The Super Bowl is America’s biggest civic holiday, in many ways. The country’s most popular sport combines with the country’s desire just to sit and watch television in a once-a-year event. This year did not disappoint, in one of the most exciting contests in the game’s history, the New England Patriots prevailed over the Seattle Seahawks 28-24, sealed by a game-winning drive by Tom Brady and a last-minute interception by Malcom Butler.
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Topics: Left Shark, Seattle Seahawks, Glendale, California Gurls Richard Prince, Hooray for Everything, Halftime Show, Malcom Butler, Katy Perry, Arizona, Jay Darby, New England Patriots, NYU Law School, Super Bowl, Rorschach Test, Copyright, Garcia v. Google et al., Ninth Circuit, Tumblr, Chris Sprigman, Tom Brady, Fair Use, Rastafarians Patrick Cariou, Art Law Report
The Appellate Division, First Department, has affirmed the 2013 dismissal of claims in a lawsuit challenging the admissions policy of the Metropolitan Museum in New York.
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Topics: Litigation, Museums
Schweizer Radio und Fernsehen (SRF) reported yesterday that the challenge by Uta Werner to her cousin Cornelius Gurlitt’s will may extend late into this year. Werner has petitioned the court in Munich to set aside the last will and testament that named the Kunstmuseum in Bern as Gurlitt’s sole heir and beneficiary of the 1,280 works of art found in his apartment in 2012, as well as those in Salzburg. In November, the Kunstmuseum, the Bavarian government, and the German government announced to great fanfare but little analysis that the museum would accept the bequest and work with the Gurlitt Task Force to sort through objects with questionable provenance related to Hildebrand Gurlitt’s role as an approved dealer of “degenerate art” under the Nazis, and the concern that some of the objects may be Nazi-looted art.
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Topics: Frankfurter Allgemeine Zeitung, Cornelius Gurlitt, Breslau, Henri Hinrichsen, Stefan Koldehoff, Die Bilder Sind Unter Uns Das Geschäft mit der NS-, Zwei Reiter am Strand, Max Liebermann, Germany, Fall Gurlitt, Nazi-looted art, Gurlitt Collection, SRF, Hildebrand Gurltt, will contest, Gurlitt, Restitution, David Toren, World War II, Task Force, Die Zeit, Schweizer Radio und Fernsehen, Kunstmuseum Bern, Martha Hinrichsen, Raubkunst, The Pictures Are Under Us Business in Nazi-Looted, last will and testament
The Art Law Foundation in Geneva (Fondation pour le droit de l’art), together with the Banking Law Centre at the University of Geneva, hosted a sterling event on Monday in Geneva. This was the second part in a series spearheaded by the Foundation, the first day was held in London in November. While I was not able to attend the London event, it was very well received, and together with this week’s event it must be said that the organization is up to great things. Their events page (here) is something anyone interested should book mark. In particular, these events have showcased sophisticated insights into market-based aspects of art and law, which whether we like it or not is what is driving the discussion (and will continue to). A real hats off to the organizers, in particular Attorneys Sandrine Giroud of Lalive, and Pierre Gabus of Gabus Avocats, a director and president, respectively, of the Foundation.
