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*KEEP CALM AND GO SAILING: Dear Friends, Center for Art Law will be on a summer schedule through September 1, 2015! We will resume with Newsletters, Art Law Mixers and all in the Fall. If you have enjoyed our offerings in 2014/2015, please consider supporting our work and operating costs. As little as $1 from all of our readers will cover the rent for two months! Your donations are not tax-deductible (yet).

*UK SAINTS AND US DRAGONS: The US Fish and Wildlife Service denied immunity and permission to import a loan of ivory religious works from The British Museum for a temporary exhibition at the Museum of Russian Icons in Massachusetts. The exhibit entitled "Saints and Dragons: Icons from Byzantium to Russia" would have displayed artworks created sometime between the 9th and the 12th Centuries; therefore the Federal Ivory Trafficking Ban should not have undermined the loan of pieces that have never been seen in the US before. 

IT'S A REMBRANDT (again): The Hague's Mauritshuis Museum regained a Rembrandt, a painting by the master that was demoted in 1969 and then reattributed following an 8-year archival research, with a technical investigation (that included thread-counting and macro X-ray analysis) and restoration.

GERMAN PROTECTION OR EXPROPRIATION: German Minister of Culture defended the proposed Cultural Property Protection Act, an update to the Act to Prevent the Exodus of German Cultural Property (1955/2007). The proposed act would appoint a committee to reviews Germany-related sales of artworks or artifacts valued above 150,000 euro and older than 50 years old. The proposed law would try to curb the illegal sale of antiquities and keep "national treasures" in Germany. However some artists and dealers, including Gerhard Richter (b. 1932) who's career spans six decades are objecting to the proposed law because it may create "an international sales embargo."

 
WHO'S NEXT?  Sindiko Dokolo, a Gongolese art collector and businessman is seeking to return African art back to the African continent. As the New York Times reports, Dokolo is tailoring his quest to the works removed from African Museums during the colonial era. Later this year, the German Chancellor Angela Merkel will hand over a stolen Durga idol to the Indian Prime Minister Narendra Modi.

SPECIFIC PERFORMANCE: Civil Court in Rotterdam found that an oral agreement for a commissioned work between a dealer and an artist was valid and subject to specific performance. An art collector Bert Kreuk, claims he commissioned an art work from an "early blue chip" artist, Donh Vo but instead of a large installation (of cardboard boxes), Vo sent him only one gilded Budweiser box. Having labeled Kreuk an "art flipper," the artist plans to appeal the ruling;  he is refusing to create anything for the collector. Judge Pauline Adriana Maria van Schouwenburg-Laan held that Vo had to complete the commission within one year, or be fined upto 350,000 euros, the amount Kreuk allegedly paid Vo's gallery in the first place. The Decision can be found here. This and other international art law cases are listed in our Case Corner (below).
 
Jul. 16, 2015 -- Legal Basics for Artists Panel (Old Bronx Borough Courthouse, 878 Brook Ave, Bronx, NY) 6PM - 7:30PM
An evening with a panel of art and entertainment lawyers to discuss the basics in copyright, fair use, contracts, consignments, and new developments in art & entertainment law. Artists of all disciplines are invited. 

Panelists include:
  • Jason Aylesworth, Esq., Sendroff & Baruch, LLP;
  • Paul Cossu, Esq., Cahill Partners, LLP;
  • Judith B. Prowda, Esq., Law Office of Judith B. Prowda;
  • Carol J. Steinberg, Esq., Law Firm of Carol J. Steinberg;
Moderated by Irina Tarsis, Esq., Center for Art Law.

*Aug. 3-9, 2015 -- 6th International Osnabrueck Summer Institute (OSI): Current Issues and Debates in Cultural Legal Studies (U. of Osnabrueck, Germany) 
The Institute will offer a combination of thematic workshop sessions, small group seminars and a final symposium. Topics include the range and potential of interdisciplinary studies and approaches in field of law and the humanities and key issues and debates in current cultural legal studies.
 
*Aug. 17-21, 2015 -- Legal Training for Global Art Collection Management Law, Museums and the Material Culture (Melbourne Museum, Australia)
A training program modeled to offer expertise in the legal issues of collections management, leading to a qualification awarded by the Institute.
 
