Art Law Blast 2.0.
Made in Brooklyn with love.
December 2018.
PS All puns are intended.
All That Glitters Is Gold?
Last month, Center for Art Law participated in its first Giving Tuesday as a newly approved nonprofit, and the results were outstanding! We wholeheartedly thank our Giving Tuesday donors for their support: Yves Carron, Martha Chapman, Cheryl Harris, Marine Leclinche, Flora Midwood, Douglas Owen, Ryan Rentmeester, and Jon Robbins. 

In light of our growth spurt this year, our needs are growing as well and we "need a new pair of shoes" (and we'd love one of Warhol's). Please join others in supporting Center for Art Law and helping us keeping this newsletter free. Ask your employer if they have donation-matching programs, and please recommend Center for Art Law for year-end donations. 
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On Our Agenda

NEW Handwriting the Universal Declaration of Human Rights
December 10, 2018. 
Carnegie Council for Ethics in International Affairs (New York, NY). 
Carnegie Council is teaming up with Morgan O'Hara of "Handwriting the Constitution." For this special event, Carnegie will be opening their doors to members of the community to copy the Universal Declaration of Human Rights by hand. This session is part of Morgan O’Hara’s long-term project to handwrite key documents. More information here

NEW Then and Now: The 20th Anniversary of the Washington Conference on Holocaust-Era Assets
December 10, 2018.
Scandinavia House (New York, NY).
The International Foundation for Art Research (IFAR) has assembled distinguished specialists to discuss the issues of the 1998 Washington Conference on Holocaust-Era Assets. More information here

NEW Jewellery & Law Morning Seminar
January 15, 2019.
Clyde & Co (London, UK).
The Institute of Art & Law is organizing a morning seminar on the law as it affects the trade in jewelry and precious stones. More information here. 

More Events
What's New in Art Law

The Klimt always hits twice. Austria's attempts to research and restitute a Klimt to an Austrian Jewish family reveal that the government mistakenly returned the work "Apple Tree II" to the wrong family 18 years ago – confusing it with a similar Klimt painting, "Roses Under Trees." The work was supposed to be shown at the Leopold Museum for the centennial of the artist's death, but thankfully the exhibition sparked renewed investigation into the case before its opening.

Cuba recoils. Cuban Decree 349, which is supposed to become active in December will legalize the censorship of any art that is not sponsored by the government. It delineates fines and seizures for any artworks that fall under this category and has received backlash from independent Cuban artists who see this as a huge step backward by the Cuban Culture Ministry. 

While we're on the topic. Israel passes a “loyalty in culture bill” which many artists see as a form of censorship because it allows the government to cut funding for art that is in conflict with the state’s “principles.” In protest, artists gathered in a square in Tel Aviv and burned their artwork publicly.

Uber and artists alike. A group of 27 artists, art historians, and lecturers have raised over £70,000 to sue the National Gallery in London for compensation after they were laid off in October of last year. The case could become an important precedent in the current debate on “gig economy” employment terms and currently awaits the decision of an employment tribunal.

Renoir goes running. Renoir’s "Golfe, Mer, Falaises Vertes" (1895) painting was stolen from Dorotheum’s auction house in Vienna on November 26th by three suspects who are still at large. It is assumed that two of the thieves distracted the security staff while the third removed the canvas from its frame.

Restitution is contagious. French President Emmanuel Macron holds true to his declaration last year that France will repatriate artefacts to African countries by agreeing to return 26 Benin works at the Élysée Palace conference. In light of the recent government report, French museums wonder how far this deaccessioning could go – and other countries with a colonial history in Africa are also in the spotlight. Officials from Senegal and Ivory Coast have already started to make lists of items they expect to be returned.  

Buyer beware. In a case brought by Christie's, the French highest court decided that resale royalties (droit de suite) can be imputed onto the purchaser of the artwork (Assemblée plénière de la Cour de cassation, arrêt n° 639 du 9 novembre 2018, pourvoi n° 17-16.335.)

Moroccan oasis sued. The grandson of Jacques Majorelle takes Moroccan-based company Jardin Majorelle to court for disputes over the French Painter’s name against the Fondation Pierre Bergé-Yves Saint Laurent, which responsible for a Moroccan garden named after the painter.

Street artists unite. Street artist Ron English bought "Slave Labour (Bunting Boy)", a Banksy piece originally spraypainted on the wall of a north-London shop, for $730,000 (£561,000) at auction. He promises to whitewash it in protest of the commercialization of street art.

