Art Law Report Header-1

First Ripples in Greece from Parthenon Marble Loan to Russia

Posted by Nicholas O'Donnell on January 8, 2015 at 6:10 AM

Last month it was revealed that the British Museum had loaned a sculpture from the Parthenon, a/k/a Elgin, Marbles to the State Hermitage Museum in St. Petersburg. Reaction ranged from puzzlement to fury. Lee Rosenbaum pondered whether the loan was in fact a trial balloon to prepare for litigation, specifically, to rebut Greece’s claim that the sculptures are a single unified work that should be returned with an argument that the collection of individual objects is more complicated. My reaction really boiled down to the “law” of unintended consequences: once the UK put any of the objects outside its territorial control—let alone in Russia, which has shown little interest in the niceties of international loans and restitution—the British Museum may find itself in a Portrait of Wally situation. 

Read More

Topics: cultural property, Defining Beauty: the Body in ancient Greek Art, Museum of Cycladic Art in Athens, The Art Newspaper, Lee Rosenbaum, Elgin Marbles, Parthenon Marbles, Restitution, British Museum, Events, State Hermitage Museum, Portrait of Wally, The State Hermitage Museum in St. Petersburg, Litigation

New Lawsuit Over Norman Rockwell Authenticity Spotlights Timely Issues

Posted by Nicholas O'Donnell on January 7, 2015 at 12:10 PM

A lawsuit has been filed in New Jersey about the authenticity of a painting sold more than 20 years ago that the gallery allegedly represented was a Norman Rockwell (himself a client of my firm long before my time), but which the plaintiff now alleges was not by the American legend. The case underscores the precarious position of authenticators, and the upside of the bill that has been pending in New York for almost a year now.

Read More

Topics: authentication, authenticity, “Mending his Ways”, Harold Anderson, Laurence Casper, Gallery 63 Antiques, Norman Rockwell, Mobil Oil, Galleries, Isabel Knispel, U.C.C., Barry Knispel, “Patching Pants”

With New Congress, Resale Royalties Bill and Foreign Cultural Exchange Jurisdictional Immunity Clarification Act Are Dead (Again)

Posted by Nicholas O'Donnell on January 5, 2015 at 9:49 AM

A quirk of parliamentary procedure is that any bill in Congress exists only for so long as that particular Congress is in session. This week, the 114th Congress took its seats, meaning that any bill not passed by both the House of Representatives and the Senate, and signed by the President, is a dead letter. This is the fate of many, many bills—indeed most.

Read More

Topics: Legislation, Resale Royalties, Chuck Close, Moral Rights, Nazi-looted art, Foreign Sovereign Immunities Act, 28 U.S. § 1605, Art Law Day, 114th Congress, 22 U.S.C. § 2459, City of Amsterdam, Rep. Jerrold Nadler (D-NY), FSIA, expropriation exception”, droit de suite, IFSA, Foreign Sovereign Immunities, Senate, House of Representatives, Immunity from Seizure Act, President, Foreign Cultural Exchange Jurisdictional Immunity

10, 9, 8…the Biggest Art Law Report Stories of 2014 and a Look Ahead

Posted by Nicholas O'Donnell on December 31, 2014 at 5:00 AM

As the ball teeters above Times Square, and the Glühwein begins to mull on the Art Law Report stove (don’t forget the cinnamon!), a gimmicky but apropos act of reflection is to look back at the biggest stories of 2014, both in art law generally and for yours truly and Sullivan & Worcester LLP. In highly subjective, unverifiable, and immediately criticizeable order, here they are. Thanks as always for reading, and best wishes for in interesting, prosperous New Year. If you agree, disagree, or otherwise, please continue to stay in touch and carry the conversation forward.

