September 2019.
Made in Brooklyn with love.​
Art Law Blast 2.0.
PS All puns are intended.
Join the Action
Artwork by Matthew Kuborn, San Francisco Museum of Modern Art. 
Dear Louise,

Welcome Back! This fall, the Center is delighted to introduce Ange Dimery (Auckland Law School, LL.B 2012) as our Fall 2019 Fellow, along with Sophie Chung (Columbia University, M.A. 2020), Yuchen Xie (Columbia University, M.A. 2020), and Madhulika Murali (NYU School of Law, LL.M 2020), our Fall 2019 interns. 

What do we have in store for you? Working closely with fellow nonprofit organizations such as UrbanGlass, VLA, and Pratt Institute, our Fall Programs include a lecture on street art, more Art & Law Workshops, and later this month, the Center is proud to be co-organizing the International Art Law Conference in collaboration with LIBRALEX, Christie's Education, and TIAMSA Legal. 

As our membership and reach continue to grow, in 2019-20 we will be making a number of innovations. While part of our mission is to provide learning opportunities for students, artists, and professionals, we also need to make sure to plan for the future of the art bar. To this end we invite you to subscribe to our new and improved Case Law Corner.  
 
Onwards, 
                        
           
             Louise Carron                                     Irina Tarsis
Executive Director                               Founder & Managing Director
 
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On Our Agenda

NEW Culture Under Attack Symposium
September 7, 2019
Imperial War Museums (London, UK)
More information here >>

NEW IFAR | Notre Dame: Iconic Cathedral; Disastrous Fire; Uncertain Future
September 9, 2019
Scandinavia House (NY)
More information here >>

NEW International Art Law Conference
September 19, 2019
Christie's New York (NY)
More information here >>

CENTER FOR ART LAW x VLA Word On The Street: Legal Issues in Graffiti Art (CLE)
October 15, 2019
Volunteer Lawyers for the Arts (NY)
More information here >>

Full Calendar
Art Law Trivia: Would you like to win a complimentary ticket for EXPO CHICAGO?  Be the 5th person to answer this question: Which judge wrote the E.D.N.Y. decision for the 5Pointz case?* Contact us if you have the answer!

*on August 30, 2019, the U.S. Court of Appeals for the Second Circuit
held oral arguments for the appeal in the 5Pointz case. Listen to them here
Art Law Digest
The other French-Canadian Crusade. After a long legal battle, Gustave Caillebotte’s “Iris Bleus, Jardin du Petit Gennevilliers” (1892) has found a new home at the Art Gallery of Ontario. The painting was at the heart of a dispute between an auction house and a consortium of Canadian art museums, who sought to bar its export to Europe, arguing the “national importance” of the French painting to Canadian heritage. In April 2019, the Canadian Federal Court of Appeal barred the painting from leaving Canada.

No thank you. The survivors and family members of the victims of the Pulse nightclub 2016 shooting in Orlando are opposing plans for a museum on the site. The protestors are afraid that the site will turn into a tourist attraction rather than a memorial for the lives that were lost.

Poisoned Flowers. Amid public outcry, the installation of Jeff Koons’ “Bouquet of Tulips” has begun in Paris. The artist is donating the 40-feet tall sculpture in honor of the 2015 terrorist attacks, to be installed behind the Petit Palais. It will be unveiled on October 5th, 2019. 

Not So Marvelous. Cartoonist and Pulitzer Prize winner Art Spiegelman pulled the essay he wrote for publisher The Folio Society’s new Marvel comics collection after the company insisted he remove a description of Donald Trump as “Orange Skull” from the series’ introduction. The essay was nonetheless published by The Guardian on August 17, 2019. 

Strings Attached. The estate of Jewish dealer Max Stern was reunited with Hans von Marées’s “Ulanen auf dem Marsch” (1859), after the Max Stern Art Restitution Project claimed that it had been looted during the war. While  Germany’s advisory panel on Nazi-looted art claims recommended conditional restitution, it also published a dissenting minority opinion and stipulated that the heirs cannot sell it for ten years in case new evidence emerges. 

