In place of rumored legislative efforts last summer, legislation has been formally introduced to codify under U.S. federal law droite de suite rights of resale for artists, under certain circumstances.
Nicholas O'Donnell
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Topics: Legislation, Resale Royalties, droite de suite, Resale Royalty, Jerrold Nadler, Christie's, California Resale Royalty Act, Sotheby's, eBay
For the second time since October, the Chabad Lubavitch plaintiffs seeking the return of the movement’s library from Russia have asked the D.C. District Court to hold off on issuing any of the sanctions those plaintiffs requested earlier. More specifically this time, the plaintiffs reference ongoing discussions and ask for more time to try to bring those to fruition.
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Topics: Russia, Restitution, Foreign Sovereign Immunities, Chabad
After recent expansions of the scope of the Foreign Sovereign Immunities Act, the 2nd Circuit Court of Appeals has narrowed that statute’s route of access to the courthouse again. The 2nd Circuit affirmed on November 30, 2011 the District Court’s March 11, 2011 dismissal of Andrew Orkin’s claims to recover a Vincent Van Gogh drawing against the Swiss Confederation, the Oskar Reinhart Foundation, and the Oskar Reinhart Collection.
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Topics: Von Saher, Margarethe Mauthner, Germany, Cassirer, Vincent Van Gogh, FSIA, Restitution, World War II, Foreign Sovereign Immunities, Washington Principles
We’ve been following a number of prominent stories for several weeks now and thinking about what they mean in the crossover between art and the law. It’s fair to say that a theme is starting to develop, namely, that after the Beltracchi forgery trial in Cologne, the Warhol Foundation’s decision to close its doors to authentication requests, and the brewing scandal over the authenticity of paintings sold by Knoedler and other galleries, the legal significance of knowing—and even asking—the age-old question from Art History 101—“who made that?”—has come again to the fore.
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Topics: Cologne, Forgery, Knoedler, The Art Newspaper, Inc., Degas, Jackson Pollock, catalogue raisonné, Wolfgang Beltracchi, Collections, The Warhol Foundation for the Visual Arts, Georgina Adam, The Art Law Blog, connoisseurship
After several months of inactivity, the first brief is available in the Richard Prince appeal of the judgment against him and the Gagosian Gallery earlier this year for infringing on the works of Patrick Cariou. Prince’s arguments of “fair use” of Cariou’s photographs failed to persuade the District Court and the infringing works were ordered impounded, a harsh and unusual remedy.
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Topics: Richard Prince, Canal Zone, Patrick Cariou, Dada, Association of Art Museum Directors, Copyright, Gagosian Gallery, Fair Use, Andy Warhol Foundation for the Visual Arts
As discussed earlier in the Art Law Report, the Herzog heirs’ case against several Hungarian national museums survived dismissal (apart from their claims to 11 paintings whose ownership was litigated in Hungary previously). The remaining question was how much of the case would be heard on appeal: only the narrow question of Hungary’s sovereign immunity, or other parts of the decision on the defendants’ motion to dismiss (asserting, in part, that the claims were too old, that the claims were barred as acts of state, and that the United States is not the proper forum).
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Topics: Hungary, Restitution, Statute of Limitations, World War II, Foreign Sovereign Immunities
Capping today’s restitution news, word that a painting stolen in connection with World War II is being returned to Germany. The 15th-century “Flagellation of Christ” by an unknown artist of the Cologne School was taken from the Jagdschloss Grunewald outside Berlin by soldiers in the aftermath of the war. Indiana University in Bloomington, Indiana ultimately acquired the painting. The agreement to return the work actually dates to 2004.
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Topics: Restitution, World War II
The regional government of Berlin has decided to return two paintings by German Expressionist Karl Schmidt-Rotluff to the heirs of the paintings’ one-time owner (article in German).
As reported by Catherine Hickley of Bloomberg in Berlin, the paintings, a 1920 self-portrait and a 1910 landscape entitled “Farm in Dangast” once belonged to Robert Graetz, a businessman from Berlin who was deported to Poland in 1942. After a claim by Graetz’s grandson Roberto (Graetz), a government panel headed by Jutta Limbach (a former constitutional judge) concluded that the loss was almost certainly the product of persecution and should be returned. Berlin Culture Secretary Andre Schmitz has now said that the government will follow the panel’s recommendation.
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Topics: Berlin, Catherine Hickley, Karl Schmidt-Rotluff, Robert Graetz, Restitution, Farm in Dangast, World War II, degenerate art, Jutta Limbach, Washington Principles
In a story that did not seem like it could get any more unusual, the long-running Chabad library dispute in Washington, DC that has resulted in a Russian fine art loan embargo for nearly a year took a maritime turn in San Francisco this weekend. At the last minute, a sailing ship named the Nadezhda that was headed to San Francisco on a goodwill tour stopped short of entering the port. It anchored just outside the Golden Gate and awaited a pilot to guide it in. When the pilot headed out, a message was received that the Russian ship would not be docking, and it headed for Mexico.
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Topics: Russia, Restitution, Foreign Sovereign Immunities, Chabad
The forgery trial in Cologne ended yesterday with the sentencing of Wolfgang Beltracchi and his co-defendants for their now-infamous forgeries and sale of the fictional "Werner Jäger" collection-the name of his wife's grandfather. Beltracchi was sentenced to 6 years, consistent with the deal struck last month with prosecutors, the other defendants (including his wife) to various lesser terms.
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Topics: Cologne, Forgery, Germany, Wolfgang Beltracchi, connoisseurship, Max Ernst
