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Art Law Blast [7.25.2018]

It's Been Swell...tering

Dear Friends,

Before our yearly hiatus in August and the change of executive team in September, allow me to take a moment to thank all the wonderful and inspiring students, attorneys and artists who have worked with the Center for Art Law over the the last 7 years. THANK YOU!!! Each year and each semester, I have been humbled by your energy, wisdom and enthusiasm. 

Before your eyes, the Center for Art Law has been growing organically on the east bank of the East River and it's time to take stock of what we have to show for it:
  • 950 articles;
  • 60+ contributors;
  • 30+ interns and post graduate fellows from around the world from Australia, Korea, France, Canada and the US;
  • Dozens of film screenings, art law mixers and gallery, studio and museum tours.
We have welcomed more than 250,000 visitors to our online pages and over 1,000 visitors to our live events in New York, Boston, Philadelphia, Washington and London. Recognized as a valuable reference source, Center for Art Law content is catalogued by the the Frick Research Library and quoted by the US Copyright Office. It's a good start.
 
In 2018, we finally became a de juro tax-exempt organization. Between January and July, we raised over $28,000 in donations (the latest $100 from Raisa Tarsis. Thanks mom!). Who's next?
 
It has been my pleasure to lead the Center from ~2011 until now and I am pleased to introduce Louise Carron as the incoming Executive Director. On behalf of everyone at the Center, I wish you a restful and re-energizing summer.

Go, go, go, art law!

Irina Tarsis
Founding Director of the Center for Art Law
To help you plan your art law calendar, check out the full listing of art law events on our radar.
 

* July 26, 2018 -- Brown Bag Luncheon: Design Protection, Practice, and Pitfalls 12:00 AM - 2:00 PM 

Join the New York State Bar Association's Entertainment, Arts & Sports Law Section for a brown bag luncheon. The panel consists of in-house law firm professionals in a variety of fields including retail, fashion, and luxury good sectors. Panelists will be exploring complex legal issues confronted by creative directors, designers, and corporations in the design landscape. 

more information...
 

* 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


August 5-8 2018 -- Immigrant Arts Coalition 2018 Summit at the Museum of Jewish Heritage 

The Immigrant Arts Coalition is hosting its second annual summit honoring diversity and empowerment through the arts. The summit consists of a number of activities including panels, talks, workshops, performances, a keynote address, and art exhibit from immigrant artists as well as an outdoor concert. Main topics include: "Immigration Policies and Diversity in the Arts" and "Advocacy and Empowerment Through the Arts" 

 

more information...


* 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.

 


*August 13-29, 2018 -- Narrating the Hatian Story at First Street Gallery 

First Street Gallery is hosting this solo exhibition with selected works created by renowned Haitian artist, Fritz St. Jean (1954-2017). He is known for his dramatic use of bold colors, fine lines, and incredible detail on the canvas. The works are centered around the complexities of Haiti's socio-political climate and the dynamic history of its people. The opening reception will be held on Thursday, August 16 6-8PM. 

 more information...

* October 26, 2018 -- Art Law Day at The Appraisers Association 

Registration opens Tuesday, July 24th for Art Law Day 2018 at the Benjamin N. Cardozo School of Law 55 5th Ave, New York, NY. The Keynote speaker will be Matthew Bogdanos, Senior Trial Counsel at the New York County District Attorney's Office. Pre-registration closes Sunday, October 21, 2018 and on-site registration will be available. 

more information...

October 26, 2018  -- Deloitte's 11th Art and Finance Conference - the place of technology in Art & Finance at Luxembourg Philharmonie - Salle de Musique de Chambre  9:00 AM - 6:00 PM 

Deloitte's 11th Art & Finance Conference will bring together an internationally renowned group of industry speakers and give insights into themes surrounding the art and finance market including: blockchain technology, art, law, and technology challenges, risk management, analytics & experience, and investment. Speakers will be announced early September.

more information... 