Read More

Topics: Comedy Central, Deaccession, Schwabinger Kunstfund, Charitable Foundations, National Gallery of Art, Knoedler, Cornelius Gurlitt, Blogs, authentication, authenticity, parody, William Corcoran, Moral Rights, Above the Law, Germany, George Washington University, Glühwein, Nazi-looted art, Gurlitt Collection, Norton Simon, Graffiti Art, Superior Court, Cy Pres, Washington DC, VARA, Detroit Institute of Arts, Bankruptcy, Corcoran College of Art + Design, Dumb Starbucks, Preemption, Asher Edelman, DIA, Restitution, Marei Von Saher, Artmentum GmbH, Bavaria, Sullivan & Worcester LLP, World War II, Copyright, Times Square, Art Fairs, Kunstmuseum Bern, Corcoran Gallery, Ninth Circuit Court of Appeals, Museums, Raubkunst, Detroit Bankruptcy, Fair Use, Münchner Kunstfund, Foreign Cultural Exchange Jurisdictional Immunity, Graffiti, Civil Forfeiture, Art Law Report

Upcoming Event in Maastricht—Assembling Value: The changing roles of experts and expertise in art and heritage worlds

Posted by Nicholas O'Donnell on December 23, 2014 at 6:20 AM

In 2013 I had the privilege of speaking at the Maastricht University’s Art and Heritage Disputes conference. It was a well-organized session that I enjoyed tremendously, and I met many terrific scholars and practitioners. On top of that, Maastricht is an absolute delight.

Read More

Topics: Rachel Pownall, Renée van de Vall, Assembling Value The changing roles of experts and, Maastricht Centre for Arts and Culture Conservatio, Maastricht University, TEFAF, Raf de Bont, Hildegard Schneider, Vivian van Saaze, Events, Joop de Jong, and the Stichting Restauratie Atelier Limburg, The European Fine Art Fair

Changes in U.S. Law Regarding Cuba Will Affect the Arts

Posted by Nicholas O'Donnell on December 19, 2014 at 5:39 AM

This week’s biggest news story (apart from Above the Law’s Awesome Law Blogs of 2014) is the historic reopening of diplomatic relations between the United States and Cuba after more than fifty years. Like a coda to the end of the Cold War, we all found ourselves watching the President of the United States describing how there will once again be a U.S. embassy in Cuba. For those of us who have not been alive as long as diplomatic ties have been severed and the Castro regime has been in place, it was a remarkable sight indeed.

Read More

Topics: Castro, Sudan, Gabriela Rangel, Auctions, U.S. Treasury’s Office of Foreign Assets Control, President of the United States, OFAC, Above the Law, Congress, Art Basel Miami Beach, North Korea, economic embargo of Cuba, Galleries, Wall Street Journal, President Obama, Art Fairs, State Sponsor of Terrorism List, Cuban peso, the Americas Society, 12 Awesome Law Blogs of 2014, Iran, ArtNet, Syria, Foreign Affairs, Art Law Report, State Department, Cuba, Cold War

The Art Law Report Named to Above the Law’s 12 Awesome Law Blogs of 2014

Posted by Nicholas O'Donnell on December 17, 2014 at 12:46 PM

I was pleasantly surprised to learn today that Above the Law had published an article entitled “The 12 Awesome Law Blogs of 2014,” and right there at Number 1 was none other than the Art Law Report. As Colin O’Keefe and Cara McDonald wrote:

Read More

Topics: the Auto Industry Blog, Retail Law Advisor, Trademarkology, Bob Law’s Law Blog, Stites & Harbison, Nazi-looted art in Munich, Walker O’Neill, ownership intellectual property, authentication, the Goulston & Storrs Retail Group, Above the Law, Gray Reed & McGraw P.C., Gurlitt Collection, BeLabor the Point, Covington & Burling LLP, R-T Specialty LLC, Charles Sartain, art, Canna Law Blog, Stearns Weaver Miller Weissler Alhadeff & Stit, the Art Law Report, Gurlitt, Restitution, Canna Law, David Smyth, Kevin LaCroix, Colin O'Keefe, Goulston & Storrs, Cady Bar the Door, First Amendment, Hilary Bricken, The D&O Diary, Jim Walker, Cruise Law News, Harris Moure, Foley & Lardner, 12 Awesome Law Blogs of 2014, Brooks Pierce, Inside Privacy, Cara McDonald, Energy and the Law

