|To help you plan your art law calendar, check out the full listing of art law events on our radar.
* June 19, 2018 -- Art Authenticity and the Art Market (Rye, NY) 5:30 PM
Join us as attorney Irina Tarsis discusses the Salvador Mundi case(s) and then expands into the sphere of the proposed NYC Bill to protect art authenticators. Her remarks will also include a discussion of the Knoedler Gallery saga, the history of the gallery, its sudden closure, and the ensuing lawsuits. Attendees may qualify for CLE credit. The talk is FREE but pre-registration is requested. Please contact Ron. Co-sponsored by the New Rochelle Bar Association and the Jay Heritage Center.
* June 22, 2018 -- Center for Art Law Mixer: What's Happening? (VLA, NYC) 5PM - 7 PM
The more things change... For the 4th Annual Art Law Evening at the VLA headquarters, join us for a reception and a discussion about art law in the news: immigration, blockchain technology, Reif v. Nagi restitution case, court of arbitration of art and ... succession in our nonprofit executive team.
June 21-22, 2018 -- Law and Ethics: An Introductory Course for Museum Professionals (Edinburgh, Scotland)
Destination Scotland? This is the first two-day course to be offered by the Institute of Art & Law (IAL) in Scotland. It is intended for museum and gallery professionals and will cover many of the legal issues that are needed in order to better manage collections of art and cultural artifacts. The first day will deal with intellectual property matters for collection managers, including issues relating to copyright, fair dealing, museum-specific exceptions, and moral rights. The second day will focus on museum acquisitions, legal ownership rules and ethical requirements.
* June 22-24, 2018 -- The Amelia Conference: ARCA’s Annual Interdisciplinary Art Crime Conference (Amelia, Italy)
From the organizers: "ARCA’s annual Amelia Conference serves as an arena for intellectual and professional exchange and highlights the Association’s mission to facilitate a critical appraisal of the need for protection of art and heritage worldwide. Over the course of one weekend annually, ARCA’s summer conference serves as a forum to explore the indispensable role of detection, crime prevention, scholarly and criminal justice responses, at both the international and domestic level, in combatting all forms of art crime and the illicit trafficking in cultural property.” Wishing we were there...
* July 10, 2018 -- Special Studio Visit & Discussion with Heide Hatry (NYC) 5PM - 7 PM
Join us for an exclusive in-studio discussion with artist Heide Hatry as
she presents select works from her latest series Icons in Ash. Confronting the
conceptual and practical challenges that exist between the past
and the present, the permissible and the forbidden, Ms. Hatry’s art
created using animal and human remains forces viewers to question the
ways in which we interact with mortality and memory. For our purposes,
Ms. Hatry's techniques and experiences with IP and law enforcement provide a platform for a well rounded art/law discussion. The event is ticketed.
* July 28, 2018 -- Institute of Art & Law Study Forum (Oxford, UK) 9:45 AM - 5:30 PM
Topics and speakers for the next IAL study forum will include:
- Tax Incentive Schemes for Heritage Assets: Acceptance in Lieu
- Heritage and Planning - Jill Campion, Cambridge University
- The Law of Treasure
- Auction and Private Sales
- Art Sales on a Handshake: the Simon de Pury Case
- Nazi-looted Art and the US Holocaust Expropriated Art Recovery Act
- Exclusion Clauses and Art Contracts
* Aug. 7, 2018 -- Legal Issues in Photography (NYC) 5PM - 6:30PM
This course will provide an overview of the types of legal issues encountered by photographers including contracts, copyright and fair use, the right of publicity, and corporate entity formation. We will also discuss major considerations that photographers face when hired for a project.
In addition to photographers – visual artists, artistic directors, photo editors, photo agencies, and photo studios could also benefit from attending this course.
NOTE: Be sure to check out our calendar for more events!
We can work it out Is the bipartisan Copyright Alternative in Small-Claims Enforcement (CASE) Act, introduced in Congress in 2017, going to become law this year? It was introduced to streamline the "process for small copyright claims to be heard by a three-judge board within the U.S. Copyright Office” and we have a story from 2016 about it. The problem with the current system is that litigation is too expensive for many individuals and small businesses to enforce their copyrights. With the average cost of litigating such claims estimated at around $350,000, many attorneys declining to consider low-value cases, and a process too complex for creators to navigate on their own, copyright “infringements regularly go unchallenged.” The CASE bill would try to remedy this problem by creating a voluntary process for deciding copyright claims, with judges appointed by the Librarian of Congress and caps on potential damages.
Komm, Bib Mir Deine Hand
- Berlin returns artifacts to Alaska In May 2018, the Prussian Cultural Heritage Foundation, which oversees the state museums in Berlin, returned nine artifacts to a representative of the Chugach people in Alaska. The artifacts “were taken by Johan Adrian Jacobsen, a Norwegian adventurer and amateur ethnographer acting on behalf of the museum,” in the 1880s. They were never publicly exhibited, but the museum determined that they had been removed from a burial site without permission and therefore decided to return them to the Chugach community. The representative said that once back in Alaska, the artifacts “will be displayed in community centers or local museums”;
- Tussle over looted glass goblet A dispute between the Vienna auction house Im Kinsky and the Märkisches Museum in Berlin is at the forefront of the controversies surrounding Nazi-era stolen art. The Märkisches Museum reports to have purchased a glass goblet in 1890 and maintained its possession until the outbreak of World War II when the goblet and many similar pieces went missing. The museum failed to retrieve the goblet in 1990 when it randomly appeared for sale at the Glasgalerie Michael Kovacek. However, the goblet reappeared for sale last April at Im Kinsky. Reportedly, the goblet was returned to the consigner which sparked the museum to take legal action. Ulf Bischof, the attorney for the museum, has argued that “it is unprecedented that an auction house knowingly accepts a stolen museum work on consignment.” Conversely, Ernst Ploil, the attorney for Im Kinsky, has argued that the statute of limitations should prevent this matter from gaining any leverage in courts. The lawsuit will take place in Austrian court, with the ghost of Gurlit in the air;
- Code of Conduct for German museums with colonial-era works Last month, the German Association of Museums and Germany’s culture minister, Monika Grütters, presented a new code of conduct for museums specific to artifacts “acquired in a colonial context.” The code contains guidelines for pertinent issues such as “provenance research and responding to restitution claims.” Confronting the country’s colonial history has been one of Grütters’ priorities, and she “has pledged funding to museums for provenance research of colonial-era acquisitions.” The code does not call for unequivocal restitution, but rather includes advice for alternatives solutions and ways to build relationship with countries of origin.
You say "Goodbye" The Roy Lichtenstein Foundation announced that it would be donating nearly 400 works to the Whitney Museum of American Art. This gift comes as part of the Foundation’s gradual “winding down process,” and is accompanied by other gifts, including one of nearly half a million historical documents to the Smithsonian Archives of American Art. By dispersing its holdings among institutions, the Foundation seeks to realize its goal of promulgating a legacy and distributing an estate rather than existing in perpetuity.
I say "Hello" Polish entrepreneur, investor, and contemporary art collector Grazyna Kulczyk plans to open a museum in the remote town of Susch, nestled in the Swiss Alps, at the beginning of next year. Located on the site of a 12th-century monastery, and at present a renovated 19th-century brewery building, the museum will house photographs and other visual artworks by international artists. The opening exhibit plans to “feature works by more than 30 international artists addressing conventions of representation and body politics, questioning traditional gender roles and art historical canons.” The new museum will also host a residency program “enabling artists, curators, choreographers, writers and researchers to spend time in the Alpine region.” Spot art law issues?