June 2022.
Art Law Blast 4.0
PS All puns are intended.
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August is for Rest and Recharging
Dear Stephen, 

It’s been a crazy and exciting summer term, but sadly, like all good things, it had to come to an end. We could not have done it without our talented interns, both domestic and international. As is customary, Center for Art Law is on a reduced schedule in August so we can come back ready to publish, program, and mentor. Look out for some amazing new programs in the coming months, and be sure to reach out if you’re interested in collaborating with us in the next semester–be it sponsorship, programs or writing opportunities. Until September art law fans!

Warm Regards, 

Minelli Manoukian
Executive Director
Center for Art Law

In this newsletter:
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On Our Calendar

CENTRE FOR GLOBAL HERITAGE AND DEVELOPMENT Summer School: Contested Heritage and the Role of Provenance Research
August 19, 2022 - September 1, 2022

Every year -at the end of August - the Centre for Global Heritage and Development organizes a summer school. This year, our summer school will focus on contested cultural objects and the role of provenance research (ownership history). What are the standards for heritage protection and ownership of cultural objects that were (or might have been) looted, recently or in the past? Moreover, what is the role of law enforcement in these matters? In an interdisciplinary setting, with scholars and professionals from the fields of law, cultural heritage, law enforcement and the art market, we will look at the standards and mechanisms that are in place to prevent cultural objects from being acquired, and/or traded unlawfully.   

Register Here.  

More Events

What's New in Art Law

da Vinci's NFT?

What happens to the value of an NFT when the artwork it is based on is ousted as a fake? This is the question on the minds of many following the sale of an NFT of the allegedly forged La Bella Principessa (1495-96), originally attributed to Leonardo da Vinci. Last seen publicly at auction in 1998, La Principesssa was verified as a da Vinci original by authenticator Martin Kemp in 2010. However, admissions by art forger Shaun Greenhalgh, who claimed credit for the work, have brought the work’s credibility into question. Such issues with authenticity may have a serious impact on the value of the 500 million-pixel NFT created of the work that sold for $104,000 in April of 2022. 

Closures in California

The San Francisco Art Institute (SFAI) has officially closed its doors. The organization has spent the last two years (since they first announced their imminent closure) attempting to find solutions to their financial woes, which included a potential deal with the University of San Francisco to purchase the school, as well as a controversial proposed plan to sell the school’s famed Diego Rivera mural, but to no avail. Instead, SFAI will continue to exist as a nonprofit organization to protect its legacy and continue stewarding the Rivera mural. In similar news, the Museum of Contemporary Art Santa Barbara will also close on August 28, due to years of financial hardship that were exacerbated by the COVID-19 pandemic

“Christie’s Ventures” Into Tech Startups

Christie’s plans to further explore the intersection of art and technology with a new investment fund for startups. The new division, called “Christie’s Ventures” will be led by Devang Thakkar and will offer both financial support and guidance to its portfolio companies. In addition, its initial focus will be on categories of web3 innovation, art-related financial products, and technologies for viewing art. The first company they plan to fund is LayerZero Labs, which helps consumers transfer assets across different blockchains and will also allow cross-chain developers to build decentralized applications that work across different blockchains. 

“Quality, Not Provenance”

The Metropolitan Museum of Art has officially acquired 84 works of Indian art from the collection of artist Howard Hodgkin, who passed away in 2017. Hodgkin’s collection is widely regarded as an important one that spans multiple centuries and various mediums, but it has also come under scrutiny for its provenance. The Ashmolean in Oxford, England reportedly declined to acquire the collection in 2021 after curators could only establish a clear provenance for about 40 percent of the works in it. In the same report, Dogkin’s partner commented that the artist prioritized “quality, not provenance” when acquiring the works from international dealers. The Met has declined to comment on the alleged provenance issues but is currently planning to exhibit the works with additional loans from the collection in 2024.

A Whole New World

The Getty Museum and Apple teamed up for an unlikely collaboration: to bring William Blake’s The Ghost of a Flea figure to life in an Apple store. Five to six animated three-dimensional recreations of Blake's figures gyrated and flew, life size at one moment and larger at another, around the Apple store's mirror-ceilinged auditorium, courtesy of Tin Nugyen and his artist partner Ed Cutting. The project, found in the app store and called United Visions, is an exciting collaboration of technology and art.

