Art Law Report Header-1

Appraisers Association of America Art Law Day at New York University November 8, 2013

Posted by Nicholas O'Donnell on October 22, 2013 at 6:21 AM

The Appraisers Association of America is hosting its annual Art Law Day on November 8, 2013 at the Kimmel Center at NYU. The schedule, from the event page, is below. This is always a content-packed and thought-provoking day. They keynote address about legislation for authentication experts should be fascinating, and is particularly timely. See you there!

Read More

Topics: Karen Sanig, Yuri Yanchyshyn, AXA Art Insurance Corporation, Christopher Robinson, New York University, ARIS Title Insurance Corporation, Steve Pincus, GV Art Conservation, John Cahill, Theresa Melchiorre, Citi Commercial Bank, Art Law Day, Judith Pearson, DePaul University of Law, Yael Weitz, Chris Marinello, Ralph Lerner, David Gorenberg, Appraisal, Jill Arnold, Laurie Rush, Betty Krulik, Events, Simon Hornby, DeWitt Stern Group, Elizabeth von Habsburg, iGavel Auctions, Herrick Feinstein LLP, Appraisers Association of America, Terry Shtob, Art Recovery International, Lark Mason, IRS, Crozier Fine Arts, Mishcon de Reya, Patty Gerstenblith, Dean Nicyper, Winston Art Group, Period Furniture Conservation LLC, Michael McCoullough LLC, Withers Bergman LLP, Gloria Velandia, Judith Bresler

Banksy and Vandalism

Posted by Nicholas O'Donnell on October 18, 2013 at 11:13 AM

The Center for Art Law has a thought-provoking piece about the intersection of property rights and Banksy’s “residence” in New York right now. Mayor Bloomberg went on record too as saying he considered graffiti, and implicitly the works themselves, “a sign of decay.” It’s hard to see a court making an exception in New York City for graffiti, no matter what the art world says.

Read More

Topics: David Hammons, Rock Fan, Public Art, Graffiti Art, Williams College, Michael Bloomberg, Banksy, Chapin Hall, Eugene Johnson, vandalism, Center for Art Law

Lauren Clay, the David Smith Estate, David Dodde, and Fair Use: Are We Learning Anything?

Posted by Nicholas O'Donnell on October 18, 2013 at 11:07 AM

A pair of recent disputes over sculpture, fair use and moral rights highlights the ongoing concern that Prince v. Cariou has made things worse, not better. The first concerns the estate of sculptor David Smith, and sculptor Lauren Clay. As Art in America put it, “Clay's works replicate the shapes of Smith's large metal ‘Cubi’ sculptures at tabletop scale in materials such as paper, and with faux wood grain or marble finishes.’ The Smith estate, through its reprsentatives at VAGA, took issue with this as a violation of Smith’s copyright. During the discussion, VAGA apparently proposed an agreement in which Clay would agree either not to sell the works, or only to display them with a disclaimer that the works were not authorized.

Read More

Topics: Donn Zaretsky, Yellow Submarine, Art in America, La Grande Vitesse, Prince v. Cariou, the Donald Smith Estate, Visual Artists Rights Act, Sergio Muñoz Sarmiento, VARA, Alexander Calder, Copyright, Fair Use, Lauren Clay, David Dodde

Free Speech, Fair Use, and Meaning—Recapping An Evening of Copyright and the Visual Arts at the Sotheby’s Institute

Posted by Nicholas O'Donnell on October 17, 2013 at 1:34 PM

Last night was a fascinating evening at the Sotheby’s Institute in New York, where Judith Prowda was celebrating the launch of her new book Visual Arts and the Law (Lund Humphries 2013). The book, not at all incidentally, is a must-have.

Read More

Topics: free speech, Richard Prince, Amy Adler, Campbell v. Acuff-Rose Music, Judith Prowda, Canal Zone, Patrick Cariou, Lund Humphries, Boies Schiller, American Society of Media Photographers, Yes Rasta, Kirkland & Ellis, NYU Law School, Events, Picture Archive Council of America, Shepard Fairey, Dale Cendali, Copyright, Hope, Visual Arts and the Law, transformative, First Amendment, Associated Press, Sotheby’s Institute, Fair Use

Detroit Emergency Manager Expects DIA Collection to Bring Revenue

Posted by Nicholas O'Donnell on October 14, 2013 at 8:29 AM

As the controversy around the possible sale of the Detroit Institute of Arts’ collection continues to swirl, Emergency Manager Kevyn Orr has given some of his most pointed comments to date about his expectations.