Rotten meat. A Banksy exhibition in Brussels put on by non-profit Strokar Inside falls victim to a shady deal with a German meat seller. A Banksy gallerist, Steve Lazarides, claimed that the works were uninsured and unlawfully transported. A Belgium court ruled in favor of Lazarides and Banksy warned his fans online of recent fake Banksy exhibits cropping up.

Promises, promises. In the wake of the Berlin conference on the 20th anniversary of the Washington Principles on Nazi-era looted art, Stuart E. Eizenstat, the man who negotiated the principles on behalf of the U.S., gave five countries a dressing-down for their inadequate policy and poor response to restitution claims, namely Hungary, Poland, Spain, Russia, and Italy. The conference was dominated by pride in the ongoing efforts, and a new declaration of commitments was signed; however, some reports perceive it as a pat on the back, and point at how little the unsuccessful victims were heard. 

Another brick in the wall. The Berlin Wall Foundation took control of an art-covered part of the Berlin Wall, bringing a halt to further real estate development around it, which threatened to close in on the historic monument.

Bad credit. After the Paris lower court ordered Koons to pay photographer Franck Davidovici for misappropriating one of his photographs, it appears that the latter did not give proper credit to art director Elisabeth Bonamy, who conceived and executed the ad.

Modigliani-ness pending. Twenty-nine Modiglianis are being subject to forensic analysis at the Centre for Research and Restoration of the Museums of France. The project, which is dividing scholars and catalogue raisonnés experts, is due to end in December 2019, followed by a publication and a symposium.  

"La confisca dell’opera è definitiva". The Italian highest court rejected the Getty Museum's appeal against the lower court ruling ordering the seizure of the "Statue of a Victorious Youth", based on the bronze's illegal exportation and smuggling in the 1960s. 

Dream Jobs
Program Director
Drexel University (PA)
The Department of Arts & Entertainment Enterprise at Drexel University’s Antoinette Westphal College of Media Arts & Design seeks a seasoned, accomplished, and visionary individual to join its faculty and to direct its online program in Arts Administration & Museum Leadership.
More info...
Spring Internship
– Appraisers Association of America (NYC)

The AAA is hiring an intern to learn about non-profit and association management by assisting with all aspects of day-to-day activities. More info...
Provenance Researcher
– Smithsonian (DC)

The Freer and Sackler Galleries are looking for a researcher, to conduct provenance research from among a selected group of 2,350 Chinese objects. 
More info...
In-House Attorney
– WNET New York Public Media (NYC)

WNET seeks an in-house attorney to manage program business and legal affairs for WNET and its production subsidiaries in connection with acquisition, production, and distribution of public television programs and related products in all media. More info...
Senior Management Specialist
– Public Art for Public Schools (NYC)

The New York City School Construction Authority (SCA) is seeking a Senior Management Specialist who will be responsible for coordinating and managing public art for public school's new permanent art commissions. Contact us for more info.
Rights & Reproductions Coordinators
– Pérez Art Museum (FL)

The PAMM is looking for a rights, permissions, and licensing expert, in charge of overseeing activities involving intellectual property rights for the museum. More info...
Case Law Corner

United Federation of Churches LLC v. Netflix, Inc. and Warner Bros. Entertainment Inc., No. 1:18-cv-10372 (S.D.N.Y. Nov. 28, 2018). Netflix and Warner Bros. negotiated the settlement of the copyright lawsuit brought by the Satanic Temple for the alleged misuse of its androgynous goat-headed deity statue in the series “Chilling Adventures of Sabrina." The Temple sought $50 million in damages, but the financial terms of the settlement were not disclosed. Complaint available here

Kapoor v. National Rifle Association of America, No. 1:18-cv-01320 (E.D. Va. filed Oct. 23, 2018). London-based sculptor Anish Kapoor reached a settlement with the NRA in a copyright lawsuit for including his famous "Cloud Gate" (2004), a/k/a the Chicago "Bean" in a video attacking the media. The case, originally filed in Illinois, had been transferred for lack of personal jurisdiction, because the artist had no link to Illinois other than the existence of the sculpture, and the NRA is headquartered in Virginia. 

Close v. Sotheby's, No. 16-56234 (9th Cir. 2018). The panel of 9th Circuit judges held that claims under the California Resale Royalty Act (CRRA) were preempted by the Federal Copyrights Act 1976. Interestingly, the panel awarded Defendants attorney's fees under the CRRA on December 3rd; despite holding that the Act was expressly preempted. Read our case review hereOrder available here

If interested, please consider purchasing these titles using our links,
as Center for Art Law receives a small donation from each sale. 

