June 2021 (Volume IX Issue 6).
Made in Brooklyn with love.​
Art Law Blast 2.0.
PS All puns are intended.
Under One Roof
Margot Lebedev, Tree of memories (2019). Happy birthday to the artist!
Dear <<First Name>>,

Happy International Day for Protection of Children and first day of Pride Month! With so many wrongs in the world, there are many more rights and we are looking to help our fellow human beings to get more things right.

Our June 2021 newsletter coincides with the start of a new fiscal year, announces the official launch of the Center's second legal clinic, the Artist Legacy and Estate Planning Clinic, a packed schedule of related programs, and welcomes the Summer 2021 Team: Visala Alagappan (Harvard Law School), Andrea Canzano (Brooklyn Law School), Claire Darrow (Middlebury College), Tokunbo Fashanu (Cleveland-Marshall College of Law), Minelli Manoukian (Michigan State University, College of Law), and Julianne Schmidt (Johns Hopkins University).

In addition, we are honored to introduce three new Advisory Board members: Courtney DoagooMary Kosdan, and Jennifer Mass.

As the Center continues to grow in numbers and programs, we seek to improve access to the content created with participation and assistance from our guest speakers and team members. As of today, archives of webinar recordings are now available to Premium Members! Join us today and start watching past Art Law Lunch Talks.

Have a happy June, 

Louise Carron
Executive Director
 
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On Our Calendar
CENTER FOR ART LAW Visual Artists' Immigration Clinic Session
June 8, 2021
Online, hosted with the Elizabeth Foundation for the Arts
More information >>>

CENTER FOR ART LAW Art Law Lunch Talk: An Enduring Statement –– A conversation on how to preserve artists' work during life and after death
June 16, 2021
Online
This program is being offered as part of the Artist Legacy and Estate Planning Clinic
More information >>>

CENTER FOR ART LAW Art Law Lunch Talk: Demystifying Art Funds
June 22, 2021
Online
More information >>>

CENTER FOR ART LAW Estate Planning Workshop with Cosima B. Rahmann
June 24, 2021
Online
This program is being offered as part of the Artist Legacy and Estate Planning Clinic
More information >>>

NEW World Heritage, Human Rights, and Participation
June 30, 2021
Online
More information >>>

CENTER FOR ART LAW Starting From Scratch: Provenance Research and Lost Art Databases Workshop with Marc Masurovsky
July 8, 2021
Online
More information >>

CENTER FOR ART LAW Artist Legacy and Estate Planning Legal Clinic
July 14, 2021
Online
This program is being offered as part of the Artist Legacy and Estate Planning Clinic
SAVE THE DATE
See the full calendar
Art Law Digest

Minted Masterpieces. The Uffizi has teamed up with Italian company Cinello to create digital artworks from the Gallery’s collection highlights. A NFT of Michelangelo’s Doni Tondo sold to a private collector in Rome for $170,000 this May. Twelve other encrypted collection paintings are expected to follow suit. Eike Schmidt, Director of the Uffizi, believes NFTs will be able to provide additional outside revenue for museums in the future.

ID-Art App. Interpol has launched its newest tool to stem the trafficking of art objects and aid the recovery of stolen property. The ID-Art App allows users to run photos or descriptions against Interpol’s stolen art database, report works, and flag cultural heritage sites at risk. UNESCO and Interpol look to the app as a key feature of future recovery cases.

NFT Grants. Newly created Sevens Genesis Grants help level the playing field for artists interested in breaking into the NFT market. To date hundreds of artists have applied and received funding to cover minting fees. The program also supports exhibitions and the sale of these works. Paris Hilton, a key donor, is set to curate Sevens Foundation’s upcoming show highlighting women artists.

Restituted Courbet Sold. Courbet’s Baigneuses dans la forêt (1862) sold at Sotheby’s for over its estimate this May. The painting had been restituted to the heirs of Baron Ferenc Hatvany from a private collector earlier this year. The instability of the Hungarian revolution, the onset of World War II, and Soviet intervention led to the theft of several works in Hatvany’s collection. Other collection paintings are still held by museums internationally. 