Art Finance and Investment, London Recap and January 26, 2015 Geneva Preview

Posted by Nicholas O'Donnell on December 15, 2014 at 10:27 AM

Last month we posted word of an exciting two-part series hosted by The Art Law Foundation. The first session of “Art Finance and Law” took place on November 26, 2014 in London. The Thanksgiving holiday kept me from attending, but a thorough recap has been written by Rebecca Hawkins at Private Art Investor of the day’s conference, entitled “Risk, Rules and Opportunities in Art Investment.” Hawkins writes, “The key themes that reoccurred throughout the day’s discussions were those of regulation and reputation.” To put it another way, the conference seems to have focused on the timely issues of where art fits into financial planning and secured finance as an asset class, and on a discussion on the proper role of regulation (there being a decided lack of it, compared to other asset classes in the same order of magnitude). The conference also made the presentations themselves available, here. The recap reminded me that I wished I had been able to attend.

Read More

Topics: William Pearlstein, Art Finance, Sotheby’s Financial Services, Philip Hoffman, Emigrant Bank Fine Art Finance, Tim Hunter, Art Business and Research Unit at Sotheby’s Instit, Art Law Foundation, London, Melanie Gerlis, David Arendt, The Art Newspaper, Geneva, Oblyon Art Business Intelligence, Lalive, Paul Aitken, Marco Mercanti, Falcon Fine Art, Events, Sebastian Fahey, Stefanie Berloffa-Spadafora, Rebecca Hawkins, Anna Dempster, Bilan, Private Art Investor, Sotheby's, borro, Li Jun Xian, The Luxembourg Freeport, Fine Art Fund Group, Art Finance And Law Conference Series

Gallery 49® Continues to Break Ground with Natvar Bhavsar: RANG RASA (Transcendent Color)

Posted by Nicholas O'Donnell on December 11, 2014 at 10:11 AM

Tower 49 in Manhattan premiered an exhibition in October that underscores its exciting collaboration of real estate and art. A unique commercial property on 49th Street between 5th Avenue and Madison Avenue, Tower 49 has always been for most New Yorkers a first class office space.

Read More

Topics: Gallery 49®, Tower 49, Natvar Bhavsar, the Economist, Galleries, Natvar Bhavsar: RANG RASA (Transcendent Color), Ai Kato

Parthenon Sculpture Loan to Russia: Legal and Diplomatic Fallout Could be Far-Reaching

Posted by Nicholas O'Donnell on December 9, 2014 at 6:55 AM

The British Museum has announced that it has loaned to Russia one of the sculptures from the Parthenon that widely known as the “Elgin Marbles” after Thomas Bruce, the 7th Earl of Elgin who oversaw their removal from then-Ottoman occupied Greece in 1811-12. The State Hermitage Museum in St. Petersburg is the recipient of the loan, specifically, the sculpture of the river god Ilissos from the west pediment of the Parthenon.

Read More

Topics: cultural property, Pandora’s box, the 7th Earl of Elgin, Temple of Zeus at Olympia, George Clooney, Russia, Thomas Bruce, Amal Alamuddin-Clooney, Elgin Marbles, river god Ilissos, Museum of Modern Art, Greece, The British Museum, Restitution, Pausanias, Parthenon Sculpture, Portrait of Wally, Austria, The State Hermitage Museum in St. Petersburg, Ottoman Empire, Museums, Attica, New York

Sullivan logo

About the Blog


The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

Meet the Editor

Subscribe to Blog

Recent Posts

Posts by Topic

see all