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@centerforartlaw
Subhash Kapoor: A Decade in Review
Subhash Kapoor: A Decade in Review
By Julianne Schmidt. In the fall of 2011, Subhash Kapoor, an antiquities dealer based in New York, made headlines in the art world for being arrested by Interpol in Frankfurt, Germany. Indian officials had contacted Interpol prior to Kapoor’s visit to Germany to set out a red alert notice for his arrest.[1] The Tamil Nadu Idol Wing, Criminal Investigation Department had evidence connecting…
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Blockchain: Know Your Client and Know Your Provenance
Blockchain: Know Your Client and Know Your Provenance
Can Blockchain Help with Growing Anti-Money Laundering Regulations? By Andrea Canzano. The continued growth of New Media Art, including Non-Fungible Tokens (“NFTs”), online exhibitions, and online sales of physical works has shifted the art market into new territories. Similarly, the growing suspicion of money laundering in the market and the regulatory response have added further implications…
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Case Review: German Advisory Commission’s Recommendation in Rieger v. City of Cologne (2021)
Case Review: German Advisory Commission’s Recommendation in Rieger v. City of Cologne (2021)
By Rachel Sundar. Until 2021, with one exception, the German Advisory Commission on the Return of Cultural Property Seized as a Result of Nazi Persecution, Especially Jewish Property (“the Commission”), had recommended merely one to two restitutions annually.[1] Yet with its recent recommendation in Rieger v. City of Cologne, issued on February 8th, 2021, and the ensuing recommendation published…
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The Colonization of Native American Trademarks and Designs: the past, present, and (potentially decolonized) future
The Colonization of Native American Trademarks and Designs: the past, present, and (potentially decolonized)Â future
By Tyler Heneghan. Native American tribes, artists, designers, and spiritual healers have long been associated with the production of high-quality, unique, and effective designs, arts, medicines, and crops among a variety of other creations. Many of these creations were never intended for people outside of their originating cultures, yet millions of people don tribal designs, use Native American…
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Public Art and the Law: A Primer
Public Art and the Law: AÂ Primer
By David Jenkins. In March 2021, a new sculpture of Justice Ruth Bader Ginsburg was unveiled in Brooklyn, NY. The 2nd Circuit awarded the largest damages ever in a lawsuit under the Visual Artists Rights Act to a collective of 5Pointz street artists, Molly Mason is suing a Kirkwood Community College for their treatment of her on-campus installation, and the Brooklyn museum is set to house Nick…
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How Artist Collective MSCHF Plays With The Law
How Artist Collective MSCHF Plays With The Law
By Laura Michiko Kaiser. MSCHF (pronounced “mischief”) is a startup creative collective based in Brooklyn that produces artworks and designs in various formats including: social media channels, apps, browser plugins, and physical products. The collective, founded and led by Gabriel Whaley, is made up of artists, designers, and product developers whose goal is to “produce social commentary,”[1]…
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Case Review: Distorted Image, Secret Dealings, and New York Artists Authorship Act (2020-2021)
Case Review: Distorted Image, Secret Dealings, and New York Artists Authorship Act (2020-2021)
By Marie Kessel. Lipsky v. Spanierman Gallery, LLC et al, No. 154805/2020, N.Y. Slip Op. 30727 (N.Y. Sup. Ct. March 10, 2021). When creating a visual artwork, the artist must make some key decisions from the conception of the work to its finished product. Such decisions can include the design of the artwork, the media used, the color scheme, and so much more. However, what happens when the…
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WYWH: FBA Art Law and Litigation Conference 2021
WYWH: FBA Art Law and Litigation Conference 2021
By Clara Cassan and Center for Art Law. On April 29-30, 2021, the Federal Bar Association hosted its annual Art Law & Litigation Conference with a virtual twist. Co-chaired by Raymond Dowd and L. Elizabeth Dale, of Dunnington, Bartholow & Miller LLP (NY), this two-day program welcomed art law experts and speakers from across the world. DAY 1: THURSDAY, APRIL 29 Panel 1 – Goering’s Man in…
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31 Years of NAGPRA: Evaluating the Restitution of Native American Ancestral Remains and Belongings
31 Years of NAGPRA: Evaluating the Restitution of Native American Ancestral Remains and Belongings