*Sep. 30, 2015-- Challenges of Loaning Works of Art (Herrick, Feinstein LLP 2 Park Avenue NYC) 6PM - 8PM
Moderated by Jane Morris, Editor, The Art Newspaper.

*Oct. 21-22, 2015 -- Protectorate of Bohemia and Moravia and Occupied Europe in the Light of the Nazi-Art Looting (The Convent of St. Agnes of Bohemia in Prague)
6th international conference on the confiscation, thefts and transfers of works of art as a result of Nazi rule over Czechoslovakia and Europe during the Second World War and in the post-war period organized by Documentation Centre for Property Transfers of Cultural Assets of WWII Victims p.b.o.
 
*Oct. 28 - Nov. 1, 2015 -- Counterfeits and Fakes: the Authenticity Dilemma (Union Internationale des Avocats 59th Congress, Palacio de Congresos de Valencia)
The session will explore the main issues which may arise with regard to authenticity, misattribution of works of art. What is authentic and what is a fake? Who has the right to determine authenticity? Should authenticity be addressed differently in old masters and modern/contemporary art?
 
NOTE: *Events are appearing in the Newsletter for the first time.
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  • Albrecht v. Achenbach, Landgericht Düsseldorf [LG Düsseldorf] [Regional Court of Düsseldorf], Jan. 20, 2015, Docket No. 6 O 280/14 (partial judgment in accordance with section 301 of the German Code of Civil Procedure) -- One of Germany's most influential art advisors, Helge Achenbach, was found guilty of 18 counts of fraud and sentenced to six years in prison. During the trial he confessed to marking up purchase invoices in order to lessen the risk imposed by the buy-back clause. Achenbach was also ordered to pay the Albrecht family €19.4 million, the sum of the additional charges.  DSF
  • Christie's France SNC v Syndicat national des antiquaires, Case C-41/14: Judgment of the Court (Fourth Chamber) of 26 February 2015 (request for a preliminary ruling from the Cour de cassation - France) (OJ C 102, 7.4.2014), Celex No. 614CA0041-- Syndicat National des Antiquaires (SNA) claimed that Christie's France's practice of having the buyer pay for the amount for the resale royalty constituted unfair competition. The judgment of the Court of Justice of the European Union states that member states can determine who should pay the royalties fees even though under EU law, the royalty is paid by the seller, not the buyer. The court claims that it is beneficial to allow the states this freedom because competition in the art market will be less distorted with few and indirect effects on the internal market. DSF
  • Landgericht Wiesbaden [LG Wiesbaden] [Regional Court of Wiesbaden], Docket No. 1 KLs-4423 Js 39160/12. -- In this currently ongoing case, the prosecutors accused the co-owners and manager of the SMZ Gallery, Itzhak H.,  Moey Ben H., and Adenande Ben H., of commercial and gang-fraud and forgery. Defendants insist that the paintings are authentic and come from archives in the former Soviet Union. Prosecutors claim damages of 11 million for sales of 19 forged Russian paintings. DSF
  • Rechtbank Rotterdam, 24 Juni 2015, Kreuk v. Vō (Neth.). -- The court ruled in favor of art collector Bert Kruek and ordered Danh Vō, a Danish-Vietnamese artist, to make and deliver the artwork promised within one year. Late delivery would have a penalty of €10,000 per day and capped at €350,000. Kruek will still pay the originally agreed upon price even though Vō's works now sell at higher rates. The court further ordered that the artist can produce artwork that reflects his developments since the deal and cannot be forced to repeat past works. DSF
  • Thwaytes v. Sotheby's, [2015] EWHC (Ch) 36, (appeal taken from Eng.) -- On 16 January 2015, Mrs Justice Rose ruled in favor of Sotheby’s and held that the auction house had been entitled to rely on the expertise of their specialists when appraising a Caravaggio painting. The painting sold at £42,000 under their advice, but was later valued at £10 million. Sotheby’s experts stand by their lower valuation claiming that the work is not an authentic Caravaggio. DSF
 

 
Publications
For a full list of books and articles featured previously, please visit our Publications page.