A New Arena. Italy’s Ministry of Culture has unveiled the winning proposal to recreate the Colosseum’s arena floor. The project consists of rotatable wood panels able to oscillate between solid floor and see-through space. This design enables visitors to experience the amphitheater from a gladiator’s perspective, while permitting access to the maze of tunnels below the arena. It is set to be finished by 2023.

Provenance in Question. 12 works held by the Fine Arts Museum of San Francisco are being researched for their potential links to Nazi-looted art. Ten paintings were originally noted for their questionable provenance back in 2001. Another two were recently identified. The Art Loss Register has been tasked with reviewing these works. 

Arundel Artifacts Stolen. Four days after reopening post-lockdown, Arundel Castle became the site of a theft. The stolen artifacts, including rosary beads of Mary Queen of Scots and coronation cups, are estimated at over $1 million in value. A police investigation is in progress.

TEFAF Goes Online. The European Fine Art Fair (TEFAF Maastricht) has decided to launch virtually this coming fall. Set for September 9 – 13, TEFAF’s decision comes in the wake of criticism for COVID cases linked to last year’s fair. Several other recurring international art fairs have delayed their openings while organizers tentatively prepare for in-person events later in 2021.

Rhodes Remains. Oriel College, Oxford has decided to keep the statue of Cecil Rhodes (1853-1902) in its present location for the time being. An independent review has suggested the college work to contextualize the British imperialist’s legacy and his policies in southern Africa. Critics of this decision argue the statue continues to symbolize a legacy of white supremacy.

Restorations in Motion. Italy has worked with UNESCO to pledge $1.2 million to support reconstruction efforts at Beirut’s Sursock Museum. A center for modern and contemporary Lebanese art, the museum was damaged by the explosion at the city’s port last August. Italy’s agreement marks the largest donation to UNESCO’s Li Beirut Initiative focused on rebuilding cultural heritage and education sites affected by the blast. 

Une Femme au LouvreLaurence des Cars will be the first woman to run the Louvre in Paris. She was appointed by President Emmanuel Macron after an impressive career at the Musée d'Orsay and L'Orangerie. She also spearheaded major restitution cases, including the return of Klimt's "Rosebushes Under the Trees."  

Campbell’s, Christie’s, & Cryptoart Controversy. The Warhol Foundation has collaborated with Christie’s to sell NFTs of five digital works made by Warhol in the 1980s. The auction includes the artist’s iconic Campbell’s soup can image. Artist and academic Golan Levin argues that the creation of high-resolution NFTs from Warhol’s early, pixeled digital art warps notions of authorship and originality. The Foundation nevertheless maintains that their decision to render a TIFF file from the outdated original format harmonizes with their mission to uphold the artist’s legacy.

Lockdown Losses. More than 100 students have lodged complaints with the Royal College of Art, London (RCA) over the school’s treatment of studio property that remained on the premises during lockdown. Several artworks were reported damaged or missing. Students are considering suing the school for damage to their work. The RCA has agreed to “limited compensation” for affected property.

Foiled Fresco Plot. Six frescoes have been returned to Pompeii. Three works were discovered near illegal excavation sites at Civita Giuliana in 2012. The remaining three, first removed from the site of Stabaie in the 1970s and later sold to buyers in the US, UK, and Switzerland, were recovered this past year. A criminal trial investigating the theft and attempted export of the first trio of frescoes is ongoing.

Vertical Art Villages. Major Russian collector Dasha Zhukova is launching an initiative that aims to bring residential apartments, art studios, and exhibition spaces together under one roof. These "vertical villages" are designed to provide equitable access and affordable support to artists in New York and Philadelphia.

Expanding on our legal clinics for artists, this Summer, the Center is introducing Phase I of the Artists' Legacy and Estates Planning Clinic. Check out our programming and if you would like to take a part in this initiative, please get in touch!

Mariupol’s Murals. Soviet-era murals by artist Victor Arnautoff (1896-1979) are facing irreparable damage due to lack of conservation efforts in Mariupol, Ukraine. The deterioration of these public works comes at a tense moment in Ukraine-Russia relations, on the heels of the “decommunization” agenda that first took hold in the 1990s. Proponents of preservation argue the murals remain historically significant.

