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Russian Ship Turns Away from San Francisco as Part of Chabad Russian Art Embargo Dispute

Posted by Nicholas O'Donnell on October 31, 2011 at 5:05 AM

In a story that did not seem like it could get any more unusual, the long-running Chabad library dispute in Washington, DC that has resulted in a Russian fine art loan embargo for nearly a year took a maritime turn in San Francisco this weekend. At the last minute, a sailing ship named the Nadezhda that was headed to San Francisco on a goodwill tour stopped short of entering the port. It anchored just outside the Golden Gate and awaited a pilot to guide it in. When the pilot headed out, a message was received that the Russian ship would not be docking, and it headed for Mexico.

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Topics: Russia, Restitution, Foreign Sovereign Immunities, Chabad

Beltracchi and Forgers Sentenced in Cologne

Posted by Nicholas O'Donnell on October 28, 2011 at 5:44 AM

The forgery trial in Cologne ended yesterday with the sentencing of Wolfgang Beltracchi and his co-defendants for their now-infamous forgeries and sale of the fictional "Werner Jäger" collection-the name of his wife's grandfather. Beltracchi was sentenced to 6 years, consistent with the deal struck last month with prosecutors, the other defendants (including his wife) to various lesser terms.

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Topics: Cologne, Forgery, Germany, Wolfgang Beltracchi, connoisseurship, Max Ernst

Russian Art Embargo News: Chabad Plaintiffs Put Request for Sanctions on Hold

Posted by Nicholas O'Donnell on October 20, 2011 at 10:21 AM

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).

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Topics: Russia, Restitution, World War II, Foreign Sovereign Immunities, Chabad

Christie’s and Sotheby’s Sued over California Resale Rights

Posted by Nicholas O'Donnell on October 20, 2011 at 5:56 AM

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

Ellis Boston Begins Today

Posted by Nicholas O'Donnell on October 20, 2011 at 5:41 AM

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 Collectorabout 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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Barnes Foundation Case Dismissed, Relocation to Philadelphia Will Proceed

Posted by Nicholas O'Donnell on October 7, 2011 at 5:50 AM

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

The Art Law Report at Ellis Boston Antiques

Posted by Nicholas O'Donnell on October 6, 2011 at 8:23 AM

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 Collectorabout 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

Herzog Case Against Hungarian Museums Focuses on Issues to Be Appealed

Posted by Nicholas O'Donnell on October 5, 2011 at 1:15 PM

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

Confession in German Forgery Trial

Posted by Nicholas O'Donnell on September 28, 2011 at 8:31 AM

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

German Forgery Trial Update-Deal Offered?

Posted by Nicholas O'Donnell on September 27, 2011 at 9:14 AM

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

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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.

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