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*Nov. 13, 2013 --  Trial: Morel v. AFP/Getty (Thurgood Marshall United States Courthouse, New York, NY) 10AM
Daniel Morel, a photojournalist, was inHaiti during the 2010 earthquake and documented the devastation in images that were picked up and misattributed by the AFP. The photographs were ascribed to “Lisandro Suero,” and credited to “AFP/Getty Images.” As a result, Morel’s work was  disseminated but he did not receive credit nor licensing fees.

On January 14, 2013, Judge Nathan found that AFP et all violated the US Copyright Act and infringed Morel’s copyright. The jury trial starts on Wednesday to determine decide whether defendants acted “willfully” and determine damages. The case is important because it deals not only with attribution but also with social media dissemination of copyright protected works.
*CORRECTION: Nov. 13, 2013 -- The Effect of Cariou v. Prince on Advising Appropriation Artists (Cardozo Art Law Society, New York, NY) 6:00 PM - 8:00 PM

Cariou v. Prince is a recent case in the Second Circuit that has proved fascinating for anyone interested in copyright and art law. The Supreme Court may or may not grant certiorary to review the court of appeals decision this week.

Panelists:

  • John Koegel, The Koegel Group LLP
  • Michael Rips, Steptoe & Johnson LLP
  • Alan Behr, Phillip Nizer LLP
 
Nov. 14, 2013 - Arbitrating Cultural Heritage Disputes (American Arbitration Association Webinar) 2:00 PM – 3:30 PM
The primary issues that arise in cultural heritage disputes involve title, authentication and VARA (Visual Artists Rights Act). Resolving these disputes through arbitration instead of litigation can be less expensive and quicker. In addition, the arbitral decision-maker can be an expert in the particular subject—much less likely in court, and the confidentiality of arbitration can protect the players and the cultural heritage at stake.

This webinar will review the benefits, primary considerations—legal and non-legal, and best practices for drafting arbitration clauses for cultural heritage disputes and arbitrating cultural heritage disputes.

Topics include:

  • The benefits of arbitration over litigation in cultural heritage disputes.
  • Suggestions for tailoring arbitration clauses for maximum benefit to a particular cultural entity.
  • The resolution options available through arbitration.
  • A review of AAA Rules applicable to cultural heritage arbitrations.
Faculty:
  • Elizabeth Varner, National Art Museum of Sport, Indianapolis, IN
  • Anthony M.DiLeo, New Orleans, LA


*Nov. 25, 2013 --  IFAR Evening: Artists Resale Rights in the US: Overdue or Shouldn't Do? (Scandinavia House, New York, NY) 6PM- 8:30PM

Speakers:
  • KAREN TEMPLE CLAGGETT, Esq., Associate Register of Copyrights; Director of Policy and International Affairs, U.S. Copyright Office
  • SANDRA L. COBDEN, Esq., General Counsel, Dispute Resolution and Legal Public Affairs, Christie’s
  • THEODORE H. FEDER, Ph.D., Founder and President, Artists Rights Society
  • PHILIPPA S. LOENGARD, Esq., Assistant Director and Lecturer in Law, Kernochan Center, Columbia Law School
  • THE HONORABLE JERROLD L. NADLER, Congressman, Tenth Congressional District, New York
The program is free to IFAR Member/Supporters; Reduced rate for IFAR Journal subscribers and full-time students with ID; and $25 to the General Public.
 
more details...


*Nov. 22, 2013 -- NYCLA: 6th Annual Art Litigation and Dispute Resolution Institute (NYCLA, New York, NY) 9:00AM - 5:00PM

Topics:

  • Regulation of Art Not-for-Profits
  • The Law of Hans Haacke's Art and the Art of Hans Haacke's Law
  • Installation Art
  • Trademarks in Fine Art
  • Fair Use and Appropriation After Prince
  • 3D Printing in the Arts -- With Live Demonstration

Keynote Address: Ethics and Nazi Looted Art

Faculty:

Hon. Stephen Crane (Ret.), JAMS and Raymond Dowd, Dunnington, Bartholow &  Miller LL; Amy Adler, New York University School of Law; Alice Alcock , Artist; Hon Kristin Booth Glen (Ret.); Francis Bitonti, Francis Bitonti Studio; H. David Celento,  DigiFabLabHon. Stephen Crane (Ret.), JAMS ; Raymond Dowd, Dunnington, Bartholow &  Miller LLP; Scott Greenberg, Locke Lord LLP; Hans Haacke, Artist; Hon. Barbara Jaffe, NYS Supreme Court; Michael Kelly, Kenyon & Kenyon LLP; Jo Backer Laird, Patterson Belknap Webb& Tyler LLP Christine Lepera, Mitchell Silberberg & Knupp LLP (MS&K);  Joseph Murphy, Law Offices of Joseph F. Murphy; David Nachman, Charities Enforcement, NYS Attorney General's Office;  Jason Nardiello, Hiscock & Barclay;  Hon. Loretta A. Preska, Chief District Judge, S.D.N.Y.;  Judith Prowda, Sotheby's Institute of Art;  Virginia Rutledge; James A. Trigg, Kilpatrick Townsend & Stockton LLP; Scott R. Wilson, Boies, Schiller & Flexner LLP; Stephen P. Younger, Patterson Belknap Webb & Tyler LLP

more details...

 
NOTE: Events with a * next to the date are appearing in the Newsletter for the first time.
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Announcements

 

What's New:
  • November is turning out to be all about the Nazi-era looted art, starting with the LCCPH program on November 1st, the Dutch museums announcing possession of 130+ paintings taken from Jewish owners and never returned and the earth-shattering announcement of the treasure trove found in Germany  containing hundreds of important works thought to have been destroyed during the Second World War.
  • Banksy's deflated --  NYPD confiscated helium inflated balloons spelling the name of the British graffity artist, Banksy, who was on a self-imposed residency in New York City in October. Three men were arrested in connection with the latest and may be last Banksy installment.They face trespassing charges.
Competitions/Training Programs
  • Provenance Research Training Program Workshops (Vilnius, Lithuania) In light of the breaking news out of Munich, consider attending the third workshop of the PRTP, which is an advanced training program whose main mission is to serve the international community of current and future professionals of various backgrounds who are or will soon be engaged in dealing with Nazi-era looted cultural property and related post-Holocaust issues. Nov. 30 - Dec. 6, 2013.
 
  • Writing Competition: The Phil Cowan Memorial/BMI Scholarship The Entertainment, Arts & Sports Law Section of the New York State Bar Association (EASL), in partnership with BMI, the world’s largest music performing rights organization, offers up to two awards of $2,500 each on an annual basis in Phil Cowan’s memory to a law student who is committed to a practice concentrating in one or more areas of entertainment, art or sports law. The deadline to submit your essay is December 12, 2013


Job Openings and Internships
  • Bureau Chief -- Charities Bureau, Division of Social Justice, of the New York State Attorney General's Office is seeking new leadership for its Charities Bureau, which regulates all non-profits doing business in New York State.
 
New/Related Publication*

Nazi-era looted art
Recent
  • Paul Kearns, Freedom of Artistic Expression: Essays on Culture and Legal Censure (Hart Publishing, 2013). Order your book here.
  • Marie C. Malaro and Ildiko DeAngelis, A Legal Primer on Managing Museum Collections, 3rd Ed. Much has changed in the museum world since the first edition of this book came out in 1985. The revised edition is "an authoritative, go-to book for any museum professional, Legal Primer offers detailed explanations of the law, suggestions for preventing legal problems, and numerous case studies of lawsuits involving museum collections." Order your book here.
  • Michael Bennett, Praxiteles: The Cleveland Apollo (Cleveland Museum of Art, 2013). Available on Amazon.
  • Simon Thurley, Men from the Ministry: How Britain saved its heritage (Yale University Press, 2013). Available on Amazon.
  • Judith B. Prowda, Visual Arts and the Law: A Handbook for Professionals, ISBN: 978-1-84822-086-7. The topics addressed include freedom of expression and controversial art, rights of privacy and publicity, copyright, moral rights, artist resale rights, the artist-dealer relationship, commissions, auctions, expert opinions (appraisal and authentication) and title problems and stolen art. $60.00 With questions contact Leigh Norwich or order on Amazon.
*Please visit our Publications page to see the list of books and articles previously featured in this Newsletter.
Headlines
 
Excerpts:

From DIA To Dia: Deaccession Debate Rages on as Dia Founders Sue To Prevent Sale Of Twombly And Chamberlain Works

by Hanoch Sheps, J.D.* In a complaint filed last week on November 7, the founders of the Dia Art Foundation …

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