Read More

Topics: Diego Rivera, Michigan Attorney General, Judge Rhodes, Christie's, Detroit Institute of Arts, Bankruptcy, Michigan Constitution, Bill Schuette, Kevyn Orr, Detroit Bankruptcy

"Selling the Museum's Collection: Is Deaccessioning Ever Appropriate?" at Columbia October 28, 2013

Posted by Nicholas O'Donnell on October 11, 2013 at 11:12 AM

A reminder that two weeks from Monday, I will join a panel discusion at Columbia Law School entited "Selling the Museum's Collection: Is Deaccessioning Ever Appropriate?" From the event description:

Read More

Topics: Donn Zaretsky, Roberta Smith, Deaccession, Pippa Loengard, Detroit Institute of Arts, the Art Law Report, Events, Columbia Law School, Nicholas O'Donnell, New York Times

IBA Annual Conference Starts Today in Boston

Posted by Nicholas O'Donnell on October 6, 2013 at 7:30 AM

I’ll be at the International Bar Association Conference all week here in Boston, starting tonight. Among others, I’m looking forward to the sessions below (the first featuring my partner at Sullivan & Worcester, Laura Steinberg, the trademark panel featuring my partner at Sullivan & Worcester Kim Herman, and others given by the Art, Cultural Institutions and Heritage Law Committee). If you follow the Art Law Report and you’ll be in attendance, welcome to Boston, and drop a line or a Tweet.

Read More

Topics: Laura Steinberg, Annual Conference, Kim Herman, Sullivan & Worcester LLP, Events, Copyright, Boston, IBA, International Bar Association

Fair Use and Social Utility: Google Books Case Could Drive Copying of Visual Arts in the Name of Access

Posted by Nicholas O'Donnell on September 30, 2013 at 5:15 AM

Comments by the federal judge overseeing the copyright dispute arising out of the Google Books project could portend a lasting effect on reproductions of visual arts. Elevating the question of social benefit in a fair use analysis, Judge Denny Chin of the U.S. District Court for the Southern District of New York posed a question that, applied broadly (which is no theoretical proposition where Google is involved) could turn fair use analysis on its head. Time will tell if the comments were oral argument musings or something more lasting.

Read More

Topics: Google Books, 17 U.S.C. § 107, Copyright, The Authors Guild, Judge Denny Chin, Fair Use

Coverage of Lessig "Lisztomania" DCMA Takedown Lawsuit Continues

Posted by Nicholas O'Donnell on September 27, 2013 at 5:10 AM

News media have started to pick up on the lawsuit filed in August by Lawrence Lessig, which challenges takedown notice practices by Liberation Music under the Digital Millennium Copyright Act of 1998 (the “DMCA”) in relation to Lessig's lecture series later posted on YouTube, which featured third party content creators and the song "Lisztomania" by the French band Phoenix, whose copyrights Liberation apparently claims it enforces.

Read More

Topics: Massachusetts Lawyers Weekly, Lawrence Lessig, Lisztomania, Copyright, Liberation Music Pty Ltd

Knoedler Forgery Cases Foretell New Battleground Over Art Dealer Diligence

Posted by Nicholas O'Donnell on September 25, 2013 at 1:04 PM

For more than two years now, the collapse of the M. Knoedler & Co. Gallery in New York amidst allegations of forged paintings by well-known 20th Century artists has sent ripples in all directions: legal, art historical, legislative, and connoisseurship. Several recent developments have drawn focus to the likely litigation fallout among those affected by the scandal.

Read More

Topics: Andy Warhol Foundation, Daedalus Foundation, William K. Rashabaum, Forgery, Knoedler, Ann Freedman, Wolfgang Belctracchi, Marco Grassi, Jackson Pollock, Robert Motherwell, Patricia Cohen, Litigation, Glafira Rosales, New York Times, M. Knoedler & Co., connoisseurship, New York Magazine, National Public Radio

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