Repatriated. On India's Independence Day, the UK returned two ancient artifacts stolen from India thousands of years ago, following joint-efforts by the US and Scotland Yard in the investigations into art dealer Subhash Kapoor. In related news, the Metropolitan Museum of Art is studying Indian artifacts in its collection to ensure that they are not the result of Kapoor’s wrongdoing. 

In Other International News. Operation Pandora III resulted in the seizure of 18,000 illegally trafficked cultural artifacts and the arrest of 59 individuals. The operation is the product of international cooperation between the Spanish Civil Guard, Interpol, Europol and the World Customs Organization. 

Cross-Returned. A cross taken from a Nagasaki cathedral after the 1945 atomic bombing was returned to Japan after spending 75 years at Wilmington College, OH. The artifact had been gifted by a US Marine in the 1980s, before visitors started to question what it represented: “It’s an issue of humanity––the use of nuclear weapons,” said Tanya Haus, the college director who orchestrated the return. 

Nine Danke. The Davidsohn Family was reunited with nine Nazi-looted artworks, restituted by three Munich museums, the Bavarian State Painting Collections, the Bavarian National Museum, and the State Graphics Collection. Extensive provenance research revealed that five paintings, one wooden panel with ivory reliefs and three engravings had been stolen from the Davidsohns in 1938 and found their ways to the Munich museums in 1955. 

Annunciation. The conservation department at the National Gallery made known hidden composition and fingerprint marks in Leonardo da Vinci’s “The Virgin of the Rocks” thanks to scientific technology.

How to Steal a Banksy. The Centre Pompidou in Paris is mourning the theft of a piece by Banksy, which had appeared in June 2018 on a road sign in front of the museum and which was protected behind glass. The Museum has announced that they are filing a legal complaint. 

Sadly. In mid-July 2019, Sadie Roberts-Joseph, the beloved founder of Baton Rouge African-American Museum, was found dead in the trunk of a car. Shortly thereafter, the police arrested a tenant of Robert-Joseph properties. Exactly one month after the founder’s death, the Museum was the target of vandalism; the police are investigating the connection. 

FaceTech. The Liverpool World Museum is under attack for using facial recognition technology on visitors of the Terracotta Warriors exhibition without their knowledge. The museum is claiming that this was purely for security reasons. 

Swiss-French Find. Long-lost drawings by Antoine de Saint-Exupéry turned up in a Swiss storage facility; they had been bought by real estate magnate Bruno Stefanini, who died in December 2018. His foundation is sorting through his archives and collection (some 60,000 objects, artworks and artifacts) and found these early sketches from Le Petit Prince.

Framing Museums. The International Council of Museums (“ICOM”) has proposed a new definition of museums to include language about “social justice, global equality and planetary wellbeing.” Critics argue that the new wording is “too political and too vague” and could very well define other cultural institutions. A vote is scheduled in September. 

Dream Jobs
Legal Assistant
Metropolitan
Museum of Art (NY)
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Assistant General Counsel
Brooklyn Museum (NY)
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Legal Administrative Assistant
Rockwell Group (NY)
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Case Law Corner
The Case Law Corner is now membership-based:
sign-in or become a member for full access.

UNITED STATES

Contract | In the lawsuit by collector Steve Tananbaum against the Gagosian Gallery over the delayed delivery of three sculptures by Jeff Koons...


Copyright | The lawsuit between visual artist Vladimir Kush and pop singer Ariana Grande has been settled. The suit was based on the singer’s music video for her...


Copyright, moral rights | In May 2019, the District Court of Puerto Rico decided that street artist Patrick Urbain Pottier had no claim against the destruction of...


Copyright, street art | Street artist Chris Williams, a/k/a CAW, has filed a copyright lawsuit against grocery store chain Hy-Vee, claiming that the company used his...


