November 2019.
Made in Brooklyn with love.​
Art Law Blast 2.0.
PS All puns are intended.
The Door to Art Law
Dear Louise,

November is a good month for retrospection. As TEFAF New York closes its doors, we look back at all the events we attended last month: from successfully wrapping up two series of Art & Law Workshops, to attending art and print fairs and conferences (including the Annual Kernochan Center Symposium at Columbia Law School, Hot Topics in Art Law at the New York City Bar Association, Art Law and Philanthropy in Geneva and the 11th Art Litigation and Dispute Resolution Practice at the New York County Lawyers Association), October has surely been a busy month. 

As we look forward to more gatherings, we want to thank one of our Directors, Masha Rasner, for holding a successful Facebook fundraiser on our behalf. We need continued support from people like Masha and from readers like you, Louise, to carry on sharing art law worldwide. By becoming a Member (to get access to all our articles and case summaries) or by making a tax-deductible contribution, you will allow us to remain the door to art law. 
 
We are counting on you! 


Louise Carron
Executive Director
Become a Member
On Our Agenda

Art Law Day 2019 (CLE)
November 8, 2019
Benjamin N. Cardozo School of Law (NY)
More information here >>

NEW Fall 2019 Business of Art Observed
November 12, 2019
Roosevelt Hotel (NY)
More information here >>

NEW Screening: "Driven to Abstraction" (2019)
November 13, 2019
NSU Art Museum (Fort Lauderdale, FL)
More information here >>

NEW Art Market Day 2019
November 18, 2019
Grand Palais (Paris, France)
More information here >>

NEW Consignment Agreements and the Artist/Gallery Relationship
November 22, 2019
Volunteer Lawyers for the Arts (NY)
More information here >>

Full Calendar
Art Law Digest

Machiavelli by Da Vinci? An unsigned portrait, after lying largely unnoticed in the collection of a historic chateau in central France for decades, has piqued the interest of historians who believe its subject may be Niccolò Machiavelli and the artist who painted it may have been Leonardo da Vinci.

Project Reset. A new Brooklyn program Project Reset allows lawbreakers of minor nonviolent offenses to waive court appearance by taking art classes. The purpose of this project is “to promote human dignity” by transforming “low-level arrests into meaningful opportunities for justice-involved individuals to improve their lives and avoid future arrests and entanglement with our justice system.”

Dealer Arrested. The prominent German dealer Michael Schultz was arrested on suspicion that he may have been selling counterfeit artworks for high prices.

Forensic Photography. The British photographer Jack Latham created Sugar Paper Theories, an exhibition of “forensic photography” that revisits Iceland’s most notorious murders dating to 1974. As a criminal investigation reopened during the exhibition, Latham will publish an expanded second edition incorporating new developments of the case.

One Step Closer. The U.S. House of Representatives passed HR 2514, a/k/a the Coordinating Oversight, Upgrading and Innovating Technology, and Examiner Reform Act, a/k/a the Counter Act, which intends to reform anti-money laundering laws to include art market transactions. Dealers would be required to report transactions exceeding $15,000, which many fear is an "unnecessary burden."

Fire Bystander. Wildfires may be raging in Sonoma, California, but the Getty Museum is not worried about the art collection, as the building being fire-proof. A lesson for art collectors out there...

Banksy’s GDP. Banksy took action against the unauthorized copying of his work. Not a legal action this time, though: Banksy recently opened "Gross Domestic Product," an online store where people can buy items inspired by his work. This new venture is the result of a greeting card company pointing to Banksy’s unused trademark but this shop now shows that he uses his trademark in connection with the sale of goods. 

Monuments Men. The Pentagon announced a new initiative, in partnership with the Smithsonian Institution, to support US military personnel working to protect cultural property during armed conflicts. The next generation of Monuments Men will focus on the Middle East.

We'll Take 'em. With more than 1.7 million funerary objects and more than 67,000 human remains being returned since a 1990 law took effect, Richard M. Begay, director of the Navajo Nation Historic Preservation Department, urges that people to continue to return artifacts to tribes whenever there is uncertainty regarding their origins.

