The Chabad Lubavitch plaintiffs who have been trying for more than six years to obtain the return of the library of Menachem Schneerson—a case which has resulted in an embargo of Russian art loans to the United States for nearly a year—took the unexpected step this week of asking the court to refrain from ruling on a pending motion to find the Russian defendants in contempt. The Russian defendants—who have not appeared or filed anything since refusing to participate further last year, resulting in the default judgment against them—had until October 18 to contest the contempt allegations related to their failure to obey the judgment against them (to return the library).
Nicholas O'Donnell
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Topics: Russia, Restitution, World War II, Foreign Sovereign Immunities, Chabad
Christie’s and Sotheby’s were sued this week by several artists (including Chuck Close) as class action plaintiffs, alleging violations of California’s Resale Royalty Act. The Resale Royalty Act is one of the few statutes in the United States recognizing artists’ rights to some of the proceeds of the sale of their works, even after the initial sale, a concept known as droite de suite. As noted by the Art Law Report last month, there have been noises at the federal level about reviving droite de suite as it is used in Europe, but to date little concrete change has materialized. A useful definition of the idea can be found, with some irony, at the Christie’s website.
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Topics: Legislation, Chuck Close, Christie's, Collections, droit de suite, California Resale Royalty Act, Sotheby's
The Ellis Boston Antiques Show begins today. I will be on a panel on Friday night, October 21, 2011 at 6:30 p.m. entitled “Essentials for the New Collector” about collecting antiques and fine art in today’s market. I will be joined by PBS “Antiques Roadshow” appraiser Colleene Fesko and John Fiske, Editor of New England Antiques Journal. The panel is presented by ARIS Title Insurance Corporation.
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To paraphrase the famous Saturday Night Live skit about General Francisco Franco: this just in: Museum members and supporters still cannot go to court to challenge the administration of the institution. The Barnes Foundation has defeated the latest challenge to its right to move from its original home in Lower Merion outside of Philadelphia to its new home in the center of the city. The relocation will go forward.
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Topics: Rose Art Museum, Philadelphia, Saturday Night Live, Cy Pres, Collections, Isabella Stewart Gardner Museum, Trusts, Barnes Foundation
During the upcoming Ellis Boston Antiques Show, I will be on a panel on Friday night, October 21, 2011 at 6:30 p.m. entitled “Essentials for the New Collector” about collecting antiques and fine art in today’s market. I will be joined by PBS “Antiques Roadshow” appraiser Colleene Fesko and John Fiske, Editor of New England Antiques Journal. The panel is presented by ARIS Title Insurance Corporation.
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Topics: Collections, Nicholas O'Donnell, Customs, connoisseurship, Art Law Report
With the recent decision in the Baron Herzog case dismissing some claims but allowing the bulk of the case to go forward, the next step is determining what issues can be appealed now.
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Topics: Hungary, Holocaust, Restitution, Statute of Limitations, World War II, Foreign Sovereign Immunities
On the heels of yesterday's interruption and pressure from the presiding judge to accept a six-year sentence, the accused leader of a forgery ring in Germany apparently confessed today to 14 forgeries. It's been reported that he said that he enjoyed fooling collectors and experts. It is anticipated that the other defendants will receive similar sentences, though it is not yet certain.
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Topics: Forgery, Lempertz, Germany, Wolfgang Beltracchi, Restitution, connoisseurship, Max Ernst
We have been following with interest the trial in Cologne, Germany of four accused forgers. The trial began at the beginning of the month. Wolfgang Beltracchi, 60, is accused of organizing a scam that defrauded art collectors out of millions of dollars. Comedian, actor, and writer Steve Martin is among the most high-profile victims. The 47 forgeries mimicked 20th century paintings by Kees Van Dongen, Max Ernst, Max Pechstein and Heinrich Campendonk.
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Topics: Cologne, Forgery, Lempertz, Germany, Wolfgang Beltracchi, Restitution, connoisseurship, Max Ernst
The Richard Prince copyright case is in the news again, though probably more than it deserves. Patrick Cariou, whose photographs Prince was found this spring to have infringed, moved to dismiss Prince’s appeal arguing that the injunction concerning the impoundment and destruction of the existing works (Prince was ordered to deliver them for destruction) was mooted by a stipulation between the parties. Thus, Cariou argued, there was nothing at the moment to appeal (i.e. Prince appealed to soon).
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Topics: Richard Prince, Canal Zone, Patrick Cariou, Copyright, Gagosian Gallery, Fair Use
The United States District Court has allowed significant parts of the claim brought by claimed heirs of Baron Mor Lipot Herzog to go forward. The decision is significant for several reasons. First, it is the most prominent restitution case currently at the trial level, and the case will now proceed into discovery of the facts. Second, the judge turned away a strong statute of limitations argument, which has been the strong trend in recent restitution cases. On the flip side, the judge found for the defendants on eleven paintings that were the subject of prior litigiation.
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Topics: Hungary, Holocaust, Restitution, Statute of Limitations, World War II, Foreign Sovereign Immunities
