May 2022.
Art Law Blast 4.0
PS All puns are intended.
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Springing into Summer
Dear <<First Name>>, 

May marks the end of our Fiscal Year and many new beginnings. The Center just wrapped up another spring semester and is already in the midst of charting the summer term. Join me in welcoming our new class of interns: Nina Rice (New York Law School, class ‘24), Blake Konkol (Penn State Law School, ‘24), Murphy Chen (American University Washington College of Law, ‘24), Paulina Picciano (Rutgers University), Jane Kinsella (Wellesly College, '22) and Kenza Tahri (McGill University, '23). The summer will also plan to work with a team of international students and resume the study of the AML regulations concerning the international art trade. If this topic is of interest to you, let us know (and for those who missed our Anti-Money Laundering Workshop on May 25, 2022 with Susan Mumford, the program has been recorded)! 

What to expect from the Center this summer? The coming weeks will be filled with more than just a few workshops–our Some Like It Digital series is making its comeback, and we have an array of programs coming up that will help us launch the new Artist-Dealer Relationships Clinic that the Center is unveiling shortly. We hope to see you all there, and would love for you to join the Center as we explore all the areas of art law that we hold so dear to our hearts. See you soon!

Warm Regards, 

Minelli Manoukian 
Executive Director

Students are eligible for a discount on membership. Contact us for more info!
On Our Calendar

CENTER FOR ART LAW Art Law Lunch Talk - Some Like it Digital: Meet me in the Metaverse

May 31, 2022, 12:00 PM EST
Online


Why spend time in Second Life, when we are not done with the first one? How many metaverses are there? One or multiple? And if there are multiple, how do you know where you might have a date with art, entertainment or destiny if you don't have a map or clues to where you are supposed to be? Web 3.0 is making waves, if not disruptions, and capturing the imagination of some but not the skeptics (yet). Join us at Center for Art Law as we peek behind the digital scrim to learn about art that imitates life in the space now known as the metaverse. What rules govern in the metaverse and who, if not artists, are the kings that govern the new realms? Our guides: Jesse Damiani, Founder and Director of Postreality Labs, writer, curator, and producer, and  leader in the art, media, and emerging technology thought; and Massimo Sterpi, a returning guest at the Center, international art law expert, partner at Gianni & Origoni firm, art collector and  progressive juridical mind. Our master of ceremonies if not of the matter: Irina Tarsis.

Register Here.  


CENTER FOR ART LAW Artist Dealer Relationships: Reading the Fine Print
June 6, 2022, 12:00 PM EST
Online

Join Center for Art Law in conversation with Eric Aho, an artist represented by the DC Moore Gallery and Dean Nicyper, partner at Withers Worldwide. Together, the panelists will share their experiences and perspectives from the view point of an artist and attorney, and discuss the intricacies of art contracts, building relationships with dealers and drafting/negotiating consignment agreements.

Register Here.  


ZURICH ART WEEKEND At the Bar: Talks on Artists' Rights
June 12, 2022, 4:00 PM CET
Online


This is the second annual program from the Swiss Association for Rights in the Arts, being offered as part of the Zürich Art Weekend. Artists are at the core of the art world and yet often lack guidance on legal questions that can help structure their creative process. From managing relationships with dealers and gallerists, to questioning the originality of works in the digital age, but also navigating exhibitions, art professionals are faced with a variety of issues which could influence their artistic development in the long run. Guests will include, our Founder and Director, Irina Tarsis who will speak with Franziska Furter about the importance of negotiating and memorializing artist-dealer relationships in contracts. 

Register Here.  


CENTER FOR ART LAW Art Law Lunch Talk - Some Like it Digital: The Art and Law of Domain Names for Artists (And All)
June 15, 2022, 12:00 PM EST
Online

Now we all know that Google knows the answer, but what do you know about the laws that govern domain name registrations? Join Center for Art Law for an insightful look at the history of domain names and as we drill down to specific examples  involving the art world. ICANN tell you all about it, but our guests can do it better. So please, join Kurtz Pritz, former executive team member of ICANN, Anne Gundelfinger, General Counsel for the Unicode Consortium, and the Center for Art Law's Irina Tarsis as the group discusses the art and the (political) science behind domain names and registrations.

More information here  

July 7, 2022, NOON EST
Online

WORLD UNITE FOR UKRAINE Global Concern Event
July 16, 2022, 8:00 PM EST
Online


World Unite for Ukraine, a global grassroots movement, will present a streaming, 90+ minute benefit concert event on June 16, 2022. Streamed to 25+ countries, the event will feature music by Pink Floyd, AJR, Pat McGee Band and Crash Test Dummies among others, as well as appearances by actors Liev Schreiber and Pej Vahdat, Ukrainian-born multimedia artist Janina Pedan, and other celebrities from the U.S., Ukraine and other countries across the globe. 

