I am pleased to be a presenter and panelist at an event later this month on a topic of evergreen currency: museums and deaccessioning. As we’ve covered here, the pandemic has put pressure on museums in ways that were hard to foresee only 12 months ago. The response by museums, museum associations, and attorneys general has taken a variety of approaches. Just in the last year alone from Brooklyn, to Baltimore, to Syracuse, and most recently the Metropolitan Museum of Art, whether, when, and how museums should handle sales of their collections remains a volatile subject.
Read More
Topics:
Donn Zaretsky,
Dallas Museum of Art,
New York University,
Deaccessioning,
Williams College,
Christie's,
Sullivan & Worcester LLP,
Sotheby's,
17 U.S.C. § 106A(a)(3)(A)-(B),
Nicholas M. O'Donnell,
ARTnews,
Jakob Dupont,
Sarah Douglas,
Brooklyn Museum,
Syracuse University,
Anne Pasternak,
Stephanie Johnson-Cunningham,
Museum Hue,
Dean Craig M. Boise,
Andrew Saluti,
Agustín Arteaga,
Joseph Thompson,
Massachusetts Museum of Contemporary Art,
Courtney Aladro,
Mark Gold,
James Sheehan,
Steven Lubar,
Brown University,
Everson Museum of Art,
Emily Stokes-Rees,
Cara Starke,
Sally Yerkovich,
Brian Frye,
University of Kentucky College of Law,
Silberman Zaretsky, PC,
Peter Dean,
Randolph College,
Andria Derstine,
Oberlin College,
William Eiland,
Carl Van Vechten Art Gallery,
Christy Coleman,
Ken Turino,
Nina del Rio,
Hindman Auctions,
Michael Shapiro,
Allison Whiting,
Julia Courtney,
Christopher Bedford,
The Baltimore Museum of Art,
Julia Pelta,
Fisher Museum,
Thomas Campbell,
Fine Arts Museums of San Francisco,
Linda Harrison,
Glenn D. Lowry,
The Museum of Modern Art,
Tracey Riese,
Melody Kanschat,
Museum Leadership Institute,
Sterling and Francine Clark Art Institute,
Betsy Bradley,
Mississippi Museum of Art,
Michael O’Hare,
Goldman School of Public Policy,
University of California at Berkeley,
Erin Richardson,
Frank & Glory,
Smith Green & Gold LLP,
New York State Department of Law,
Michael Conforti,
Amy Whitaker,
Stefanie Jandl,
Deborah Kass,
Amalia Mesa-Bains,
Meleko Mokgosi,
Wendy Red Star,
Carrie Mae Weems,
Pulitzer Arts Foundation,
Roxana Velásquez,
The San Diego Museum of Art,
University of Georgia Museum of Art,
Jamaal Sheats,
Fisk University,
Kristina Durocher,
Association of Academic Museums and Galleries,
Jamestown-Yorktown Foundation,
Historic New England,
Lawrence Yerdon,
Strawbery Banke Museum,
Scott Wands,
American Association for State and Local History,
When is it Okay to Sell the Monet?,
Glenn Adamson,
Bern University of the Arts,
Michelle Millar,
The Newark Museum of Art
A sculpture in China that is remarkably similar to Anish Kapoor’s famous Cloud Gate in Chicago is highlighting how the colloquial use of words like appropriation and plagiarism, while useful and descriptive to distinguishing the creative process, can often confuse the issue when it comes to sorting out the parties’ legal rights. While the opinion here is that Kapoor has a good case for infringement (Cloud Gate-gate?), it is not the idea of plagiarism that would support his claim.
Read More
Topics:
Donn Zaretsky,
Xinjiang,
Infringement,
Pressure,
SuicideGirls,
Foreign Sovereign Immunities Act,
Freddie Mercury,
Rahm Emmanuel,
Ma Jun,
Chicago Sun Times,
Ice Ice Baby,
David Bowie,
FSIA,
Karamay,
Copyright,
Cloud Gate,
Millennium Park,
The Art Law Blog,
Anish Kapoor,
Plagiarism,
Fair Use
The ABA Journal has opened voting again on its annual “Blog 100,” a roll of notable legal blogs. I’ve submitted votes for the following blogs (in no particular order), which I have bookmarked and consult regularly. The great thing about blogging, I have found, is the ability it gives the reader (and the blogger) to survey multiple perspectives on a subject. So when resale royalties are under discussion, or fair use, I don’t want to read only articles that I agree with or that take the same approach that I would. I also want to hear something I never would have thought of, and expand the conversation.