5Pointz Towers. While the 5Pointz case is currently on appeal before the Second Circuit, a Queens community board reversed its opposition to a new proposal for "5Pointz Towers," a luxury complex planned at the site of the famous former Long Island City graffiti art mecca, partly because the developer proposed to set aside 5,000 square feet for a library. 

Crack is Back. After being hidden for four years due to adjacent construction, Keith Haring's East Harlem mural "Crack is Wack" was refurbished and repainted by two commissioned artists and is now back on view

Help Desk. With the imminent opening of the Humboldt Forum, which includes over 50,000 artifacts removed from Africa during the colonial era, German states will establish a help desk to handle artifacts acquired during the colonial era.

Kitchen Art. A medieval painting hung in an elderly Frenchwoman's kitchen for years before being recognized as a work by the Italian artist Cimabue. It was recently auctioned in France for $26.8 million.

Golden Age in the Gulf. With the plethora of expensively-designed museums that have been opened in recent years in the Gulf, Saudi Arabia is to build a modern art museum, joining the Gulf’s culture race on the international stage.

Dali Stolen. A brazen thief stole a Salvador Dali etching valued at $20,000 from a San Francisco gallery. The surveillance video from another business showed the man strolling down the street with the artwork in his hand.

Another Rembrandt Painting. A newly discovered biblical painting by Rembrandt is to be shown in the Ashmolean Museum in Oxford in the UK for the first time, as part of the largest ever exhibition exploring the artist's early years.

More on Climate Change. The World Monuments Fund's list of cultural heritage sites threatened by climate change was released at the end of November and includes Notre-Dame Cathedral in Paris, the Machu Pichu, and Bears Ears––the latter of which is also at the heart of a legal battle in the U.S. Read our case review.

Remove the Trustee. Protesters call for the removal of MOMA trustee Steven Tananbaum, who benefited from the Puerto Rican debt crisis, although he is not the only trustee with financial interests in the island.

Dream Jobs
Provenance Specialist 
Museum of Modern Art (NY)
More info…
Research Associate 
The University of Bonn (Germany)
More info…
 
Senior Associate 
Luque Law (NY)
More info…
Case Law Corner

The Case Law Corner is only accessible to Members:
sign-in or become a member to read the full summaries.
Read the full Case Law Corner
The Art Market Day 
18 November 2019 | Grand Palais, Paris
Organized by Le Quotidien de l’Art, the conference will bring together hundreds of art market professionals and boast more than 30 speakers from across the market and continents who will cover a selection of the hot topics for today’s art market. 
There is a special rate for the ART LAW community:

use the promo code ARTLAW for a discounted rate of 175€ (instead of 250€)

RSVP and see you in Paris!
Interesting Finds

Support a Film on Courtroom Illustrations


Planet Side Productions is seeking funding to produce the short film The Illustrated Courtroom: From Manson to #MeToo, presenting a first-hand account of dramatic moments inside the courtroom through illustrations and revealing how a courtroom artist finds beauty in the intricacies of their subjects. More information here.

Call for Papers


  • The Seminar for History of Collecting and Art Market (Paris) invites applications for papers on topics related to collecting art and art markets. More information here.
  • The Victoria and Albert Museum (London) seeks contributions to an international workshop on Jewish dealers and the European Art Market, 1850-1930. More information here.
  • Art Markets without Borders - artists, networks, demand, value, a conference convened by the Art Market Studies Research Project at the University of Melbourne, calls for papers to be presented at the symposium. More information here.


Scholarship Opportunity for All Law Students


The Entertainment, Arts & Sports Law Section of the New York State Bar Association has established the Phil Cowan Memorial Scholarship, offering up to two awards of $2,500 each on an annual basis. Candidates must write an original paper on any legal issue of current interest in the area of entertainment, art or sports law to compete for the scholarship. More information here.