More Information Here 


CENTRE FOR GLOBAL HERITAGE AND DEVELOPMENT Summer School: Contested Heritage and the Role of Provenance Research
August 19, 2022 - September 1, 2022
Online


Every year -at the end of August - the Centre for Global Heritage and Development organizes a summer school. This year, our summer school will focus on contested cultural objects and the role of provenance research (ownership history). What are the standards for heritage protection and ownership of cultural objects that were (or might have been) looted, recently or in the past? Moreover, what is the role of law enforcement in these matters? In an interdisciplinary setting, with scholars and professionals from the fields of law, cultural heritage, law enforcement and the art market, we will look at the standards and mechanisms that are in place to prevent cultural objects from being acquired, and/or traded unlawfully.   

Register Here.  

More Events
What's New in Art Law

Bored Ape Yacht Club #8398

Another NFT of a Bored Ape, this one named Frank, has been stolen. The owner, Seth Green, who was planning a program around his NFTs calls the act of phishing scam that lead to the loss of the token and it’s subsequent sale to one DarkWing84, a “literal kidnapping.” Green issued a twitter invitation to “fix it.” 

“I stand by my actions, and I stand by the legal consequences.”

When freedom of expression sounds like vandalism, police and restorers rush to the rescue. This spring, double modification of a painting was viewed as defacement of public property, which forced Danish museum to restore the 1959 collage painting of Asger Jorn after Ibi-Pippi Orup Hedegaard glued his own photo onto the Jorn canvas. Hedegaard was arrested for his act and charged with destroying museum property. Jorn, who modified/defaced a painting purchased at a flea market and renamed it “The Disquieting Duckling” was engaged in “​​détournement.” 

I Have Been Changed...for Good

The Smithsonian has officially announced its plans to adopt a new restitution policy that emphasizes ethics rather than strict legal compliance. As of April 29th, objects that are found to have been unethically sourced will have a streamlined repatriation process. This comes several months after Smithsonian employees, a group called Ethical Returns Working Group, first began proposing the institutional changes. 

NFT's for a Cause

A newly rediscovered painting by Egon Schiele will soon be minted as an NFT to fund its restoration. Leopold Czihaczek at the Piano 1907 will be displayed at The Leopold Museum in Vienna and will join an NFT collection of 23 other Schiele paintings. In a statement, the museum said that “the curated NFT collection [at the Leopold] will reflect subjects at the heart of Schiele’s extensive body of work that continue to resonate today; gender and androgyny, self-identity and plurality, as well as psychological struggle.”

Last sentence

Inigo Philbrick is sentenced to 7 years in prison for an $89-million art fraud.

A Museum Go-ers Nightmare

A 17th century painting by Guido Reni was ripped after an elderly American tourist fell into it at Galleria Borghese in Rome. The museum issued a statement suggesting that the woman felt ill and collided with the painting, but other sources have pinned the blame on a baseboard that holds the painting’s frame. The painting, St. Francis receiving the stigmata, was only superficially damaged and remains on display.

A Big Bang of Sculptures

French sculptor Daniel Druet has filed a lawsuit claiming that he is the creator of nine works attributed to Maurizio Cattelan. Druet was approached by Cattelan in the 1990s to produce sculptures and, although he was paid for his work, a contract detailing the rights to the conceptual art was never produced. The outcome of this lawsuit, which is being reviewed in Paris, has the opportunity to develop precedent regarding intellectual property creation and ownership rights

"Happy Birthday Mr. President"

Andy Warhol’s Shot Blue Sage Marilyn sold at auction for $195 million, a record price for one of his works. Estimated at $200 million, the painting was sold to Larry Gagosian for a hammer price of $170 million. It is now the most expensive work by a 20th-century artist to ever be sold at auction.

The Serious Side of Cultural Theft

After attempting to bring ancient pottery fragments back to the UK from Iraq, a retired geologist is now facing the death penalty. The pottery fragments, taken from the archaeological site Eridu, had been labeled as worthless by the local guides who took over the tour after the tour leader, who was more familiar with Iraqi cultural heritage laws, was hospitalized. 
 
The Birth of Ven--Madonna?

Madonna has just launched her very first NFT line with Beeple that may not be safe for viewing in your work environment. This three video NFT series depicts the pop icon giving birth in different settings. Titled “Mother of Creation” this NFT series is enshrined in the ideas of motherhood and creation. 

Sherlock Holmes of Art

ArtNet News recently did a profile on Eric Turquin, master of uncovering priceless works of art hidden in plain sight.The article discusses his rise to fame, including his  discovery of Caravaggios, and his viewpoint that teamwork really is how so many of these works get discovered. 

The Thrifting Find of the Century

In 2018, a marble bust was bought at a Goodwill thrift store in Texas for $35. After consulting with various specialists, buyer Laura Young was informed that it was an ancient Roman bust of Sextus Pompey, a son of Pomey the Great and enemy of Julius Caesar. Likely stolen by an American soldier during World War II, it will return to Germany in 2023 after a brief exhibition at the San Antonio Museum of Art.

The Continuing Theft of Culture

The Kotawehera temple is one of the oldest remaining structures in Sri Lanka and is another one of the victims of the ongoing looting and pillaging of cultural heritage sites within the nation of Sri Lanka. According to Sri Lanka’s Department of Archaeology, a total of 231 instances of destruction, unauthorized excavation, and theft of archaeological objects were recorded in 2021.