As we prepare for our well-earned Summer Break, this week's Publications section is for the art-lawyers-to-be as well as those young-at-heart-art-lovers. The list includes kid books and board games involving art crime and art collecting. 
 
  • Balliett, Blue. Chasing Vermeer. New York: Scholastic, 2004. Print. -- When a book of unexplainable occurrences brings Petra and Calder together, strange things start to happen: an invaluable Vermeer painting disappears. The two find themselves at the center of an international art scandal. As Petra and Calder are drawn clue by clue into a mysterious labyrinth, they must draw on their powers of intuition, their problem solving skills, and their knowledge of Vermeer. 
  • Balliett, Blue. Pieces and Players. New York: Scholastic,  2015. Print. -- Thirteen extremely valuable pieces of art have been stolen from one of the most secretive museums in the world. Luckily, Calder, Petra, and Tommy are no strangers to heists and puzzles. Now they've been matched with two new sleuths -- Zoomy and Early. The kids have been drawn in by the very mysterious Mrs. Sharpe, who may be playing her own kind of game with the clues. And it's not just Mrs. Sharpe who's acting suspiciously -- there's a ghost who mingles with the guards in the museum, a cat who acts like a spy, and bystanders in black jackets who keep popping up. With pieces and players, you have all the ingredients for a fantastic mystery. 
  • Konigsburg, E.L. From the Mixed Up Files of Mrs. Basel I. Frankweiler.  2007. Print. -- "When suburban Claudia Kincaid decides to run away, she knows she doesn't just want to run fromsomewhere she wants to run to somewhere--to a place that is comfortable, beautiful, and preferably elegant. She chooses the Metropolitan Museum of Art in New York City. Knowing that her younger brother, Jamie, has money and thus can help her with the serious cash flow problem she invites him along."
  • Nilsen, Anna. Art Auction Mystery. Boston: Kingfisher, 2005. Print. -- Sixteen famous paintings from collections around the world have been stolen and replaced with clever forgeries. Now these fake paintings, along with sixteen others, are going up for auction. After an anonymous tip, the reader has to come to the rescue! By comparing the paintings to the originals, the reader has all the clues to figure out which paintings are real and which are fakes.
  • Nilsen, Anna. The Great Art Scandal. Boston: Kingfisher, 2003. Print. -- Find the rogue painting and save the exhibition and the City Gallery! Children will have hours of fun exercising their powers of observation as they spot the clues that reveal which artist painted each picture. While they have fun solving the mystery, they'll be enjoying an inspiring introduction to thirty-two of the world's greatest modern artists.

Parlor Games
 
  • Masterpiece - The Art Auction Game -- Players participate in auctions for famous works of art. They compete with other players to bid on potentially valuable paintings, and negotiate trades with these works of art, build a portfolio, amass money, and win the game.
  • Petite Pastiche -- The game gives players an opportunity to mix "paints" to re-create the color palettes used by 23 different classical European and American artists and to complete commissions that picture some of the finest art works from the past six centuries.  Explore the paintings, palettes and pasts of the artists in this unique and challenging game for the whole family.
  • Professor Noggin's History of Art -- From Leonardo da Vinci to Andy Warhol, the History of Art kids card game explores different topics from people to eras.  Though all Professor Noggin's kids card games are written for ages 7 & up, this is definitely a card game that older children and adults will enjoy playing.  Learn about art to save art! 
Planning an escape to the Haage?
Check out "Rembrandt? The Case of Saul and David"where a recently reattributed painting is visible to the public for the first time since 2007.
Employment
 
*Art Law ParalegalLegal Department (Christie's, NY) -- Christie's seeks to candidate to fill a Contracts Administrator/paralegal position on its North American legal team in our New York, NY offices at Rockefeller Center. This individual must have excellent communication and organizational skills, be a self-starter, take initiative and have the ability and desire to interact regularly with all levels of the company. 
 
*Art Law Attorney (BCG, NY) -- New York City office seeks art law attorney with 1-2 years of practicing law, preferably in tax (income tax, sales and use tax) or trusts and estates. The candidate has hands-on work focused on art law, dealing with purchases, sales, loans, consignments and charitable giving of works of art, as well as tax structuring of commercial transactions and estate. Serves in planning involving works of art. Research, write and review art law advice. Manage art transactions. 

