Treating you to Art Law Blasts since 2010.
What's New:
Welcome and Thank you! 

New York City is a great place to be in the summer and we are thrilled to welcome two summer interns Scotti Hill and Nina Mesfin. Also, we invite you to join us in celebration of our wonderful team of Spring interns Bianca Acquaviva, Samantha Elie and Jessica Preis. From the Knoedler Trial coverage through the You've Been Served film series, Bianca, Samantha and Jessica have been phenomenal. Thank you very much for your great work and insights!
Parting is Such Sweet Sorrow: Covenants Not to Compete Between Auction Houses (June 2016)

Center for Art Law's Postgraduate Fellow Liz Weber Esq., writes on Covenants not to compete (CNCs), a common inclusion in auction house employment contracts. The article sheds light on this timely and important topic, providing logic behind the creation of CNCs and highlighting contemporary case studies that show the implication of CNCs in art auction houses. 

Legal Battle Between Street Artist and Fashion Label Highlight Unique Copyright Issues:

Questioning whether street art can be protected by copyright law, fashion label Moschino has defended their use of “Vandal Eyes,” a Detroit area street art piece by graffiti artist Rime (Joseph Tierney). Moschino incorporated the work into a number of designs, most famously the dress worn by Katy Perry to the Met’s costume gala last year. As recent settlement negotiations have gone awry, the case appears far from settled. 

New York Tax Law Details the Differences Between Collectors and Dealers

The New York Times uses the recent $7 million tax settlement between New York State Attorney General Eric T. Schneiderman and real estate developer Aby Rosen for back taxes on $80 million worth of art as a case study for New York law, which allows the purchaser of art to avoid taxes if the purpose of the purchase is to resell the art. 

What the Panama Papers Reveal About Ownership and Secrecy Within Art Market: 

Since the massive data leak, journalists have pieced together details of the offshore holdings and shell corporations that allowed collectors to shield billions of dollars worth of art. The leaks also provided information regarding the International Art Center, a Panama-based company headed by the Nahmad family, currently entangled in a battle over Modigliani's "Seated Man with a Cane." 
SAVE THE DATE: July 19, 2016
Summer Art Law Mixer
6-9 PM
Upcoming Events


To help you plan your art law calendar, check out the full listing of and upcoming events on our radar.
*June 9, 2016 -- Legal Primer for Artists: Leasing Commercial and Residential Space and Dealing with Tax Issues (New York Foundation for the Arts, Brooklyn) 4:30-6:30 PM

To learn about artists rights as residential tenants, the basics of leasing commercial space, and income and sales tax issues don't miss the panel which will include Patricia Pernes, Esq., Jill A. Ellman, Eq., Associate, M. Ross & Associates, LLC and David Frazer, Esq., Attorney at Law. Judith B. Prowda, Esq., and Carol J. Steinberg, Esq., will serve as co-moderators. 
*June 15, 2016 -- Fraud in the Contemporary Art Market: The Lessons of the Knoedler and Johns Scandals, (New York Foundation for the Arts, Brooklyn) 6-8PM

Moderated by John Cahill of Cahill Partners, the panel includes speakers Amelia Brankov, Judith Prowda, Dean Nicyper, William Pearlstein, Daniel Weiner and Joseph Patella. 
June 21, 2016 -- You've Been Served: "The Destruction of Memory" (2015) Film Screening, Q&A and post-film drinks, (Anthology Film Archives, New York, NY) 6:30-8:30 PM

Center for Art Law cordially invites you to drinks following the screening of "the Destruction of Memory," a fascinating documentary about the tragic effects of cultural destruction throughout the globe. The screening will be followed by a Q&A with director and producer Tim Slade. Doors open at 6 pm. Seeing you there!

more here...