UKBS Statement. The UK parliament moved to revoke the EU Regulation on the Import of Cultural Goods in Great Britain, causing the UK National Committee of the Blue Shield (UKBS) to announce concerns over the state’s ability to tackle the illegal trafficking and protection of cultural heritage. Northern Ireland remains party to the regulation. UKBS notes this legal discrepancy between regions of the UK may cause future complications. Parliamentary debate over the repeal is in process.

Click-for-Art. David Zwirner has launched an online “click-to-buy” site for artwork. The platform works with independent galleries to promote artists, while allowing potential buyers to scroll through works for sale. The lower pricing spread ($2,500-$50,000) hopes to attract a broader, and younger, collector base.

In Memory. Jetta Norris Jones (1926-2021) passed away this April at the age of 95. She was the first Black female trustee of the Art Institute of Chicago. She and her husband were prominent collectors and key donors of African and African diaspora arts to the Art Institute. She is remembered for her dedicated support for the city’s African-American community and arts throughout her life.

No AML for UK Artists. The UK Treasury has confirmed that artists will not be considered “Art Market Participants” and therefore not subject to new anti-money laundering regulations going into effect this June. The decision followed lobbying from firms and art organizations that emphasized the limited resources of artists to comply with these regulations.

Copyright Conflict. A 1996 EU law granting copyright to artists’ heirs for 70 years after their death is facing pushback in Târgu Jiu, Romania. The city is home to three of Constantin Brancusi’s (1876-1957) public sculptures. Romanian law stated that copyright continued for only 15 years post-mortem at the time of Brancusi’s death. The public domain controversy is expected to reach Romanian court.

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Case Law Corner
 
  • In re Fine Art Group, LLC, No. 19034565 (Cal. Off. Tax App. Mar. 23, 2021).
  • Roberts v. Puma North America, Inc., No. 1:21-cv-02559 (S.D.N.Y. filed Mar. 24, 2021).
  • Guzman v. New Mexico State Dep’t of Cultural Affairs, No. 21-cv-00198 (D. N.M. Ap. 19, 2021). 
  • U.S. v. One Antique Roman Statue, No. 21-cv-03709 (C.D. Cal. filed Ap. 30, 2021). 
  • Beck ex rel. v. The Horowitz Family Foundation, No. 21-cv-01191 (N.D. Ga. filed May 10, 2021).
  • Friel v. Dapper Labs, Inc., No. 653134/2021 (N.Y. Sup. Ct. filed May 12, 2021).
  • Dr. Seuss Enters., L.P. v. ComicMix LLC, 983 F.3d 443 (9th Cir. 2020), petition for cert. filed (No. 20-1616). 
  • Hunley et al. v. Instagram LLC, No. 21-cv-03778 (N.D. Cal. filed May 19, 2021).
Read the full Case Law Corner
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Publications
As a member of the Amazon Associate Program, the Center for Art Law may earn from qualifying purchases. Please consider using the links below to give back to the Center with each book.
Olimpia Niglio, Eric Yong Joong Lee (Eds.), Transcultural Diplomacy and International Law in Heritage Conservation, Springer (2021). This book provides a substantial contribution to understanding the international legal framework for the protection and conservation of cultural heritage. It offers a range of perspectives from well-regarded contributors from different parts of the world on the impact of law in heritage conservation. Through a holistic approach, the authors bring the reader into dialogue around the intersection between the humanities and legal sciences, demonstrating the reciprocity of interaction in programs and projects to enhance cultural heritage in the world. Available here.

Sierra Rooney, Jennifer Wingate, Harriet F. Senie (Eds.), Teachable Monuments: Using Public Art to Spark Dialogue and Confront Controversy, Bloomsbury Visual Arts (2021). The essays included in this anthology offer guidelines and case studies tailored for students and teachers to demonstrate how monuments can be used to deepen civic and historical engagement and social dialogue. Essays analyze specific controversies throughout North America with various outcomes as well as examples of monuments that convey outdated or unwelcome value systems without prompting debate. Available here.

