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A Deaccessioning Decision Tree Grows in Brooklyn—Selling Museum Art in Hard Times

Posted by Nicholas O'Donnell on September 23, 2020 at 7:49 AM

Robin Pogrebin at the New York Times has written an excellent piece on the news that the Brooklyn Museum intends to sell several works from its collection to raise money. The museum explicitly relies on the pandemic-inspired announcement in April by the Association of Art Museum Directors (AAMD) relaxing its industry guidance (and pausing sanctions) with regard to the proceeds of the sale of art and how the resulting proceeds should or should not be used. The parallel announcement by a Syracuse museum that it intends to sell a Jackson Pollock painting in a manner more consistent with the old rules provides an instructive moment to consider what has really changed in six months of a new era.

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Topics: The Art Newspaper, Jackson Pollock, Deaccessioning, Boston Globe, Association of Art Museum Directors, Lucas Cranach the Elder, New York Times, AAMD, Berkshire Museum, Apollo Magazine, Brooklyn Museum, Robin Pogrebin, Syracuse University, Anne Pasternak, Lucretia, Courbet, Corot, Red Composition, Lisa Simpson, Donato de’ Bardi, NY Board of Regents, Jeff Jacoby, C. Montgomery Burns, Royal Academy of Arts

Sullivan & Worcester LLP Assists in Relocation of "Digital DNA" from Palo Alto to Harvard

Posted by Nicholas O'Donnell on June 26, 2018 at 10:47 AM

I am pleased to report on the outcome of a matter we announced in February.  After a disagreement with the City of Palo Alto (California) about her sculpture Digital DNA, Sullivan & Worcester LLP client Adriana Varella has agreed to relocate the sculpture to the campus of Harvard Business School.  The agreement is a positive outcome that ultimately did not require litigation, and a reminder of the importance of artists’ rights under the Visual Artists Rights Act of 1990 (“VARA”).  I was honored to be able to work with this incredible artist to preserve her importance sculpture and begin an exciting new chapter for her art.

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Topics: Visual Artists Rights Act of 1990, VARA, Harvard, Boston Globe, Sullivan & Worcester LLP, 5Pointz, Digital DNA, Adriana Varella, Right of integrity, City of Palo Alto, Right of attribution, Harvard Business School

Boston Globe Publishes Article on Welfenschatz Case

Posted by Nicholas O'Donnell on July 15, 2015 at 11:17 AM

The Boston Globe published a story today entitled “Gift to Hitler spurs a claim for justice" about the Welfenschatz case that I filed for my clients earlier this year.

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Topics: Guelph Treasure, Gurlitt Collection, Hitler, Boston Globe, Restitution, World War II, Welfenschatz

FBI Claims to Have "Confirmed Sightings" of Stolen Gardner Artwork, But Offers Only Stale Information and Conjecture

Posted by Nicholas O'Donnell on May 22, 2014 at 6:23 AM

The FBI said today that the bureau has received “confirmed” sightings of the works of art stolen from the Isabella Stewart Gardner Museum in 1990. Thieves dressed as police robbed the museum of thirteen major works of art on March 18, 1990, including works by Rembrandt, Vermeer, Degas and Manet. Read carefully, however, the story is nothing new at all, just a retelling of last year’s “news” released around the anniversary of the theft and a raft of conjecture.

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Topics: Gardner Heist, Philadelphia, Robert Guarente, Degas, and Robert Gentile, Carmello Merlino, The Storm on the Sea of Gallilee, Manet Richard DesLauriers, Isabella Stewart Gardner Museum, Boston Globe, FBI, Rembrandt, Vermeer, Museums, Special Agent Geoff Kelly, La Cosa Nostra

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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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