Publications

Sabrina Hahn, ABCs of Art (Sky Pony, OCT 2019) ISBN: 9781510749382. With a fun rhyming scheme and large, colorful text, ABCs of Art seeks to inspire children as they learn the alphabet and new words by finding objects in paintings. Available here.

Mary M. Lane, Hitler’s Last Hostages: Looted Art and the Soul of the Third Reich (Public Affairs, Dep. 2019) ISBN: 9781610397377.  A scrupulous account of  Hitler's abiding obsession with art and Germany's cultural patrimony, the book reveals the fate of looted works and tells the definitive story of art in the Third Reich and Germany’s ongoing struggle to right the wrongs of the past. 
Available here.

Penelope Jackson, Females in the Frame: Women, Art, and Crime (Palgrave Macmillan, 2019) ISBN: 978-3-030-20766-3. This book explores the untold history of women, art, and crime. Through a consideration of how we have come to perceive art crime and the gendered language associated with its documentation, this pioneering study questions why women have been left out of the discourse to date and how, by looking specifically at women, we can gain a more complete picture of art crime history. Available here.

Emmanuelle Polack, Le Marché de l'Art Sous l'Occupation (Tallandier, Feb 2019) ISBN: 979-1021020894. Under the German occupation, the art market flourished. Goods are flocking, some of them coming from spoliations of Jewish families. Emmanuelle Polack draws a precise picture of the art market under the Occupation, unfolding an impressive gallery of protagonists - merchants, auctioneers, antique dealers, experts, brokers, buyers, curators. Available here.

Daniel Becker, Annalisa Fischer, Simone Niehoff, Florencia Sannders, and Yola Schmitz, Faking, Forging, Counterfeiting (Transcript-Verlag, Apr 2017) ISBN: 978387637625. Based on the concept of mimesis, this volume illustrates that forgeries are not to be understood as a negative copy or disgraced ripoff of an original but as an autonomous aesthetic practice, a creative act in itself. The contributions focus on such different implementations as faked traditions, pseudotranslations, imposters, identity theft, and hoaxes in different arts and historic contexts. Available here.

Jane Milosch and Nick Pearce, Collecting and Provenance: A Multidisciplinary Approach (Rowman & Littlefield Publishers, Inc., Oct 2019) ISBN: 9781538127575. To promote the study of the history of collecting and collections in all their variety through the lens of provenance and explore the subject as a cross-disciplinary activity, this book draws on expertise ranging from art history and anthropology, to natural history and law, looking at periods from antiquity through the 18th century and the Holocaust era to the present, and materials from Europe and the Americas to China and the Pacific. Available here.

More Art Law Books
On the Blog

The Art of Bankruptcy: Consigned Artworks and Bankrupt Galleries
By Laurel Wickersham Salisbury. When commercial art galleries display works of art for sale, they are either purchased by the galleries from artists or collectors outright or accepted on consignment. Due in large part to financial considerations, including sharing in the risk and reducing financial exposure, consignment has become a favored way for galleries to […] 

Book Review: “Artist, Authorship & Legacy: A Reader” (2018)
By Jana S. Farmer. Artist, Authorship & Legacy is a collection of twenty-two interdisciplinary essays edited by Daniel McClean, art attorney in California and the United Kingdom, author and independent curator, who also contributed an introduction and his own essay on artists’ estates to this volume. Other contributors include artists, art historians, art lawyers, curators, […] 

Two for the Price of One: Recent US Legal Developments in Nazi-Looted Art
By Timothy Chung. “Time is lost, which never will renew.” Vergil, The Georgics, Book 3. [1] As those who bring claims under the Holocaust Expropriated Art Recovery Act of 2016 (the “HEAR Act”) know,[2] time is making it hard for the heirs of Jewish art collectors to reclaim what was theirs during WWII. Following the […] 
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Newsletter created and edited by:
Louise Carron, Irina Tarsis, Tess Bonoli, Madhulika Murali, Sophie Chung, and Yuchen Xie. 
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