*November 9-10, 2018 -- Third Art and Cultural Heritage Law Conference, Geneva at the University of Geneva, Switzerland 

Join the Art-Law Centre of the University of Geneva and the art Law Foundation's conference on "Works of art qualifies as 'national treasures': limits to private property and export controls". The conference will be discussing the function of treaties promoting the free trade of goods that provide exceptions to ensure protection of 'national treasures'. However, these treaties do not provide proper definition to what constitutes a 'national treasure'. The purpose of this conference is to exam this concept and explore the impact on cross-border trade of cultural objects and regulation. 

 

more information...

 
NOTE:  Be sure to check out our calendar for more events!
* appearing in the newsletter for the first time 
 
WHAT'S NEW


The British Museum accepts hundreds of ivory works in face of the UK's new regulations to protect elephants and restrict ivory sales. The British Museum accepted a donation of 556 Chinese ivory figures dating from the second millennium BC to the early 20th century. The donation comes from Sir Victor Sassoon Chinese Ivories Trust. The ivories were originally collected between 1915 and 1927 by the Shanghai-based businessman and include scholar and desk objects as well as figurines of gods and goddesses. The donation comes as the British government work to instate a ban on the ivory trade that promises to be one of the most stringent policies in the world. While there will be a provided exemption for museums to acquire historic ivory objects, the British Museum was still compelled to defend its acceptance of the donation. British Museum director, Hartwig Fischer, assured the public that the institution favors "banning the ivory trade worldwide" and that historic ivory objects such as these already exist, so refusing to accept them would "not save any elephant's life today". 

Cezanne's Family and the Kunstmuseum Bern Settle their dispute over a controversial piece of art. Among the hundreds of works in Cornelius Gurlitt's infamous art collection, of which the Kuntsmuseum Bern was a sole beneficiary, is a landscape by Paul Cezanne titled, "Montagne Sainte-Victoire" (1897). The painting "known to have been in the possession of the artist's family until at least 1940", was "deposited in a safe shared with Pierre-Auguste Renoir's family at the Banque de l'Union Parisienne". The Nazis temporarily impounded the safe, and though they released it when they confirmed the owners were not Jewish, all traces of "Montagne SainteVictoire" were lost until 1947, when it appeared in Hildebrand Gurlitt's correspondence.  Under the agreement between Cezanne's family and the Kunstmuseum Bern, "the Bern museum will loan the painting to the Musée Granet in Cézanne's hometown Aix-en-Provence, Sainte-Victoire", but the agreement many have to be reevaluated if the painting "is suddenly discovered to be Nazi-looted art".  In light of this agreement, the painting went on display at the Bern Museum of July 3rd, the first time it has been exhibited before World War II. 

How will museums respond to Sackler money following a recent opioid lawsuit?  In June, the State of Massachusetts filed a lawsuit against Purdue Pharma, which manufactures and sells the opioid drug OxyContin, and seven members of the Sackler family, which owns and directs the company. Among the defendants is Theresa Sackler, “one of the most generous arts philanthropists in the UK”, who has donated millions of pounds to the Victoria & Albert Museum, Serpentine Gallery, and the Tate through her Sackler Trust and Dr. Mortimer and Theresa Sackler Foundation. The National Portrait Gallery in London is currently reviewing a £1 million pledge from the Sackler Trust and will be the first British museum to have to decide whether to accept a donation from someone who has profited off the opioid crisis. 

Yale and Social Justice Initiative launch their first program. In November 2017, the Yale School of Art announced a new initiative focused on art and social justice. The program was started by Marta Kuzma, Stavros Niarchos Foundation Dean of the Yale School of Art, and funded by a gift of $750,000 from an anonymous Yale alumnus/a. The initiative aims to support scholarships, research, learning opportunities, and projects that relate to “social engagement and civic dialogue”. The first program within this initiative, launched in June 2018, is “a summer art program for incarcerated students at the Manson Youth Institution in Cheshire, CT”, run by the Yale School of Art in partnership with the Yale Prison Education Initiative at Dwight Hall. The program’s inaugural teaching fellowships were given to five recent MFA graduates who will teach drawing and painting courses and lead workshops on material and publications.

