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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.

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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

"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:

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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.

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

ARCA Recaps Fifth Annual Art Crime Conference

Posted by Nicholas O'Donnell on August 27, 2013 at 5:23 AM

The blog of ARCA, the Association for Research into Crimes Against Art, has been running a series of recaps of the June conference in Amelia, Italy at which I was a presenter this past year. The summary of my panel is here (which also included Jerker Rydén and Joris Kila), moderated by Judge Arthur Tompkins, a District Court Judge in New Zealand), and the site contains similar recaps of the other panels. They are worth a detailed read, recalling a fascinating weekend in a stunning locale. Anyone interested in the topics should review the posts and consider the conference and ARCA's summer program.

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Topics: cultural property, Joris Kila, Association for Research into Crimes Against Art, Fifth Annual Art Crime Conference, Judge Arthur Tompkins, Events, Jerker Rydén, ARCA

Speakers List for ARCA Art & Heritage Conference Released

Posted by Nicholas O'Donnell on May 29, 2013 at 10:46 AM

ARCA (Association for Research into Crimes Against Art) has released the Speakers list for next month's Art & Heritage Conference June 21-23 in Amelia, Italy. I will be presenting on the history of World War II restitution litigation in the United States, its effectiveness, and its prospects for the future. The full list is below. Hope to see you there!

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Topics: Carrie Johnson, South Texas College of Law, cultural property, Utrecht University, Stefano Alessandrini, Alesia Koush, Joris Kila, James Moore, Toby Bull, Verity Algar, University of Guelph, Joshua Nelson, Ruth Godthelp, Cynthia Roholt, Saskia Hufnagel, James Bond, Caravaggio, Restitution, University of Reading, Sullivan & Worcester LLP, Events, World War II, Foundation Romualdo Del Bianco, Royal Armouries at the Royal Armouries Museum in L, Judith Harris, Felicity Strong, Amelia, University of Melbourne, University of Amsterdam, Theodosia Latsi, Jerker Rydén, ARCA, University of Cologna, Giulia Mezzi, Nicholas M. O'Donnell, University College London, Royal Library of Sweden, Chris Dobson, Derek Fincham, Art & Heritage Conference, ARTnews

ALI-CLE Legal Issues in Museum Administration Next Week in Chicago

Posted by Nicholas O'Donnell on April 4, 2013 at 12:06 PM

I'm still working on my writeup of last week's terrific Art and Heritage Disputes conference in Maastricht, but with no rest for the weary I'm looking ahead to ALI-CLE's annual Legal Issues in Museum Administration conference next week in Chicago. As usual, the program and faculty are world-class. Hope to see you there.

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Topics: Events, Legal Issues in Museum Adm, ALI-CLE

The Art Law Report to Present Paper in Maastricht, the Netherlands

Posted by Nicholas O'Donnell on December 13, 2012 at 4:09 AM

I will be in Maastricht, the Netherlands, on March 24-25, 2013 at the Art and Heritage Law Conference to present my forthcoming paper to be published in the Special Issue of Transnational Dispute Management, “Art and Heritage Disputes.” The paper (and my presentation) will re-assess the effectiveness of American litigation in the last 15 years seeking restitution of art stolen during World War II.

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Topics: Maastricht, Restitution, Events, the Netherlands, World War II, Transnational Dispute Management, Art and Heritage Disputes

5th Annual Art Litigation and Dispute Resolution Practice Institute November 16, 2012

Posted by Nicholas O'Donnell on November 13, 2012 at 11:48 AM

I'll be winging my way to Houston, but otherwise I would be at the New York County Lawyers' Association's 5th Annual Art Litigation and Dispute Resolution Practice Institute event on Friday, November 16, 2012. Anyone interested should not miss it.

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Topics: Legislation, Renee Vara, Hon. Delissa Ridgway, William Pearlstein, Alexandra Darraby, Cultural Heritage Partners, Hon. Barbara Jaffe, Michael McCullough, Ann Lydecker, Hon. Nicholas Garaufis, Hon. Sherry Klein Heitler, John Cahill, Hon. Kristin Booth Glen, Cook Maran & Associates, Mitchell Silberg & Knupp LLP, Golenbock Eiseman Assor Bell & Peskoe LLP, Chris Robinson, Ralph Lerner, Christine Lepera, Hon. Helen Freedman, Helen Allen, Vara Art, Hon Stephen G. Crane, Kirsten Squires, Marion Werkheiser, L. Eden Burgess, Restitution, Events, Grunfeld Desiderio Lebowitz Silverman Klestadt LLP, Herrick Feinstein LLP, The Art Law Firm, PLLC, Raymond J. Dowd, Dunnington Bartholow & Miller LLP, Darlene Fairman, Cirkers Fine Art Storage & Logistics, Maura Kehoe Collins Artiphile, Art Artifact Architecture & Museum Law, Sharon Levin, James McAndrew, Judith Bresler

Possible Settlement of IRS Dispute Over Rauschenberg's "Canyon"

Posted by Nicholas O'Donnell on November 13, 2012 at 10:50 AM

At Friday’s outstanding Art Law Day presented by the Appraisers Association of America, among the highlights were talks by Ralph Lerner and Judith Bresler, co-authors of the indispensable Art Law (just published in its fourth edition). As part of a panel on Philanthropy and the Law, Lerner gave a notable update on one of the biggest art law stories of the year, the Sonnabend heirs’ battle with the IRS over Robert Rauschenberg’s collage Canyon.

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Topics: Art Law Day, Ralph Lerner, IRS Art Advisory Panel, Canyon, Robert Rauschenberg, Events, Appraisers Association of America, 1918 Migratory Bird Act, 1940 Bald and Golden Eagle Protection Act, Tax, Ileana Sonnabend, Judith Bresler

Art Law Day at NYU Next Friday, November 9, 2012

Posted by Nicholas O'Donnell on October 31, 2012 at 9:23 AM

Although this week's Restitution and Repatriation conference at DePaul was washed out by Hurricane Sandy, another terrific event is on the horizon next week. "Art Law Day" at New York University, hosted by the Appraisers Association of America, will be held on November 9, 2012 at NYU's Kimmel Center. The condensed schedule from the event's website is below. Wishing everyone in New York continued safety, we hope to see you there.

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Topics: Yuri Yanchyshyn, AAA, John Cahill, Donn Zaretzky, Inc., Art Law Day, Jane C. H. Jacob, ARIS, Ralph Lerner, Appraisal, Events, Elizabeth von Habsburg, Jacob Fine Art, Appraisers Association of America, Restitution and Repatriation, IFAR, Kimmel Center, connoisseurship, Winston Art Group, Gloria Velandia, Sharon Flescher, Judith Bresler

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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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