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Van Gogh Dispute and Temporary Exhibition Loan Collide at Detroit Institute of Arts

Posted by Nicholas O'Donnell on January 20, 2023 at 11:17 AM

A new lawsuit seeking to seize a painting by Van Gogh currently at the Detroit Institute of Arts for the show “Van Gogh in America,” a painting which the plaintiff alleges was unlawfully taken has brought back into focus the law in the United States that address immunity from seizure. That is to say, what are the circumstances under which a work of art loaned on exhibition—even if stolen property—might nonetheless have to be returned to the lender? The results, and the criteria, are often surprising to the casual viewer but are important to review for museums, collectors, and anyone involved in art loans.

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Topics: Malevich, Schiele, 22 U.S.C. § 2459, Pinacoteca di Brera, Museum of Modern Art, Van Gogh, IFSA, Leopold Collection, Portrait of Wally, Immunity from Seizure Act, State Department, Detroit Institute of Art, Brokerarte Capital Partners LLC, The Reading Lady, Liseuse De Romans, George Caram Steeh, Gustavo Soter, The Novel Reader, replevin

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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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