Will the Taj Mahal be restored or demolished? The Indian Supreme court has demanded that the government of India make efforts to restore the Taj Mahal, which has been progressively discolored by bug feces and air pollution. Efforts were initially made in May to get “foreign experts to help stop the ‘worrying change in color’ of the monument”. However, this most recent decision by the Indian Supreme Court that states that they might as well demolish the monument will surely force Indian government to make restorative efforts. While threats to demolish to destroy the monument are surely unrealistic, the impact that these threats have had on the Indian government is clear as they are currently drafting a 100-year plan to restore one of the seven wonders of the world. Surely this restoration will make history and continue to influence the future of cultural heritage projects around the world.

The Guelph Treasure will go to trial in the U.S. In March 2017, a federal judge in Washington, DC, denied a motion by Germany and the Prussian Cultural Foundation (SPK) “to dismiss a lawsuit seeking to recover the Guelph Treasure”. The original motion to dismiss “argued that the statute of limitations for a claim on the Guelph Treasure had passed”, but this line of reasoning was negated by the passage of the 2016 Holocaust Expropriated Art Recovery (HEAR) Act, which reset the clock on statutes of limitation for works “confiscated or misappropriated by the Nazis”. In July 2018, the DC court of appeals upheld the 2017 decision, which will allow the case to go on trial in US federal court, but with the SPK as the only defendant. The claim on the Guelph Treasure, a collection of 42 medieval religious works, is being brought by the heirs of three art dealers who purchased the collection in 1929. 
A Thought for Your Penny:
We are not selling bridges we are bridging disciplines.
Thanks to Burton Fendelman, Esq. and Dr. Louis Mandel for their generous donations this year. Won't you join them and help us build up the Center?!

No Donation is TOO Small! 
We have seen 'em all from $5 (cash) to $25,000 (check)....

DREAM JOBS

  • MOMA - Assistant General Counsel   
Specific areas of focus include, but are not limited to, providing general legal advice and counsel; developing policies and procedures; drafting and negotiating contracts; and advising on labor relations, employment and benefits, intellectual property, real estate, litigation, governance, and the like. Apply here.
 
  • Lincoln Center - General Counsel & Secretary  
The ideal candidate will have demonstrated broad experience handling matters in a number of the following areas: commercial contracts, transactions and financings, nonprofit law and governance, tax, construction and real estate law, licensing, compliance, governance, pre-litigation and litigation counseling/management, privacy and data privacy, intellectual property, human resources, labor and employment law, municipal law, and insurance law. Apply here.
 
  • The  J. Paul Getty Museum - Curatorial Assistant 
The Getty is looking for a limited-term Curatorial Assistant for their department of Manuscripts. A successful candidate should be able to conduct research on the Getty's permanent collection of over 230 objects in the manuscript collection and help develop the online catalog. There is a specific focus on provenance and collecting history, bibliography, and exhibition history. Major job responsibilities include knowledge of art, research procedures, and online resources and databases, preparations for reports on research results and in-house reports, and performance of basic collection management and editing functions. Learn more and apply here.
 
  • The J. Paul Getty Museum - Head, Collecting and Provenance 
The Getty is looking to fill a position for Provenance Art History as Head of Project for the Study of Collecting and Provenance Index Database. The position entails heading an extensive international research initiative and development and maintenance of a major database. The Provenance Art Historian is also responsible for growth and the various trajectories of the database. Major job responsibilities include management, supervision, analyzing, researching, collaborating, training, etc. Learn more and apply here
 
  • Christie's - Research Intern, Impressionist & Modern Art - Business Intelligence/Private Sales/Marketing and Events (application due by July 29, 2018)
Christie's is looking for a research intern to assist Junior Specialists with cataloguing, hilling, and pricing sessions. Candidates will also be responsible in helping to support Business Intelligence and assisting with Marketing & Events. Key responsibilities include researching, writing catalogue entries, responding to clients, assisting the Head of Sales, co-ordinating, etc. Candidates should be interested in impressionist and modern art, be highly organized and good at multi-tasking, have excellent research skills and be familiar with London libraries, and have excellent communication skills. Learn more and apply here
 
