbekannte Meisterwerke, February 13 1945, FAZ, Focus, Hildebrand Gurlitt, Dresden firebombing, Max Fisher, Cornelius Gurlitt, S. Lane Faison, Linz Führermuseum, Munich Central Collecting Point, Monopol, Wiesbaden Collecting Point, Dresden, HARP, Reinhard Nemetz, Max Liebermann, WWII, Monuments Men, Gurlitt Collection, Max Beckmann, Degenerate Art: The Fate of the Avant-Garde in Naz, Auktionshaus Lempertz, Entartete Kunst, Fine Arts and Archives Program, Nazis, Marc Chagall, Organisation Todt, Paul Klee, Entdeckung verschollener Kunst, beschlagnahmte Bilder, Dresdner Bank, Belvedere, Fritz Todt, Holocaust Art Project, Hamburg Kunstverein, MFAA, Roberts Commission, Angela Merkel, Restitution, Wien, Monuments Fine Arts and Archives, World War II, degenerate art, Erben, Raubkunst-Bildern, Portrait of Wally, Washi, Löwenbändiger, Austria, Franz Marc, Oskar Kokoschka, Washington Principles, Ernst Ludwig Kirchner, München, Pablo Picasso, Dr. Herman Voss, Kristallnacht, Riders on the Beach, Hans Posse, Nazi Raubkunst, Vienna, Alfred Weidinger, Henri Matisse, Emil Nolde
The Commission for Looted Art in Europe has located the transcript of the interview taken of Hildebrand Gurlitt at the end of World War II, concerning the bulk of what now seems to have been found in his son's apartment. Gurlitt denies buying art in France. The document is linked above.
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Topics: Hildebrand Gurlitt, Gurlitt Collection, Restitution, World War II
In case you missed it live, WBUR's "Here and Now" has posted the story and audio from today's interview about the Cornelius Gurlitt Nazi-looted art find.
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Topics: Jeremy Hobson, Gurlitt Collection, Restitution, Events, Here & Now, World War II, Nicholas O'Donnell, Art Law Report
Catherine Hickley reports from Berlin that the government of Chancellor Angela Merkel is looking into ways to put lists and/or photographs online concerning the Cornelius Gurlitt seizure of roughly 1,400 paintings with connections to Nazi looting. This followed heavy complaints in the first days of the revelation, that the government had failed to identify what has been found. The biggest question remains why this remained a secret for roughly two years since the discovery. Merkel’s government claimed yesterday it learned of the find only in the last few months.
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Topics: Stephanie Barron, Jeu de Paume, unbekannte Meisterwerke, Focus, Hildebrand Gurlitt, Theo Hermsen, S. Lane Faison, Linz Führermuseum, Munich Central Collecting Point, Wiesbaden Collecting Point, HARP, Max Liebermann, WWII, Monuments Men, Alt Aussee, Gurlitt Collection, Max Beckmann, Association for Research into Crimes Against Art, Monuments, Degenerate Art: The Fate of the Avant-Garde in Naz, Albrecht Dürer, Auktionshaus Lempertz, Entartete Kunst, Fine Arts and Archives Program, Nazis, Marc Chagall, Paul Klee, Entdeckung verschollener Kunst, beschlagnahmte Bilder, Holocaust Art Project, Judge Arthur Tompkins, Roberts Commission, Angela Merkel, Restitution, 1939 Galerie Fischer auction, World War II, degenerate art, Capt. Doubinsky, Los Angeles County Musuem of Art, Erben, Raubkunst-Bildern, Altmann v. Republic of Austria, Portrait of Wally, Löwenbändiger, Marc Masurovsky, Franz Marc, Oskar Kokoschka, Ernst Ludwig Kirchner, München, Pablo Picasso, ARCA, Lawyers' Committee for Cultural Heritage Preservat, Nazi Raubkunst, Henri Matisse, Emil Nolde
I'll be a guest on "Here and Now" on WBUR (syndicated nationally, and available for live streaming on WBUR's website) tomorrow between noon at 1:00 pm to discuss this week's discovery of nearly 1,400 paintings had been found in the Munich apartment of Cornelius Gurlitt two years ago (and ongoing updates), and the theme of Nazi looted art more generally.
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Topics: Cornelius Gurlitt, Nazi-looted art, Gurlitt Collection, Munich, Restitution, Events, World War II, WBUR, Here and Now
The Bavarian prosecutor held a press conference today to discuss the revelation this weekend in Focus that nearly 1,400 paintings had been found in the Munich apartment of Cornelius Gurlitt two years ago, after he aroused suspicion by bringing a large amount of cash back into Germany from Switzerland in 2010. This continues to shape up as the biggest restitution story in decades, perhaps ever. Among the key updates provided today by Sigfried Köble and Reinhard Nemetz, the customs official and prosecutor in charge, respectively:
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Topics: Frankfurter Allgemeine Zeitung, unbekannte Meisterwerke, Focus, Hildebrand Gurlitt, Alfred Flechtheim, the Lion Tamer, Cornelius Gurlitt, Reinhard Nemetz, Anne Weber, Gurlitt Collection, Max Beckmann, Bloomberg, Otto Dix, Commission for Looted Art in Europe, Art Market Monitor, Auktionshaus Lempertz, Entartete Kunst, Meike Hoffmann, Marc Chagall, Entdeckung verschollener Kunst, beschlagnahmte Bilder, Kunsthistorikerin, Sigfried Köble, Restitution, Der Spiegel, World War II, Süddeutsche Zeitung, Erben, Raubkunst-Bildern, Löwenbändiger, München, Nazi Raubkunst