*June 23, 2016 -- Building an Affordable Art Collection-Understanding Today's Art Market, (Hunter College, New York, NY) Section I: 1-4 PM, Section II: 6-9 PM

This two section course will give attendees insight into what constitutes value in art, where to obtain information on the art market, venues for buying art, interpreting art auction figures, speculation in the contemporary art market and the historical performance of art funds. Tuition is $99 and attendees can bring a guest for free. 
*June 24, 2016 -- All Art and Cultural Heritage Law, (University of Geneva, Switzerland)

2nd Annual Conference will focus on law and ethics in the field of cultural heritage, as well as national and international experiences on the implementation of cultural heritage law. Speakers and moderators include Stephen Urice, President of the International Cultural Property Society and Stephen W. Clark, Vice President, General Counsel and Secretary, the J. Paul Getty Trust.

June 28, 2016 -- The Art Newspaper and Herrick Partner for 2016 Panel Series: Looted Antiques in the Middle East (Herrick Feinstein LLP, 2 Park Ave, New York, New York) 4-6 PM 
NOTE:  Be sure to check out our calendar for more events!
For a list of books and articles featured previously, please visit our Publications page.   

 Michael E. Jones, Art Law: A Concise Guide for Artists, Curators, and Art Educators (June 6, 2016) -A practical guide for students and professionals within many disciplines, covering topics such as acquisitions, grants and purchasing.

Martin Harrison, Francis Bacon: Catalogue Raisonné (June 28, 2016) - Sanctioned by the estate of Francis Bacon, this catalogue is the result of over a decade of work from editor Martin Harrison. 

John Kerr, The Securitization and Policing of Art Theft: The Case of London (March 9, 2016) - Taking a criminologist's perspective, author John Kerr delves into the various practices accompanying art security and surveillance in the modern age. 

Tad Crawford, Business and Legal Forms for Illustrators (Fourth Edition, February 2, 2016) - As a handy resource, containing twenty-nine of the most commonly used business and legal forms likely to be used by today's illustrators. 
Is Case Law Corner your favorite section of the Center for Art Law's newsletter ?
Don't wait for our next email to get your fix. Read more case law here now!
  • Bennet Goldberg, et. al v. Stephens Institute., 16-cv-02613-JSC (U.S. District court for Northern District of C.A. May 13, 2016) -- Parents of decedent college student seek class action lawsuit against Stephens Institute (also known as the Academy of Art University) for violating rental ordinances by failing to maintain student housing and deprive students of their right to exercise tenant rights. Specifically, they allege violations of the California False Advertising Law and the California Unfair Competition Law. 
  • General Services Administration v. Matthew Schwartz., (U.S. District Court, N.J. May 23, 2016) -- The federal government is suing New Jersey art dealer Matthew Schwartz to reclaim possession of the painting "1934 Farmer." Schwartz claims he obtained the severely damaged painting from the Chrysler Museum, who disposed of it in 1990, and has since spent thousands of dollars restoring it. The federal government's General Services Administration (GSA) has reportedly been pursuing the painting, which was previously believed to be lost or stolen. Because the painting was made during Franklin D. Roosevelt's Works Progress Administration, the federal government allegedly holds full legal title to the artwork. In their complaint, GSA cites conversion, trespass to chattels and unjust enrichment and seeks a declaratory judgment and injunctive relief. 

Realities of Fan Fiction: Paramout To Boldly Drop Lawsuit

By David Honig, Esq.* In 1966 the world was introduced to the crew of the USS Enterprise NCC-1701! On September 8, 2016, 50 years will have passed since we joined that intrepid crew on its five year mission. Over the course of a half century Star Trek has amassed a following unlike any other. The…Read more Realities of Fan Fiction: Paramout To Boldly Drop Lawsuit
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Parting Is Such Sweet Sorrow: Covenants Not to Compete Between Auction Houses

*By Elizabeth Weber, Esq. Covenants not to compete (CNCs), also called non-compete clauses or simply non-competes, are commonplace in employment contracts. Generally, CNCs seek to prevent an employee from leaving his or her current employer to work for a direct competitor. CNCs typically last for a set period of time and only pertain to a…Read more Parting Is Such Sweet Sorrow: Covenants Not to Compete Between Auction Houses
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