  • Cooper & Associates - Associate Position 
Cooper and Associates is a boutique civil litigation firm specializing in matrimonial, art & entertainment, intellectual property, and employment law issues. They are specifically skilled in negotiations, motion practice, and appeals. An applicant should have five years experience and exceptional drafting skills. Applicants with IP experience are appreciate. Learn more here

 
Thanks to Heide Hatry, Matthew Miller and Stefan Stux for the wonderful studio tour on Tuesday, July 10th!
Is Case Law Corner your favorite section of the our newsletter? Don't wait for the next email to get your fix. Read more case law now! Have some cases to share with us? Even better, please reach out!
 
Khochinsky v. Republic of Poland,  No. 1:18-cv-01532 (D.D.C. filed June 27, 2018). MrAlexander Khochinsky, the son of a Polish Jew who was forced to flee her land in Przemysl, Poland before the Nazi invasion of the country, has filed a complaint in the U.S. Supreme Court against the Republic of Poland for their efforts to extradite him in 2015 on criminal charges in Poland. In 2010, Khockinsky became aware of the existence of a painting, Girl with Dove by Antoine Pesne, that was in his family’s possession before the Nazi invasion. The painting appeared on display in a museum in Poznan Poland and Khochinsky began efforts to seek restitution of the painting. In 2014, the Polish government filed criminal charges against Khochinsky claiming that Khochinsky came into possession of the painting “despite being aware of the fact that the painting originated from a prohibited act—looting of property in 1943 by the then authorities of the German Third Reich.” Khochinsky was arrested in 2015 in the United States for a brief period of time but was soon cleared of charges by the Supreme Court. According to attorney Matthew O’Donnell, this case is no doubt the product of the current Polish government’s complicated relationship with the history and memory of the Holocaust (Shoah). The complaint can be found here
 
Zuckerman/Leffman v. Metro Museum of Art, No. 18-0634-c (2nd Cir. filed June 1, 2018). This brief amicus curiae pertains to the subject of “Flight Art” in the case of Zuckerman v. the Metropolitan Museum of Art in which the court ruled in favor of the Museum’s rights to ownership and to display The Actor by Pablo Picasso. Paul Leffman, the former owner of the painting in question, was forced to sell the piece to the Nazis at an exceedingly low price in order to escape persecution during the war. This brief is intended to demonstrate to the court the historical nuances of “flight art” such as The Actor and better inform its members to make future decisions taking into consideration these nuances. This brief is supported by a number of foundations experts in the field of Nazi-looted art, including The Simon Wiesenthal Center (SWC), Lucille A. Roussin, and Ambassador Stuart E. Eizenstat. The brief can be found here
** The state is petitioning for the lower court to re-hear the case. The met is claiming to have the petition rejected because the sale was not made under duress 

Close. v. Frieze Sotheby's, Inc., 1:18-cv-05134 (N.Y.S.D. June 8, 2018). A recent decision was made by the U.S. Court of Appeals 9th Circuit in the case brought by artist Chuck Close against Sotheby’s Inc. concerning the California Resale Royalties Act (‘CRRA’). Under the CRRA, artists were entitled to 5% of the proceeds of any resale of their work. The plaintiff in this case was seeking resale royalties covered under the CRRA since the statue’s effective date of January 1st, 1977. The court ruled in two part; dismissing the plaintiff’s claims covered by the 1976 Copyright Act (i.e. those that come after the effective date of this act, January 1st 1978) and reversing the dismissal of claims covered by the 1909 Copyright Act concerning sales that occurred between the CRRA’s effective date of January 1, 1977, and the 1976 Act’s effective date of January 1, 1978. This decision will effectively put an end to the last remaining remnants of droit de suite in American legal code concerning artists rights to profits made from the sale and re-sale of their works. 