Stolen Indian Idols turn up in the US?

It has been reported that artifacts from different temples in India, all stolen in 1971, have been traced to Bonhams and Christie's. Waiting to see what happens next ... link.

Ghost of Van Gogh

A Vincent Van Gogh painting, Head of a Peasant Woman, of the National Galleries of Scotland was recently x-rayed revealing a likely self-portrait of Van Gogh on its reverse. Experts believe the self-portrait was painted in the summer of 1887, two years before Head of a Peasant Woman. This was not unusual for Van Gogh, as he would often use the opposite side of canvases to save money. However, the mounting and obstruction of the self-portrait was likely not done by Van Gogh, but by an exhibitionist in Amsterdam, after Van Gogh’s sister-in-law lent it out in 1905. The National Galleries of Scotland is determining whether it is possible to unmount the self-portrait from its cardboard backing safely to preserve both sides of the canvas. 

Check the Label to Protect Indigenous Art

Despite Aboriginal and Torres Strait Islander arts and crafts being a $250 million business, a new draft report from the Productivity Commission says that Aboriginal and Torres Strait Islander artists aren’t actually seeing the vast majority of this money. As it turns out, two-in-three “indigenous-style” souvenirs found through the country are actually inauthentic and with no connection to Aboriginal and Torres Strait Islander people. In response, the commission is calling for new legislation and a mandatory labeling system to help combat what has been referred to as the rampant “cultural theft” of indigenous art. The new proposed legislation would give traditional owners the right to control their cultural assets, place conditions on them, and protect them from misappropriation, including through legal action. 

Pompeii Goes Digital

The archaeological site plans to launch its contemporary art program Pompeii Commitment: Archaeological Matters with two key projects this autumn. The first will be a printed volume that will include contributions from over 60 artists inspired by the site. The second project embraces the digital sphere with a new annual online program referred to as Digital Fellowships, where international participants will be able to access archaeological resources and materials as well as a team of professionals from the site in order to carry out their research. The inaugural project will be a two-part work by Albanian artist Anri Sala entitled Side A (published in September) and Side A Too (published in October); it focuses on the remains of two victims found during 2017 excavations at Civita Giuliana and links this discovery with the recovery of a double flute found during earlier excavations.

DeGroft’s History with “Lost” Art

The Observer reported in late July that former director of the Orlando Museum of Art, Aaron De Groft, who has come under fire for the seized Basquiat collection scandal, has a history of discovering lost art. In addition to the questionable authenticity of the Basquiats, De Groft was also connected to the discovery and attributions of works at his former institutions, such as the Muscarelle Museum of Art at William and Mary College in Virginia. These works included attributions to artists including Paul Cezanne and Titian, which either could not be authenticated or were disputed by experts. 

Stop in the Name of Art Law! 

After blocking the sale of an Artemisia Gentileschi painting at the Vienna auction house Dorothem, Italy has returned the painting to the city of Bari. Why? Because according to one of Italy’s experts, the painting should never have left the country in the first place! Now, Italian law enforcement is investigating the painting’s private owners for intentionally concealing information about the work's real value, provenance, and the identity of its painter, in order to receive an export license from the culture ministry's export office in Genoa. 

Case Law Corner

Vincent Sicre de Fontdrune, et. al., v. Alan Wofsy, (Ct. App. 9th) (July 13, 2022) D.C. No. 5:13-cv-05957- EJD 

Estate of Henry Joseph Darger v. The Nathan and Kiyoko Lerner Foundation et al., No. 1:2022-cv-03911 (N.D III. Jul. 27, 2022)

Hayden v. Koons, No. 21 CIV. 10249 (LGS), 2022 WL 2819364 (S.D.N.Y. Jul. 18, 2022)

Pindell v. N'Namdi et al, 1:20-cv-00818-PGG (S.D.N.Y.)