More Art Law Books
On the Blog

Macklowe v. Macklowe: History and Impact of one Divorce upon the Legal Landscape

By Elizabeth Doty. On March 12, 2020, spectators of the art world far and wide learned of the court-ordered liquidation of the once-in-a-generation art collection owned by Harry and Linda Macklowe.[1] The former couple’s divorce was a media proclaimed bitter saga costing both sides millions. The forced sale of their renowned 165-piece art collection was […]

The post Macklowe v. Macklowe: History and Impact of one Divorce upon the Legal Landscape appeared first on Center for Art Law.

 

Guerrilla Hacking the Art World: Legal Issues in Unsanctioned Augmented Reality in Museums and Public Art

By Tyler Heneghan As technology advances, time spent on smartphones and tablets only increases. Museums and artists take note, and with the help of readily available technology, the art world continues to venture into the world of augmented reality (“AR”). Museums and companies like Snapchat collaborate with artists and technology startups to bring AR art […]

The post Guerrilla Hacking the Art World: Legal Issues in Unsanctioned Augmented Reality in Museums and Public Art appeared first on Center for Art Law.

 

Artist Feature Series: In Conversation with John M. Carnright

By Atreya Mathur “Poetry and art- it was a great interaction. That is something I will always value. One of the key parts of art, for me, is you create.. and then poetry puts it all together.” J.M. Carnright, Interview with Center for Art Law (August 16, 2022) John M. Carnright is an artist, an […]

The post Artist Feature Series: In Conversation with John M. Carnright appeared first on Center for Art Law.

 

Luxury Freeports and Crime: What are the Risks?

By Kenza Tahri Since Boris Johnson’s 2019 inaugural speech citing freeports as a central component of the now-former prime minister’s post-Brexit economic revitalization policy[1], freeports have spurred considerable contention not only on the grounds of their economic results but, centrally, in light of evidence that these special economic zones can facilitate numerous kinds of criminal […]

The post Luxury Freeports and Crime: What are the Risks? appeared first on Center for Art Law.

 

Technological Advancements and the Parthenon Marbles: the Potential Role of 3D Printing in the Greek Claim Against the British Museum

By Ilaria Bortot The Parthenon was built in the 5th century on the hill of the Acropolis in Athens in honor of the goddess Athena Parthenos (Athena the Virgin). It was part of Pericles’ rebuilding program after the Greek victory over the Persians, and it was the very symbol of Greek freedom and democracy. The […]

The post Technological Advancements and the Parthenon Marbles: the Potential Role of 3D Printing in the Greek Claim Against the British Museum appeared first on Center for Art Law.

 

Focusing on the Anti-Money Laundering regulations for the art market participants in the UK 

By Poppy Kemp In April of 2022, Her Majesty’s Revenue and Customs (‘HMRC’) commenced fining Art Market Participants under the UK’s Art Anti-Money Laundering (‘AML’) regulations.[1] The highest fine assessed so far is £52,000, while the lowest is £1,250.[2] These regulations enacted the European Union’s (‘EU’) Fifth AML Directive (‘the Directive’) into British law and […]

The post Focusing on the Anti-Money Laundering regulations for the art market participants in the UK  appeared first on Center for Art Law.

 

Lifting the Veil: What are the due diligence requirements for the Art Market in the United States?

By: Blake Konkol In the modern era, art is increasingly viewed as an asset class. The growing trend of utilizing non-fungible goods for pecuniary benefit has been exemplified by the recent boom in sales of Non-Fungible Tokens around cryptocurrency markets. In the tangible field, the trend of utilizing art as a store of wealth has […]

The post Lifting the Veil: What are the due diligence requirements for the Art Market in the United States? appeared first on Center for Art Law.

 

Pre & Post VARA: A Study of the Protection of Public Art

Image Caption: “Dondi 1979 (IRT express train)” by JJ & Special K is licensed under CC-BY-SA 2.0 By Tokunbo Fashanu and Julianne Schmidt. What kind of rights do artists have regarding works created for a public space? Who controls the future of government commissioned art? Do artists have any rights if their work is removed […]

The post Pre & Post VARA: A Study of the Protection of Public Art appeared first on Center for Art Law.