Bad News from the Louvre

... "former president of the Louvre museum in Paris has been charged with conspiring to hide the origin of archaeological treasures that may have been taken out of Egypt during the Arab spring uprisings." Together with the" world of antiquities" we are shocked by this news. Et tu, Jean-Luc Martinez?!  Martinez was at the helm of the Louvre b/n 2013 and 2021.

The Spoils of War and Mistaken Sales

A federal judge in Texas has ruled that MFA Houston can keep a painting that belonged to a Jewish collector during World War II. The heirs of this collector claim that it had been forcibly sold to the Nazis and should be restituted, but MFA Houston has maintained that it was a voluntary sale. The painting came to the United States after the Monuments Men mistakenly returned it to the wrong person and that person sold it to an American collector.

Raise Your Voice

Kyiv museum curators bravely criticize war by telling stories of its collection's historic objects. Online articles by staff at the National Museum of the History of Ukraine show how the objects  resonate with the war-torn country. 

Museum of Misfit Artwork

In light of the ongoing war in Ukraine, Russian artist Andrei Molodkin is opening his studio doors to highlight political art. Having served his mandatory military service three decades ago, he now works out of France and uses his art to speak out against Putin’s leadership. His studio, called Foundry, currently displays the artistic works of creatives whose work has not been accepted by mainstream society, in Russia and elsewhere. Kendall Geers, a South-African artist, has described the Foundry as “a parallel art world” and a place where “it’s still possible to experience true freedom of expression.”

Picasso of Opportunity 

Picasso was such a prolific artist, something global, art, law and Picasso-related makes the our news monthly. While in Paris, a museum visitor stole a jacket on display at the Musee Picasso, in Philippines a lost Picasso was spotted in a photograph of Imelda Marcos celebrating the presidential win of her son Ferdinand “Bongbong” Marcos Jr. The Marcos' Picasso if not fake is part of a collection connected to anti-corruption investigation in the Philippines.

On the Blog

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

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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 Law Corner

Berlin Regional Court, Martin Eder v. Daniel Conway, decision no. 15 O 551/19 (March 2022)

Pivar v. The Van Gogh Museum, No. 21 Civ. 09362 (LLS) (S.D.N.Y. Mar. 25, 2022)

Cassirer v. Thyssen-Bornemisza Collection Foundation, No. 20–1566. (April 21, 2022)

Chris A. Williams v. Hy-Vee, Inc. et al, No. 2:19-CV-06671 (C.D Cal. May 15, 2022)

Read the full Case Law Corner
We are closing the books on FY 2022 on May 31st! If you would like to make a contribution to the Center (as a "Thank you!", or as a "Good Job," or as a "Keep Improving") we welcome your support and feedback! 

Paypal Donation: artlawteam@itsartlaw.org
Facebook Fundraiser:
https://www.facebook.com/donate/936010551134798/10159989309431142/

Art by @ly.ra on Instagram
New Titles for your Art Law Bookshelf 

Collections and Deaccessioning (£110)

Collections and Deaccessioning explores the deaccessioning museum practice in a post-pandemic world, and how museums will or must be different after COVID-19. The book consists of three volumes: Conversations with Museum Directors; Towards a New Reality; and Case Studies. Collections and Deaccessioning in a Post-Pandemic World is a major new 950-page resource which draws on the experience and thinking of some of the world's most experienced and respected museum professionals. 

The Return of Cultural Heritage to Latin America: Nationalism, Policy, and Politics in Colombia, Mexico, and Peru

The Return of Cultural Heritage to Latin America adopts a new approach when looking at the question of returns and restitutions and is the first publication to examine the domestic policy of claiming countries to better understand who supports certain claims, and why. 

See Art, Think Art Law (TM)
Exhibitions and Events on Our Radar

Sam Gillian
Dia Beacon (NY)

Through July 31, 2022

Dia Art Foundation presents an exhibition of Sam Gilliam’s early work from the 1960s and 1970s at Dia Beacon in Beacon, New York. Installed alongside Dia’s permanent collection, this presentation situates Gilliam’s practice in dialogue with that of his Minimal and Postminimal peers, such as Robert Morris and Anne Truitt, who, like Gilliam, considered painting in an expanded form. One of the most important figures in American abstract art, he emerged from the Washington, DC, cultural scene in the 1960s alongside Truitt. Setting himself apart stylistically from Washington Color School painters, with whom he is often associated, the artist incorporated a beveled edge and experimented with suspension as two distinct methods of working with canvas.
 
Career Opportunities
Art Loss Register: Provenance Researcher
(London, UK)
The Art Loss Register is currently looking for a provenance researcher to start as soon as possible and join our Restitution team in London. The role includes work in due diligence and on research projects related to the dispossession of art and cultural objects due to Nazi persecution and WWII, as well as management duties related to our clients such as international auction houses and dealers worldwide.Read more about how the position and how to apply HERE.
Copyright © 2022 Center for Art Law, All rights reserved.


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