Mochary v. Bergstein, No. 21-1972 (2d Cir. 2022)

Morford v. Cattelan, No. 1:21-cv-20039 (S.D. Fla. Apr. 8, 2022)

Read the full Case Law Corner

Recent Articles from the Center

"Technological Advancements and the Parthenon Marbles: the Potential Role of 3D Printing in the Greek Claim Against the British Museum" by Ilaria Bortot.

"Focusing on the Anti-Money Laundering regulations for the art market participants in the UK" by Poppy Kemp (CfAL, Int'l Class, Summer 2022). 

"Lifting the Veil: What are the due diligence requirements for the Art Market in the United States?" by Blake Konkol (CfAL, Legal Intern, Summer 2022).

* Want to become a content contributor in 2022-2023? Email us at artlawteam@itsartlaw.org!

New Publications

The Illustrated Courtroom: 50+ Years of Court Art

by Elizabeth Williams  (Author) and  Sue Russell  (Author)

The Illustrated Courtroom: 50+ Years of Court showcases five award-winning artists' momentous works and compelling insider stories, capturing some of the most consequential courtroom dramas of the last 50+ years. These iconic illustrations — originally done for newspapers and television in courtrooms where cameras were not allowed — showcase this unique meeting of art and journalism. Get your copy ASAP, and enjoy the illustrations and the foreward by our founder, Irina Tarsis!

Art in Early-Modern Law: Evolving Procedures for Heritage Protection in 15th- to 18th-Century Europe

by Dr Chiara Mannoni (Author), Amedeo Ceresa Genet (Translator)

Art in Early-Modern Law explores legislations from both a legal and art-historical perspective in order to understand how cultural, political, and social factors influenced the introduction of the first systems for safeguarding “precious artifacts” in early modern Europe. The book sheds light on the gradual development of new definitions of “antiquity”, “artwork”, and “monument” in the laws issued between the 1400s and 1700s.

Comic Art, Creativity and the Law (Elgar Law and Entrepreneurship series) 2nd Edition

by Marc H. Greenberg  (Author)

Comic Art, Creativity and the Law examines the intersection of law and comics, featuring an examination of how recent cases will affect the creative process as applied to comic art. The book studies the impact of contract law, copyright law (including termination rights, parody and ownership of characters), tax law and obscenity law on the creative process.

Posthumous Art, Law and the Art Market: The Afterlife of Art (Routledge Research in Art History) 1st Edition

by Sharon Hecker  (Editor), Peter J. Karol (Editor)

Posthumous Art, Law and the Art Market looks into the robust practice of making art after death in an artist's name, through the lenses of scholars from the fields of art history, economics and law, as well as practicing artists.

Repatriation of Sacred Indigenous Cultural Heritage and the Law: Lessons from the United States and Canada (Studies in Art, Heritage, Law and the Market, 3) 1st ed. 2022 Edition

by Vanessa Tünsmeyer (Author)

Repatriation of Sacred Indigenous Cultural Heritage and the Law examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities and aims at developing legal structures that align repatriation with contemporary international human rights standards.

Legal Guide for the Visual Artist 

by Tad Crawford (Author) and M. J. Bogatin (Author)

Legal Guide for the Visual Artist is a classic guide for artists that provides an in-depth view of the legal issues facing the visual artist today and provides practical legal guidance for any visual artist involved with creative work. Among the many topics covered in the guide, it comprehensively covers copyright fair use transformative rights; NFTs; detailed coverage of the myriad developments in copyright law (including online copyright registration procedures and use of art on the Internet); and changes in laws protecting artists in artist-gallery relationships, among others.

Career Opportunities

New York (US)
Legal Intern
Ivko LLC
New York (US)
Sotheby's is seeking an individual to fill a paralegal position in their legal department. This role will act as a liaison between all Sotheby’s North American departments and the New York Commercial Legal team with respect to auction matters, sponsorship and event agreements and NDAs, with the primary responsibility of drafting standard agreements and amendments using approved templates and requesting information required for drafting as needed among other tasks. 

Learn more about the position and how to apply HERE. 
A New York City law firm is seeking interns or externs to support its daily legal and business operations in a fast-paced environment. Tasks will include: Research legal issues, market trends, intellectual property assets, background information, sanctions and terrorist lists, etc.; Assistance with trademark and copyright portfolio management, rights clearances, licensing, and related matters; providing support for IP and business litigation; and more! 