Read More
Topics:
Donn Zaretsky,
Paul Howcroft,
ABA Journal,
Stropheus,
Blogs,
Judith Prowda,
Art Law & More,
London,
Peter Bert,
Fladgate LLP,
Richard Lehun,
Constantine Cannon LLP,
Irina Tarsis,
Blog 100,
Azmina Jasani,
Pierre Valentin,
Silberman and Associates,
Dispute Resolution in Germany,
Art@Law,
Boodle Hatfield LLP,
Taylor Wessing,
Natalia Mikolajczyk,
Private Art Investor,
The Art Law Blog,
Art Law London,
Becky Shaw,
Tim Maxwell,
Center for Art Law,
Frankfurt
We mused recently about (and tried to clarify) the possible tension between the Detroit Institute of Arts’ successful scuttling of any plans to consider selling its collection to satisfy the city’s debts in the Detroit Bankruptcy. The purpose of the post was not guileful: it seemed likely that many readers might be confused about how Detroit could propose to sell artwork when so much coverage had been addressed to the idea of not selling artwork. In fact, the two ideas are entirely consistent with the consensus of museum governance ethics, but we thought it was an occasion to prompt discussion about the policy behind those ethical guidelines. After all, apart from New York, the rules of deaccessioning are not actually law, they are enforced essentially through collective opprobrium. To facilate that discussion, I quoted Donn Zaretsky, a prominent critic of the status quo, for readers to consider on the one hand, against the guidelines themselves on the other hand.
Read More
Topics:
Donn Zaretsky,
Deaccession,
Detroit bank,
Graham W. J. Beal,
Randy Kennedy,
Deaccessioning,
Van Gogh,
Detroit Institute of Arts,
DIA,
Museums,
New York Times,
Chagall,
Detroit Bankruptcy,
Art Law Report
The intermediate appeals court in New York affirmed last week the dismissal of Ronald Perelman’s lawsuit against Larry Gagosian (the initial dismissal was earlier this year). Although we did not analyze the underlying dismissal when it happened (Donn Zaretsky wrote a terrific recap at the time, here). The result, while not terrible surprising at this point, does underscore some important points to remember about the parties’ rights and duties in an art transaction.
Read More
Topics:
Legislation,
Donn Zaretsky,
Gagosian Gallery Inc.,
Appellate Divisision,
MacAndrews & Forbes Group LLC,
Jeff Koons,
opinion of value,
Galleries,
Ronald Perelman,
express warranty,
Larry Gagosian,
U.C.C. § 2-313
There has much much Internet mirth about the recent publication of the Third Edition of the Compendium of U.S. Copyright Office Practices, more specifically, the Compendium’s statement that “the Office will refuse to register a claim if it determines that a human being did not create the work.”
Read More
Topics:
Donn Zaretsky,
Third Edition of the Compendium of U.S. Copyright,
monkey selfie,
Internet,
crested black macaque,
Lawrence Robbins,
David Slater,
Copyright,
Trending Trademarks,
Art Law Report
As reported initially, Judge Robert Okun of the District of Columbia Superior Court allowed yesterday the cy prés petition by the trustees of the Corcoran Gallery and the Corcoran College of Art + Design. The full opinion can be read here. The petition asked to reform the trust of William Corcoran to permit a merger with the National Gallery of Art and George Washington University, a merger that will now proceed. The ruling addresses the financial condition of the Corcoran at length, but what is perhaps most interesting is the court’s acceptance of a central argument made by the Corcoran that selling its artwork to shore up its finances was an unacceptable way to proceed. This adopts the view, espoused most prominently by the American Alliance of Museums (AAM) and the Association of Art Museum Directors (AAMD), that deaccessioning for anything other than the purchase or care of art is anathema. Right or wrong, that acceptance in this opinion should have long lasting effects. Framing the question in this way was a work of skilled lawyering by the Corcoran’s attorneys, and kudos must go as well to the interveners and their counsel, without whom the other side of the story would have had no advocates at the trial. Those interveners have stated that they do not intend to appeal, meaning the case is over. Jayme McLellan, founder of Save the Corcoran, issued a statement after the ruling that “The Corcoran as we know it is gone. We fought the good fight." Incidentally, in response to our earlier reporting of McLellan’s role, I received an e-mail yesterday from Mimi Carter, the Corcoran’s Vice President, Marketing & Communication. Ms. Carter stated “Jayme McLellan was not fired from the Corcoran. She resigned in 2012, as mentioned on the first day of court hearings, citing differences with leadership. While there was a miscommunication with Ms. McLellan because of a lack of internal systems, due to a diminished staff and finances, she was not offered a contract to teach this coming Fall. Statements of retaliation are simply false.”