Davidson v. United States, No. 13-942C, 2018 U.S. Claims Lexis 801 (Fed. Cl. June 29, 2018).  In a case involving the USPS putting a Getty Image photo of artist Robert S. Davidson’s Las Vegas version of the Statue of Liberty on approximately 3.5 billion stamps, Judge Bruggink of the Court of Federal Claims ruled that plaintiff’s work was “sufficiently original to be afforded copyright protection” and the USPS’s use of the image was not authorized under federal copyright law. The court ordered the Postal Service to pay the artist $3.5 million, plus interest. The brief can be found here
 
Brammer v. Violent Hues Prods., LLC, No. 1-17-cv-01009, 2018 WL 2921089  (E.D. Va. June 11, 2018). In a major blow to photographers, a federal judge in Virginia ruled that a commercial website’s re-use of another’s photograph found on the internet is fair use and is not subject to copyright infringement. The case revolves around plaintiff/photographer Russell Brammer’s time-lapse photograph of the Adams-Morgan area of Washington, D.C., which was copyrighted by plaintiff. Defendant Violent Hues found the photo online and used it in an informational section of a website created for its Northern Virginia Film Festival. The judge granted the defendant’s motion for summary judgment in a decision that is sure to be appealed. The case can be found here
Thanks to our wonderful Summer Interns for all your hard work! Check out there articles on our website (back row, left to right: Shlomit Heering, Ethan Ashley, Jennie Nadel, Claire Dettelbach, Hanna Feldman; front row: Irina Tarsis).
*If interested, please consider purchasing these titles using our links as the Center for Art Law receives a small donation from each sale.*


Ellen Winner, How Art Works: A Psychological Exploration (Coming October 3, 2018) 
In this upcoming publication, Ellen Winner, a psychology professor at Boston College, examines art using philosophical and psychological approaches. She relies on methods of social science to consider questions about art, ranging from broad philosophical questions like “What makes something art?” to more practical questions such as “Is modern art something my kid could do?”. Winner’s examination of these topics reveals “how psychological research on the arts has shed light on and often offered surprising answers to such questions”. Available here.


Tiziana Andina, Brill Research Perspectives in Art and Law, Bohlin Carr, (Dec. 2015). The interdisciplinary English language journal Art and Law aims to gather contributions to the debate at the intersection of art and law. "The focus of the journal involves all the aspects (philosophical, juridical, sociological, technological and cultural) characterizing the relationship between art and law. Each issue will be intended as a monographic volume devoted to a specific topic.” “The journal is conceived for a specialized audience, both graduate students and scholars working in the areas of law, art, philosophy, art criticism, history of art, cultural criticism, social sciences.” The first issue of the journal was published in 2017, and as of 2018 there will be four issues released each year. Available here


Pablo Alonso González, Cuban Cultural Heritage: A rebel past for a revolutionary nation; foreword by Paul A. Shackel 
Contents: Introduction -- Negotiating the past, representing the nation: the contested users of heritage during the Republic (1898-1959) -- Heritage as passion: the early years of the Cuban Revolution (1959-1973) -- The institutionalization of the Cuban heritage field (1973-1990) -- The reification of ideology as heritage and the return of the nation between 1990 and 2014 -- The office of the city historian of Havana and the nation as heritage after 1990: a path towards reconciliation or towards touristification? --The coloniality of heritage in postcolonial Cuba.” Available here

UNESCO 2017, Safeguarding Underwater Cultural Heritage in the Pacific: Report on Good Practice in the Protection and Management of World War II-Related Underwater Cultural Heritage, edited by the Pacific Underwater Cultural Heritage Partnership. On safeguarding underwater cultural heritage (UCH) following WWII in the Pacific region. This publication outlines proper management practices and how protection of underwater cultural heritage can be beneficial to local communities. Through the preservation of UCH, communities can develop sustainability by learning risk reduction strategies. This publication outlines the importance of not only safeguarding UCH but also safeguarding and promoting a sustainable environment. Available here