A. Pintiaux, Code essentiel 2018 – Marché de l'art et secteur culturel, Recueil des textes légaux applicables en Belgique (Oct. 2018). A collection of Belgian rules applicable to the art market and cultural property, including auction houses, contracts, artists' rights, cultural heritage, copyright, and taxation. Available here

Katie Scott, Becoming Property, Art, Theory, and Law in Early Modern France, Yale University Press (Nov. 2018). This book investigates the relationship between intellectual property and the visual arts in France from the 16th century to the French Revolution. It charts the early history of privilege legislation (today’s copyright and patent) for books and inventions, and the translation of its legal terms by and for the image. Available here.

New York Foundation for the Arts, The Profitable Artist, Allworth Press, 2d Ed. (Aug. 2018). The second edition of NYFA's guide for the profitable artists identifies common problems; examines specialized areas of strategic planning, finance, marketing, law, and fundraising; reflects changes in the legal and financial landscapes, such as the vast shift in the tools and culture of both social media and fundraising; and outlines proven planning methodologies from the startup community. Available here

Pedro Corrêa do Lago, The Magic of Handwriting, Taschen (Nov. 2018). This book is a collection of letters from famous artists that provides personal and telling details of their lives and time in history. Pick up a copy to follow the script of Gauguin as he writes of Van Gogh’s troubles, or to see Egon Schiele’s self-portrait postcard. Available here

Applications & Call for Papers

Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection (Italy)

Applications are open for the Association for Research into Crimes against Art (ARCA) postgraduate certificate program in the study of art crime and cultural heritage protection. The program will be held from May 31 through August 15, 2019 in Amelia, Italy. The application deadline is January 30, 2019. More information here.

Venetian Research Grant Program (Italy)

The Gladys Krieble Delmas Foundation awards travel grants to individual scholars to support historical research on Venice and the former Venetian empire, and for the study of contemporary Venetian society and culture. Applications are due Monday, December 17, 2018 at 12pm EST. More information here

Scottish Museums Federation, call for papers (Scotland)

The Scottish Museums Federation is inviting papers for their annual conference on Wednesday 17th April 2019, on the topic of "The Moral Museum: Understanding everyday ethics". The deadline for proposals is Friday, December 21, 2018. More information here.

The Protection of Cultural Heritage and Municipal Law, call for papers (New York)

The Urban Law Center, the ASIL Cultural Heritage and the Arts Interest Group, and the Quebec Society of International Law are calling for papers for a workshop to be held at Fordham University School of Law on April 5th, 2019, on the topic of the Protection of Cultural Heritage and Municipal Law. The deadline for submission is Sunday, December 30, 2018. More information here.

On The Blog

Case Review: Warhol v. Goldsmith
By Clara Cassan. Since the opening of his retrospective at The Whitney Museum of AmericanArt, From A to B and Back Again, Andy Warhol is the talk of the town... again. The Warhol Foundation is currently in court to address a copyright issue related to his Prince screenprints. 

Welcome to the Machine: Law, Artificial Intelligence and the Visual Arts
By Louise Carron. On October 25, 2018, Christie’s auction house sold Portrait of Edmond de Belamy, a painting made by Obvious, a collective of French artists, for $432,500, including buyer’s premium. The catch? This was the first sale of a painting generated throughArtificial Intelligence (“AI”). 

Art in the Courtroom: Dealing with New Deal-era Murals – Part I
By Olivia Taylor. Fans of Parks and Recreation may remember an episode which revolves around a 1930’s mural painted on the walls of Pawnee City Hall. In the show, the mural was vandalized by offended citizens because it depicted racist scenes from U.S. history. In response to the public’s unease, the town renamed the mural and wrote a statement instructing viewers that they should consider the piece as both historically important and artistic, yet horrifying and shameful. 
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See Art, Think Art Law (TM)
Photographers and Estates
Vivian Maier's Color Work
Howard Greenberg Gallery (NYC)
Through Jan. 5, 2019
Installations and Ephemeral Art 
Christo and Jeanne-Claude: Surrounded Islands, Biscayne Bay, Greater Miami, Florida, 1980–83 | A Documentary Exhibition 
Pérez Art Museum Miami (Florida)
Through February 17, 2019
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