Read More
Topics:
Donn Zaretsky,
Middles States Commission on Higher Education,
Harry Hopper III,
Anne Smith,
Deaccession,
Kathy Raffa,
National Gallery of Art,
Chiara Trabucchi,
Industrial Economics,
Jayme McLellan,
William Corcoran,
Save the Corcoran,
George Washington University,
sanctions,
Corcoran Merger,
University of Maryland,
Deaccessioning,
Cy Pres,
Judge Robert Okun,
Sergio Muñoz Sarmiento,
District of Columbia Superior Court,
AAM Code of Ethics,
Corcoran College of Art + Design,
Lauren Stack,
Alexander Haas,
Paul Johnson,
Trusts,
Art Institute of Chicago,
Dr. Steven Knapp,
Corcoran Gallery,
Museums,
New York Times,
Sean O’Connor,
Caroline Lacey,
MSCHE,
Dr. Wallach Loh,
Deaccessioning Blog,
Art Law Report,
Mimi Carter,
National Public Radio
The Washington Business Journal‘s Rebecca Cooper tweeted today from the courtroom today that District of Columbia Superior Court Judge Robert Okun has allowed in part the motion to intervene in the Corcoran Gallery cy prés petition. Reports are that current students of the College of Art + Design, as well as current Corcoran employees were allowed to intervene, while intervention was denied to the organization “Save the Corcoran” and past employees and students.
Read More
Topics:
Donn Zaretsky,
Deaccession,
Washington Business Journal,
National Gallery of Art,
Save the Corcoran,
George Washington University,
Lee Rosenbaum,
Rebecca Cooper,
Cy Pres,
Judge Robert Okun,
District of Columbia Superior Court,
Corcoran College of Art + Design,
District Attorney General Irvin Nathan,
Trusts,
Corcoran Gallery,
District of Columbia,
Museums
As we reported back in February, the State Assembly and Senate are considering parallel versions of an amendment to the New York Arts & Cultural Affairs Law that would enhance protections for art authenticators by raising the burden of proof and providing for prevailing-party attorneys’ fees. Our view was, and remains, that the law would be an improvement on the status quo because it would protect the player that often has the least upside in an authentication but who may find herself the target of the disappointed party’s wrath.
Read More
Topics:
Donn Zaretsky,
Andy Warhol Foundation,
Art in America,
Daniel Grant,
New York State Assembly,
authentication,
Tracy Zwick,
American Rule,
Bill No. A09016,
Art Law Day,
New York Observer,
clear and convincing evidence,
Wolfgang Beltracchi,
Art Law Committee,
Chagall Committee,
Appraisers Association of America,
Keith Haring Foundation,
New York Arts and Cultural Affairs Law,
New York City Bar Association,
authenticator,
M. Knoedler & Co.,
Chagall,
Senate Bill No. S06794
Reflecting on the recent argument by the Detroit Institute of Arts that the city of Detroit cannot legally sell, let alone be forced to sell, the artwork in the museum to satisfy creditor, some overlapping terminology creates the possibility of an important confusion. Particularly in the realm of deaccessioning, this distinctions are quite important. Meanwhile, the state of Michigan today approved its part of the “Grand Bargain” to subsidize the bankruptcy to avoid sale or encumbrance of the artwork.
Read More
Topics:
Donn Zaretsky,
Roberta Smith,
Rose Art Museum,
Lee Rosenbaum,
Columbia University,
Deaccessioning,
Detroit Institute of Arts,
Isabella Stewart Gardner Museum,
Association of Art Museum Directors,
Michigan,
Albright-Knox Gallery,
New York Times,
Detroit Bankruptcy,
AAMD,
Edward Hopper,
Pennsylvania Academy of Fine Arts,
grand bargain,
Brandeis University,
Barnes Foundation