Carlo S. Lavizzari and René Viljoen, Cross-Border Copryight Licensing (2018).  This book gives practical advice for a comprehensive coverage of law and practice of cross-border licensing. Areas covered include China, the EU, India, Mexico, Russia, Singapore, South Africa, and the USA. This book looks at the inter-relation between legal fields in various areas and highlights important legal issues relevant to licensing practice in developing and emerging markets. Available here






Brydon M. Dewitt, Joystick: guiding and managing your nonprofit business (2017) 
Joystick is meant for nonprofit pilots, co-pilots, and navigators. It is divided into sections, each giving practical advice to address leadership challenges for nonprofit businesses. This book is meant to serve as a reference for those navigating the fundraising world through best practice and helpful anecdotal stories of real life experiences. Available here





Ben Delaney, Ben Delaney's nonprofit marketing handbook: a hands on guide to marketing & communications in nonprofit organizations (2018)  This book serves as a reference guide to small and medium-sized nonprofit marketers giving them important tips on best practices, social media, branding, website, event marketing, press releases, measurement and  incorporating board members into the process. Many nonprofits do not have their own marketing department thus this book serves to address their needs and challenges for communicating marketing goals. Available here



Philippe Costamagna, The Eye: An Insider's Memoir of Masterpieces, Money, and the Magnetism of Art, (2018) Tr. by Frank Wynne  An insider's view into the “rarified world of connoisseurs devoted to the authentication and discovery of Old Master art works,” ARTnews calls it a "picaresque tale" by an expert who "has been driven to follow a passion outside the money game of art." An art adventure story and memoir all-in-one, the book focuses on author’s foray into authentication in the furtherance of both the art market and scholarship. Costamagna is a specialist in 16th century Italian painting and director of the Musée des Beaux Arts in Ajaccio, Corsica. Available here.

RECENT ARTICLES:


The “Chandelier” in the Phantom of the Auction

By Hanna Feldman* In the elusive, exclusive world of art auctions, there is a practice called chandelier bidding which is little-known by outsiders and widely used among auctioneers. (No it does not refer to bidding on a chandelier). What is it? Many may assume that an auction begins with a legitimate bid either in the […] Read in browser »

Germany’s Recent Efforts at Addressing a Historical “Blind Spot”

By Claire Dettelbach* How are German museums, advocacy groups, and government agencies confronting the nation’s long-overlooked colonial past? On May 16, the president of the Prussian Cultural Heritage Foundation, Hermann Parzinger, stood before the media and presented John F.C. Johnson, a representative of the Alaskan Chugach people, with a wooden mask. This wooden mask was one […] Read in browser »

Berkshire Stock: Much to do about Deaccessioning

By Jennie Nadel What is deaccessioning? The process of eliminating a piece of work from a museum’s permanent collection is known as deaccessioning. According to the  Association of Art Museum Directors (AAMD), museums should develop collections to benefit present and future generations. Deaccessioning a work of art from a museum’s collection occurs through transfer of […] Read in browser »

Art Hygiene Law: Artists Who Use Unusual Materials and Viewers Who  “Take In” The Art

By  Ethan Ashley Arsenic orange, cadmium red, vermilion, lead white, cobalt, chrome green, formaldehyde, pig skin, feces…What happens when the substrates of creativity confront the law? In today’s art world, pressures to be novel combined with unbridled inspiration have pushed artists to work with new and increasingly unusual – and controversial – mediums. For quite […] Read in browser »

Victorious Youth: Ownership dispute over the “Getty Bronze” continues

By Claire Dettelbach* Who is the rightful owner of a statue which was cast by the Ancient Greeks, discovered by Italians in international waters, subject to various international transactions, and which is now displayed in a United States museum? This is the question surrounding the “Victorious Youth”, a 3rd century BCE Greek bronze thought to […] Read in browser »







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