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Topics: China, Pierre Gabus, Art Finance, Sotheby’s Financial Services, Fremdverwaltung, leverage, Xavier Oberson, Alexandre Quiquerez, Philip Hoffman, Frédéric Dawance, Art Business and Research Unit at Sotheby’s Instit, authenticity, Art Law Foundation, Swiss Collective Investment Schemes Act, The Art Newspaper, Geneva, artgenève, Fine Arts Expert Institute, Manuela de Kerchove, Sandrine Giroud, Lalive, Supervised Qualified Investors, Natural Le Coultre, Yan Walther, feeder funds, Jan Prasens, Abel Avocats, Farrer & Co LLP, Lombard Odier, Events, Tutela Capital, James Carleton, Sotheby's, U.C.C., Yves Bouvier, Schroders, Fabian Bocart, Fine Art Fund Group, Art Finance And Law Conference Series
News came last week that another lawsuit has been filed over allegations of misappropriation of graffiti images. In this case, as summarized nicely by Cait Munro on ArtNet (I haven’t seen the complaint yet), graffiti artist Craig Anthony Miller:
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Topics: Craig Anthony Miller, "Elephant Mural", Graffiti Art, Visual Artists Rights Act, VARA, Toll Brothers, Copyright, 5Pointz, Cait Munro, ArtNet
The Art, Cultural Institutions and Heritage Committee of the International Bar Association (of which I am a member) will be sponsoring an event March 26-27, 2015 at Sotheby’s in London. The IBA Individual Tax and Private Client Committee is also a co-sponsor, in connection with the IBA European Regional Forum. Sotheby’s is located at 34-35 New Bond Street in London.
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Topics: Karen Sanig, Daniel Simon Collyer Bristow, Helly Nahmed Gallery, The Princely Collections, Lucian Simmons Steven Thomas, Art Finance, Mary Romano, Rina Pantalony, Philip Hoffman, International Julius Baer, Luke Dugdale, Helly Nahmad, UGGC Avocats, Studio Legale Jacobacci & Associati, Mark Cornell, UK Government Art Collection, ICOM, Daniel Tunkel Howard Kennedy, Peter Polak, David Arendt, Adrian Parkhouse, Diana Wierbicki, Paris, Guy Simonius, Bloomberg, Johann Kräftner, Art Cultural Institutions and Heritage Committee o, Columbia University, Geneva; Wendy Philips, Herrick, ARIS Title, Melanie Gerlis The Art Newspaper, Jasper Sharp, Sandrine Giroud, Cadell & Co, Scotland Yard, Lalive, Jean-Francois Canat, Houston Francesca von Habsburg, 1858 Ltd Art Advisory, Viola Reikhel-Bolot, UCLA School of Law, Thyssen-Bornemisza Art Contemporary, Stephen D Brodie, Fine Art Wealth Management, The Fine Art Fund Group, Marlborough Contemporary, Los Angeles, Randall Willette, Events, Massimo Sterpi, Luxembourg, Sherri North Cohen, Dreweatts & Bloomsbury Auctions, Le Freeport, Kunsthistorisches Museum, LIECHTENSTEIN, Adrian George, Fabrizio Moretti, Alfredo Perez, Mishcon de Reya¸ George Bailey, TEFAF Maastricht, Mark Stephens, Dick Ellis, IBA Individual Tax and Private Client Committee, Goldsmiths London University, Andrew Renton, Withers, Sotheby's, Legal Issues in Museum Administration, Vaduz, Zürich, IBA, Vienna, Pure Love of Art versus Mere Investment, New York
The Norton Simon Museum in Pasadena’s efforts to bring an end to the claim by Marei von Saher to Lucas Cranach the Elder’s Adam and Eve failed yesterday, as the United States Supreme Court declined to hear the museum’s appeal from the decision last year by the Ninth Circuit Court of Appeals that restored the claims. The Supreme Court denied what is called a writ of certiorari, which is a discretionary appeal from a lower court. The high Court can accept cases on appeal from final judgments (as would be the case had the museum prevailed) or, as here, what are called interlocutory appeals—appeals of matters still in process. The Ninth Circuit decision revived Von Saher’s case and sent them back to the District Court for litigation, and the Norton Simon’s petition asked the Supreme Court to intervene and put an end to it. The overwhelming proportion of certiorari petitions are denied, interlocutory appeals even more so (courts favor hearing appeals of final judgments to avoid piecemeal adjudications). This is the second certiorari petition in the case: in 2011, Von Saher was on the losing end of a petition when her case had been dismissed under an earlier version of California’s statute of limitations.