Executive Assistant, General Counsel and Human Resources Department (Phillips Auction House, NY) -- Phillips seeks an employee to provide executive administrative support to two key functions - legal and human resources. Work with the Chief Counsel and Associate General Counsel to support all aspects of the Company's legal initiatives. Work with the HR Director, Americas to support key HR processes and provide responsive and attentive service to Phillips employees in the NY Headquarters and US regional offices. 
Law Clerk/Legal Intern (Bowles Liberman & Newman LLP/The Art Fund Association) -- New York-based law firm seeks legal interns or law clerks to assist with work on a Luxury Asset Investment Fund offering documents, commercial art transactions and art litigation. Other responsibilities include work on general corporate transactional matters including credit facilities, secured transactions, venture capital investments, M&A, and start-up representation. Preferences would be given for those with skills at social media postings and designing powerpoint presentations. Internships last from 3 to 6 months, with potential for offer to join firm as associate (although not promised or guaranteed). Accepting applications from 2Ls, 3Ls, and recent graduates. Interns will also work with the Art Fund Association and assist in updating its website and content. 
 
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Excerpts:

UK Copyright Amendment Provokes Controversy in the Art and Design World

By Christopher Visentin* The British government has recently moved to repeal section 52 of the Copyright, Designs and Patents Act 1988 (the “CDPA”). Removing this section would increase the copyright duration for artistic designs—as opposed to traditional artistic works—from 25 years from the year the designs were first marketed, to the more common term of…Read more UK Copyright Amendment Provokes Controversy in the Art and Design World
Read on »

WYWH: “Managing Risk in Art Transactions” June 2015 (NYC)

By Debra S. Friedmann* In June, as part of a continued series of Art Law related events, the law firm of Herrick, Feinstein LLP hosted a morning panel-discussion entitled “Managing Risk in Art Transactions,” dedicated to consignment, authenticity and title risks. Panelists included Laura Patten, with Art Crime Program, FBI, Judy Pearson, President at ARIS…Read more WYWH: “Managing Risk in Art Transactions” June 2015 (NYC)
Read on »

I am not a Fan: Museums Acting and Reacting to Public Opinion

By Irina Tarsis, Esq.* Self-censorship by museums is a dangerous trend. In the July/August issue of The Art Newspaper, Maurice Davies, of the Museum Consultancy and senior research fellow in the Department of Management at King’s College London, explores several instances in recent history where museums worldwide engaged in self-censorship to the detriment of the…Read more I am not a Fan: Museums Acting and Reacting to Public Opinion
Read on »

Book Review: “Visual Arts and the Law: A Handbook for Professionals” (2013)

By Irina Tarsis, Esq.* “I want to do something splendid… I think I shall write books.” ― Louisa May Alcott Historically, introducing art law to lawyers and artists, not to mention law and non-law students, used to be a challenge. The majority of artists and lawyers were perplexed by the idea of ‘art law,’ now…Read more Book Review: “Visual Arts and the Law: A Handbook for Professionals” (2013)
Read on »

The Statute of Limitations Invoked to Dismiss Copyright Claims (Source: NYSBA EASL Blog)

Joel L. Hecker, counsel for Gideon Lewin, in the ongoing case of Gideon Lewin v. The Richard Avedon Foundation (2015) offers some comments on the the case that invoked statute of limitations in a copyright claim.  Following, is an excerpt from the Hecker’s article: “On June 26, 2015, a decision of interest concerning the application of…Read more The Statute of Limitations Invoked to Dismiss Copyright Claims (Source: NYSBA EASL Blog)
Read on »

Let’s do it again but better? Pros and Cons of Renewing the US-Italy Cultural Property MOU

by Tess Bonoli* Since January 19, 2001, the Memorandum of Understanding (MOU) between the United States and Italy has offered an added layer of protection to Italy’s cultural heritage. It was designed to regulate imports of  pre-Classical, Classical, and Imperial Roman period cultural artifacts in the United States. The MOU is in response to a…Read more Let’s do it again but better? Pros and Cons of Renewing the US-Italy Cultural Property MOU
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