By Christopher Zheng. Whether it is land stolen under coercive treaties or looted belongings displayed in museums, the United States’ relationship with Native American tribes has long been defined by bad faith. In July of last year, however, the Supreme Court took a step towards reckoning a long history of injustice by honoring a treaty with the Muscogee Nation, formally recognizing half of the…
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A Blow to Pop Art: Case Review of Warhol v. Goldsmith (2021)
A Blow to Pop Art: Case Review of Warhol v. Goldsmith (2021)
By Michelle Mancino Marsh and Lindsay Korotkin. The Second Circuit recently held that artist Andy Warhol’s use of Lynn Goldsmith’s photograph of the musician Prince (the “Goldsmith Photograph”) to create fifteen new unauthorized silkscreen and pencil artworks (the “Prince Series”) was not fair use. This decision has significant implications for the legacy of Andy Warhol and The Andy Warhol…
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Case Review: Federal Republic of Germany v. Philipp (2021)
Case Review: Federal Republic of Germany v. Philipp (2021)
By Laura Michiko Kaiser. A high-profile Nazi-era restitution claim has been making waves since the United States Supreme Court issued its decision on February 3, 2021.[1] Known commonly as the Guelph Treasure or Welfenschatz case, Federal Republic of Germany v. Philipp has been reported on extensively as scholars and attorneys predict what it means for Nazi-era looted art restitution claims…
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NFTs: How a Technological Trend Redefined Art Ownership
NFTs: How a Technological Trend Redefined Art Ownership
By Antonia von Appen. In the past months, digital artworks sold through Non-Fungible Tokens (“NFTs”), also referred to as “crypto-art”, have become one of the most influential trends in the mainstream art world.[1] This movement, which was certainly spurred by the pandemic and the necessity to buy online, recently peaked in terms of public attention and pricing in the auction of Beeple’s (né…
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Oklahoma to France and Back Again? A Case of Split-Custody of Nazi-Looted Art
Oklahoma to France and Back Again? A Case of Split-Custody of Nazi-Looted Art
By David Jenkins. The University of Oklahoma and the Musée d’Orsay have found themselves at the heart of a legal dispute over the fate of Camille Pissarro’s “La Bergère Rentrant des Moutons” (Shepherdess Bringing in Sheep), dated 1886 (the “Painting”). La Bergère has already been the subject of litigation which resulted in a settlement in 2016; the new dispute threatens the enforcement of that…
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A Legal Discussion on Failed Restorations
A Legal Discussion on Failed Restorations
By Marie Kessel. No, these are not AI-made pieces but works that have been poorly restored, often after being poorly conserved. Art conservation is the act of “documenting, stabilizing, and preserving objects” through the use of scientific analysis, material science, and historic research.[1] However, the word “restoration” specifically is a loaded one in the art world, and has been the subject…
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WYWH: Legal Issues in Museum Administration 2021
WYWH: Legal Issues in Museum Administration 2021
By Center for Art Law. On March 11th and 12th, 2021, the American Legal Institute (“ALI”) webcasted the forty-ninth annual Legal Issues in Museum Administration (“LIMA”) conference, on the digital age, working remotely, and legal updates throughout the past year. Day 1: Our New Relationship with Technology After welcoming remarks by Judith Leonard, General Counsel of the Smithsonian Institute,…
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Case Review: Rock'n'Roll, Museums, and Copyright Law (2020)
Case Review: Rock’n’Roll, Museums, and Copyright Law (2020)
By Laura Michiko Kaiser. Marano v. Metropolitan Museum of Art, No. 19-CV-8606, 2020 U.S. Dist. LEXIS 122515 (S.D.N.Y. July 13, 2020). Art galleries, museums, and auction houses all produce online and print catalogs, along with other promotional materials, to commemorate their exhibitions. Images of copyrighted artworks included in these catalogs may be created by the artist, by the estate or…
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Opinion: The Value of Judgment
Opinion: The Value of Judgment
By Noor Kadhim. Was it rashness, a need to burn a hole in his wallet, or simply sheer passion that prompted a buyer to fork out more than $90,000,000 for Sandro Botticelli’s “Young Man Holding a Roundel” at Sotheby’s New York auction in January 2021?[1] The work, dated 1480, last exchanged hands for a paltry £810,000 in 1982, after it had been handed down through several generations of an…
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