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Topics: Legislation, Dutch Secretary for Education Culture and Science, Norton Simon Museum, Alois Miedl, Lilly Cassirer, Norton Simon Art Foundation, Rue Saint-Honoré après-midi effet de pluie, Jacques Goudstikker, George Stroganoff-Scherbatoff, Hermann Goring, Restitution, Marei Von Saher, Jr., World War II, act of state doctrine, Cassirer v. Kingdom of Spain, Lucas Cranach the Elder, Camille Pissarro, Soviet Union, foreign affairs doctrine, California Section 354.3 of Code of Civil Procedur, Von Saher v. Norton Simon Museum of Art
Periodically I like to make note of books about art law that I find exceptional. Art law is many things to many people, and one of the interesting things in surveying the literature is seeing what selection various authors make in terms of their subject matter. I reviewed the excellent Art Collecting Legal Handbook by Massimo Sterpi and Bruno Boesch recently, and the strength of that book was their choice to take a set of questions recurring in art collecting in particular to experts around the world. It’s a fantastic resource for collectors and lawyers.
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Topics: Art Finance, Stropheus, Auctions, Judith Prowda, authentication, droite de suite, Moral Rights, art law, expert opinions, dealers, Restitution, Massimo Sterpi, Art Collecting Legal Handbook, Galleries, Copyright, Books, . Auctions, Sotheby’s Institute, Fair Use, Berne Convention, Bruno Boesch
After word got around that the American Royalties Too Act of 2014 had expired, (covered by Whitney Kimball at ArtFCity, Coline Milliard at ArtNet here, and Jillian Steinhauer at Hyperallergic here), the natural question of course remains, “what’s next.” Steinhauser spoke to John Doty, director of Jerrold Nadler’s office. Doty said, “Congressman Nadler does plan to reintroduce the bill this Congress. An exact date and exact bill language have not yet been decided.
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Topics: Resale Royalty Rights, Resale Royalties, Coline Milliard, Hyperallergic, Moral Rights, Kibum Kim, Whitney Kimball, art, ArtFCity, Jerrold Nadler, Jillian Steinhauer, The Contract, Copyright, Seth Sieglaub, John Doty, ArtNet, Robert Projanksy, American Royalties Too Act of 2014, Artist’s Reserved Rights Transfer and Sale Agreeme
A reminder of this month’s marquee event in Geneva, the second in a two part series “Art Finance and Law” organized by the Art Law Foundation at the University of Geneva (the first, in London last November, is recapped here). My ticket is booked, so I hope to see you there. If you’ll be in attendance, drop me a line so we can connect either at the conference or in Genveva. Bon voyage!
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Topics: Pierre Gabus, William Pearlstein, Prof. Xavier Oberson, Université Lyon, Art Finance, Sotheby’s Financial Services, Alexandre Quiquerez, Philip Hoffman, Myret Zaki, Emigrant Bank Fine Art Finance, Frédéric Dawance, Tim Hunter, Art Business and Research Unit at Sotheby’s Instit, Art Law Foundation, London, Melanie Gerlis, David Arendt, The Art Newspaper, Geneva, The Fine Art Fund, Fine Arts Expert Institute, Philipp Fischer, Oblyon Art Business Intelligence, Manuela de Kerchove, Banque Lombard Odier & Cie SA, Luc Thévenoz, Sandrine Giroud, Lalive, Natural Le Coultre, Yan Walther, Jan Prasens, Farrer & Co LLP, Paul Aitken, Marco Mercanti, Falcon Fine Art, Events, Sebastian Fahey, Stefanie Berloffa-Spadafora, Rebecca Hawkins, Bilan, Tutela Capital, Private Art Investor, Abels Avocats, James Carleton, Sotheby's, borro, Li Jun Xian, Université de Genève, Yves Bouvier, Schroders, The Luxembourg Freeport, Fabian Bocart, Fine Art Fund Group, Art Finance And Law Conference Series