 

A Monumental Effort: An Examination of Cultural Heritage Protection in the MENA Region

Image Credits: © Vyacheslav Argenberg / http://www.vascoplanet.com/, Creative Commons 4.0 License By Alisa Grishin Cultural Heritage: An Introduction Since the advent of human existence, we have been creating. These creations – the art, monuments, cities, and artifacts – of our ancestors have prevailed for generations, constantly linking us to the past and reminding us of cultural […]

The post A Monumental Effort: An Examination of Cultural Heritage Protection in the MENA Region appeared first on Center for Art Law.

 

Dynamic Policies of Deaccessioning and Disposal in American Museums

Image Credits: The Baltimore Museum of Art (via Baltimore Heritage/Flickr) By: Nicholas Michael Alfred H. Barr Jr, Museum of Modern Art’s first ever director, analogized the modern museum’s collection to a torpedo “moving through time, its nose the ever advancing present, its tail the ever receding past of 50 to 100 years ago.”[1] In his […]

The post Dynamic Policies of Deaccessioning and Disposal in American Museums appeared first on Center for Art Law.

 

Case Review: Cassirer et. al. v. Thyssen Bornemisza Collection Foundation (2022)

by Anissa Patel Overview Since 1993, Rue Saint-Honoré, après-midi, effet de pluie[1], an oil painting by the French impressionist master Camille Pissarro has been hanging at the Thyssen-Bornemisza Collection Foundation’s Museum (the “Museum”) located in Spain.[2] The painting was originally purchased in 1898 by Julius Cassirer, a member of a wealthy Jewish family once living […]

The post Case Review: Cassirer et. al. v. Thyssen Bornemisza Collection Foundation (2022) appeared first on Center for Art Law.

 

Legacy and Lawsuits: An Overview of the Robert Indiana Estate Court Battles

By Atreya Mathur The story of Robert Indiana’s Estate is a fascinating one: full of art, drama, lawsuits, LOVE,[1] and maybe HOPE[2]. One of the best known American Artists, Indiana, who became a leading figure in the Pop art movement in the 1960s and called himself an “American painter of signs,”[3] left behind more than […]

The post Legacy and Lawsuits: An Overview of the Robert Indiana Estate Court Battles appeared first on Center for Art Law.

 

Art is Forever? How the Pandemic Spurred Transformations in Museum and Gallery Experiences and IP Considerations

By Kelsey Clifford Art is a consistent escape from reality. When COVID-19 emerged and infiltrated each of our daily lives, physical art became all but inaccessible. Until, that is, art became more accessible than ever. In April 2020, a New York Times article reported that “[a]s the coronavirus pandemic stretches into yet another month, keeping […]

The post Art is Forever? How the Pandemic Spurred Transformations in Museum and Gallery Experiences and IP Considerations appeared first on Center for Art Law.

 

Ballet Costumes and the Art of Copyright

By Cielomar Puccio The image of a ballerina is not complete if it is missing its tutu and pointe shoes. These two images have become icons of what a ballerina should wear to perform the lovely art we call dance. In fact, these icons are so important that little girls take ballet classes dreaming of […]

The post Ballet Costumes and the Art of Copyright appeared first on Center for Art Law.

 

Artist Feature Series: In Conversation with Steven J. Oscherwitz

Steven Oscherwitz, Untitled (2010) “Artists cannot be artists without being thinkers. I am, if anything, a thinker first, then an artist.” Steven Oscherwitz, Statement of Intent for IDSVA (2021) Steven J. Oscherwitz is an artist and an art and science researcher. Double majoring in Biology and Philosophy, Steven graduated with a Baccalaureate of Arts from […]

The post Artist Feature Series: In Conversation with Steven J. Oscherwitz appeared first on Center for Art Law.

 

Art Market Compliance As Seen From Switzerland

By Anna Brouver No News – Good news? There is nothing surprising about the fact that the art market gets more and more regulated. The call for “art market transparency” after decades (if not centuries) of handshake deals and painting examinations in bank vaults suggests regulations designed specifically for the arts sector that would require […]

The post Art Market Compliance As Seen From Switzerland appeared first on Center for Art Law.

 
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Newsletter created and edited by:
Louise Carron, Irina Tarsis, Tess Bonoli, Andrea Canzano, Tokunbo Fashanu, and Julianne Schmidt.
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