Learn more about the position and how to apply HERE

See Art, Think Art Law (TM)

Exhibitions and Events on Our Radar

Allemagne / Années 1920 / Nouvelle Objectivité / August Sander 
Centre Pompidou (Paris)
Through September 5, 2023

This exhibition on the art and culture of the Neue Sachlichkeit (New Objectivity) in Germany is the first overview presented in France of this artistic trend. In addition to  painting and photography, the project brings together architecture, design, film, theatre, literature and music. 

Marisol and Warhol Take New York
Pérez Art Museum Miami (Miami)
Through September 5, 2022

Venezualen artist Marisol was a central figure in the New York art scene and American Pop movement, often working alongside and influencing artists like Andy Warhol. Yet her name seemed to have been all but forgotten by history. This exhibition at the Pérez Art Museum in Miami seeks to once again remind the world of her importance by exploring the parallels between Marisol and Warhol’s rises to success and artistic influence, highlighting shared themes in the artists’ works. The exhibit  draws on key loans of Marisol’s work from major global collections as well as iconic works and rarely seen films and archival materials from The Warhol collection, which include Warhol’s silent films that he made of Marisol. The juxtapositions featured throughout the show not only demonstrate Marisol’s influence on Warhol’s early career but also reveal the intimacy and friendship between the two artists.

Nicholas Party: L'Heure Mauve
Montreal Museum of Fine Arts (Quebec)
Through October 2022

A self-curated exhibition by Nicholas Party entitled L’heure Mauve (Mauve Twilight)
 is on view until October 2022 at the Montreal Museum of Fine Arts! The swiss-born artist has not only been enjoying critical acclaim on the global museum circuit for this last year, touring museums in Europe and the US, but has also been achieving higher sale prices for his works.  The exhibition is stunningly organized, with half of the artworks being by Party himself with the remaining canvases hand-chosen by the artist from the museum’s permanent collection, explicitly displaying Party’s intended dialogues with and references to art history. The show has multiple rooms, each of which traces a different stage in the evolution, or rather descent, of humanity to doom. The show is laden with art historical golden nuggets including biblical references, allusions to the discourse on the landscape painting genre, and a commentary  on the capitalist reflections of Dutch still lives. Yet, the show is also an aesthetic delight for non-art history lovers who can revel in the pastel colors as well as the iconic and evocative quality of Party’s severe yet elegant surrealist dreamscapes. Finally, a pro-tip for a Montreal local: get a ticket for one of the museum’s monthly Monochrome Parties and enjoy not only access to the exhibition but also a DJ performance, happy hour, and crafts workshop inside the exhibition space!  

Shocking! The Surreal World of Elsa Schiaparelli
Musée des Arts Décoratifs (Paris)
Through January 22, 2023

This Paris exhibition seeks to honor the work of Italian designer Elsa Schiaparelli, whose inspiration came from her relationships with the artists from the Parisian avant-garde of the 1920s and 1930s. The show will bring together 577 works of the designer and set them against paintings, sculptures, jewelry, photographs, and other works signed by the greatest names of the time, including Salvador Dalí, Man Ray, and Jean Cocteau, among others. The retrospective will also highlight the heritage of the Schaparelli style with designs by modern designers that pay homage to it.  

Africa Fashion
V&A South Kensington (London)
Through April 16, 2023

The creativity, ingenuity and unstoppable global impact of contemporary African fashions are being celebrated in this exhibition at the Victoria & Albert Museum through an extensive display of garments, textiles, personal testimonies, photographs, film and more. Many of the pieces shown come from the archives of iconic mid-twentieth century African designers and will be complimented alongside personal insights from influential contemporary African fashion creatives, as well as highlights from today’s fashion trends. Foregrounding individual African voices and perspectives, the exhibition presents African fashions as a self-defining art form that reveals the richness and diversity of African histories and cultures. Displaying the innovative work of creatives from over 20 countries, the exhibit  seeks to explore “the vitality and global impact of a fashion scene that is as dynamic and varied as the continent itself.”
Copyright © 2022 Center for Art Law, All rights reserved.

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