Data theft | Putting an end to a suit brought in 2016 against Collectrium and its parent company Christie’s, Heritage Auctions was awarded $49 million in...


Moral rights | Artist Jacob Aaron LeVeille filed a lawsuit against rapper Ryan Edward Upchurch, for firing multiple bullets at artworks the latter had...


Public space | The Appellate Division of NY Supreme Court decided that the Manhattan Department of Parks and Recreation can restrict the number of art..
 

INTERNATIONAL

France | Shortly after a new law was passed in France for the conservation and restoration of Notre-Dame Cathedral in Paris, an environmental group sued... 


France | In March 2018, French courts dismissed the case against Facebook brought by the French schoolteacher whose account was closed after... 


France | On August 29, 2019, the Paris lower court dismissed the claims of the heirs of art dealer René Gimpel who sought the return of three Derain paintings...


Italy | Custody over Leonardo da Vinci’s “Isleworth Mona Lisa”, also known as “the Earlier Mona Lisa” is to be decided on September 9, 2019 by an Italian court...


Netherlands | Artist Ai Weiwei prevailed in his lawsuit against the car company Skandinavisk Motor Co. A/S, for the company’s use of the artist’s work...

Read the full Case Law Corner
Publications
Dr. Seuss, Dr. Seuss’s Horse Museum, Illustrated by Andrew Joyner (Penguin Random House, Sept. 2019) ISBN: 9780399559129. Based on a manuscript and sketches discovered in 2013, this book is like a visit to a museum—with a horse as your guide! Discover full-color photographic art reproductions of pieces by Picasso, George Stubbs, Rosa Bonheur, Alexander Calder, Jacob Lawrence, Deborah Butterfield, Franz Marc, Jackson Pollock, and many others. Available here
Huygebaert, S., Martyn, G., Paumen, V., Bousmar, E., Rousseaux, X. (Eds.), The Art of Law: Artistic Representations and Iconography of Law and Justice in Context, from the Middle Ages to the First World War (Springer, 2018) ISBN 978-3-319-90787-1. How have the concepts of law and justice been represented in (public) art from the Late Middle Ages onwards? Justices and rulers had their courtrooms, but also churches, decorated with inspiring images. At first, the religious influence was enormous, but starting with the Early Modern Era, new symbols and allegories began appearing. Available here.
Andrea Baldini, Philosophy Guide to Street Art and the Law (Brill, Dec. 2018) ISBN: 978-90-04-39404-9. What is the relationship between street art and the law? In A Philosophy Guide to Street Art and the Law, Andrea Baldini argues that street art has a constitutive relationship with the law. A crucial aspect of the identity of this urban art kind depends on its capacity to turn dominant uses of public spaces. Available here
More Art Law Books
On the Blog

Recent EU Developments in Art Law and Cultural Heritage
By Cates Saleeby. In late 2018 and the first half of 2019, there have been two major developments in the European Union’s regulation of movement of artworks and cultural goods from country to country or from seller to buyer. The Fifth Anti-Money Laundering Directive (“the Fifth Directive”) and the EU Regulation on the Introduction and […] 

Deconstructing “Orphan Works”
By Jacqueline Crispino. When Cornell University Library attempted to digitize 343 “in-copyright but out-of-print monographs” in 2005, the project staff reported that they were able to locate only half of the rightsholders.[1] Unfortunately, it is quite common in the United States and Europe to find that many works of art, whether photographs, articles, or works […] 
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See Art, Think Art Law (TM)
– ongoing and upcoming exhibitions with legal themes –

Women in the Arts


Women's Histories: Artists Before 1900
Museu de Arte de Sao Paulo (Brazil)
Until Nov. 17, 2019

More info...

Art Dealers


The Art Dealer as Scholar
Gallery St. Etienne (New York)
Until Oct. 11, 2019

More info...

Newsletter created and edited by:
Louise Carron, Irina Tarsis, Tess Bonoli, and Ange Dimery. 
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