It appears that the much-maligned “monkey selfie” case is destined for a quick exit.  The U.S. District Court for the Northern District of California posted a brief order expressing the sentiment of the presiding judge as expressed at a hearing on a defendant’s motion to dismiss.  Specifically, the Hon. William H. Orrick made a tentative ruling that the photograph of a crested black macaque cannot be copyrighted on behalf of the animal itself.

Topics: Copyright Act, People for the Ethical Treatment of Animals, monkey selfie, Congress, PETA, David Slater, Copyright, Blurb Inc., Naruto, Hon. William H. Orrick, authorship, Cetacean Community v Bush, Ars Technica

Topics: Cariou v. Prince, Richard Prince, Second Circuit, Instagram, Larry Gagosian, Fair Use, Rastafarians Patrick Cariou

On the heels of the most recent restitution recommendation, there is more Gurlitt news. In October we discussed news that a Munich court had requested an expert opinion from a psychologist about whether Cornelius Gurlitt was competent to make the 2014 will that named the Kunstmuseum Bern as his sole heir—in particular to the roughly 1,400 works of art in his possession in Munich and Salzburg under suspicion of Nazi looting connections—to the exclusion of his relatives. Procedurally, the court is considering the appeal by Gurlitt's relatives of the denial by a lower court of their will contest.

Topics: Gurlitt case, Gurlitt, Nazi art

Back in September, we voiced curious skepticism about breathless reports of a buried train near Wrocław, formerly Breslau, in Poland.  Rumors of this “Nazi gold train” supposedly concealed at the end of World War II and filled with either gold, art, or both, had an odd mixture of plausibility and absurdity.  Yet Polish officials went on record confirming…something.  On August 28, 2015, Deputy Culture Minister Piotr Zuchowski stated at a press conference that he is “99 percent sure” that the government had located the train allegedly loaded with gold, gems, and perhaps artwork that was buried as the Soviet Red Army encircled Breslau in the last months of World War II.  “The train is 100 meters long and is protected,” Zuchowski said.

Topics: Soviet, Breslau, Wrocław, Piotr Koper, Red Army, Nazi Gold Train, Walbrzych, Deputy Culture Minister Piotr Zuchowski, World War II, Poland, Washington Post, Janusz Madej, Andreas Richter, New York Times

Sophisticated Analysis of Adolph von Menzel Drawing Distinguishes Itself from Recent Revisionism Elsewhere

As the original term of the Gurlitt Task Force (Taskforce Schwabinger Kunstfund) winds down, the panel has issued a report on a work that it deems appropriate for restitution: Interior of a Gothic Church (Inneres einer gottischen Kirche) by Adolph von Menzel (pencil drawing, signed/dated 1874). The drawing has been called Church in Hofgastein in some English language articles.

Topics: Interior of a Gothic Church, Hildebrand Gurlitt, Cornelius Gurlitt, Nazi Germany, Inneres einer gottischen Kirche, Dresden, Gurlitt Task Force, Adolph von Menzel, Nazi-looted art, Gurlitt Collection, Ernst Julius Wolffson, Washington Principles on Nazi-Looted Art, Advisory Commission, Munich, Albert Martin Wolffson, Salzburg, Restitution, Catrin Lorch, Bavaria, World War II, Switzerland, Süddeutsche Zeitung, Austria, Kunstmuseum Bern, Federal Republic of Germany, Raubkunst, Taskforce Schwabinger Kunstfund, Elsa Helene Cohen, Limbach Commission, Jörg Häntzschel

Topics: People for the Ethical Treatment of Animals, Blurb, monkey selfie, Compendium of U.S. Copyright Office Practices, Wildlife Personalities., PETA, David Slater, Copyright, United States Copyright Office

Topics: Karl Waldmann, Ceroni, Jacobs Technion-Cornell Institute, Leonardo da Vinci, Cady Noland, Knoedler, New York Assembly, Catalogue raisonée, authentication, Dean R. Nicyper, New York University, Colette Loll, Blue Room, Dan Flavin, Dada, Visual Artists Rights Act, Rick Johnson, Rethinking Art Authentication, The Work of Art in the Age of Mechanical Reproduct, Jennifer L. Mass, Art Law Committee, Trial Lawyers Association, Beltracchi, Events, La Bella Principessa, Hyperspectral imaging, Gerhard Richter, New York City Bar Association, Cornell Tech, Rijksmuseum, Cowboys Milking, Andy Warhol, Picasso, New York Senate, Walter Benjamin, Elmyr de Hory, Withers Bergman LLP, Amadeo Modigliani, Amy M. Adler

Topics: Jacobs Technion-Cornell Institute, Dean R. Nicyper, New York University, Colette Loll, Rick Johnson, Jennifer L. Mass, Art Law Committee, Events, New York City Bar Association, Cornell Tech, Rijksmuseum, Withers Bergman LLP, Amy M. Adler

We reported last week on the outrage over the decision by Germany and the Stiftung Preussischer Kulturbesitz (SPK) to argue in their motion to dismiss my clients’ claims to the Welfenschatz that a commercial interaction between German Jews and a cabal instigated by Hermann Goering in 1935 “predated the Holocaust by several years.” As we noted last week, the suggestion that the Holocaust was a distant possibility in 1935 was an indefensible statement, factually, historically, and ethically. The initial reaction was swift and severe. As Germany gets ready to host the First Conference of the German Centre for Cultural Property Losses next week, its policies are hurtling in the wrong direction.

Topics: Jewish Week Mel Urbach, Hermann Goering First Conference of the German Cen, Gesetz zur Wiederherstellung des Berufsbeamtentums, Henning Kahmann, Atlanta, Simon Wiesenthal Center, Varda Neumann Federal Administrative Court, Yale University, Marion Kaplan, New York University, Germany, Nazi-looted art, Hitler, Kristallnacht Rabbi Abraham Cooper, Deborah Lipstadt, U.S. Holocaust Memorial Museum, Markus Stoetzel, Emory University, Behrens, Holocaust, Bloodlands, SPK, Advisory Commission, Black Earth: The Holocaust as History and Warning, Stiftung Preussischer Kulturbesitz, Restitution, Los Angeles, World War II, Law for the Restoration of the Professional Civil, Washington, Raubkunst, Timothy Snyder, Welfenschatz

Topics: Jacobs Technion-Cornell Institute, authentication, Dean R. Nicyper, New York University, Colette Loll, Rick Johnson, Jennifer L. Mass, Art Law Committee, Events, New York City Bar Association, Cornell Tech, Rijksmuseum, Withers Bergman LLP, Amy M. Adler