April 2022.
Art Law Blast 4.0
PS All puns are intended.
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Brooklyn Bridge to Peace
Dear <<First Name>>, 

Three more months of my Judith Bresler Fellowship! The time flies when you're engaging with and learning from lawyers, artists and art professionals! Through the efforts of the Judith Bresler Fellowship, the Center has provided guidance to artists with our clinical consultations, taught workshops and facilitated conversations between artists, attorneys, archivists and appraisers (just to name a few!) Additionally, our Artist Feature Series has focused on important conversations with artists such as Martha Szabo on legacy and estate planning;  Steven Oscherwitz, on the intersection of science, law and art; and with Molly Dougenis on filing lawsuits and recovering stolen artwork-- every story has been eye-opening and taken us a step closer to supporting remerging and older artists. 

We also have a series of in-person events related to our clinical offerings on immigration law, legacy and estate planning and artist-dealer relations at the National Arts Club, along with a TON of exciting webinars as we launch our new Artist-Dealer Relationships Clinic this summer! Who knows, may be in not so distant future the Center will host a retreat for art-service professionals...

In brief, it’s been quite a year at the Center and an exciting journey for me, so far, as the inaugural fellow. Through the Fellowship, I have gained practical experience in working with attorneys and art professionals in the community and collaborated with art institutions and foundations to make art law accessible to all. The fellowship has afforded me the opportunity to contribute to law as a lawyer, educator, and a lover of the arts.

As my own Fellowship is nearing completion, I invite recent law school graduates to apply for the Fellowship to learn more about the intersection of art and law, contribute to the field and honor Judith’s legacy. I would also like to thank all the sponsors of the Fellowship and invite you all to consider endowing and supporting the Fellowship for many more years to come!

Sincerely yours,

Atreya Mathur
Judith Bresler Fellow 2021-2022

On Our Calendar

NATIONAL ARTS CLUB & CENTER FOR ART LAW Immigration and Artists: The O-1 Visa
April 20, 2022, 6:00 PM EST
The National Arts Club, 15 Gramercy Park South, New York, NY 10003

Join the National Arts Club and Center for Art Law as we debut a conversation with artist and NXHVN Fellow Layo Bright and immigration attorney Rebecca Lenetsky on the world of immigration. Bright and Lenetsky explore nuances behind the process behind receiving the O-1 Visa for Gifted and Talented Artists and share their experience in all things immigration and art. This is the first event in a series of three events with Center for Art Law as part of the Center’s Legal Clinics for Visual Artists. It is being offered as part of Center for Art Law’s Visual Artists’ Immigration Clinic.

This program is supported, in part, by public funds from the New York City Department of Cultural Affairs in partnership with the City Council. 

Register Here.  

 

CENTER FOR ART LAW Art Law Lunch Talk: Safe Space: How Artists Interact with Museums

April 26, 2022, 12:00 PM EST
Online


As the contemporary art world evolves, many museums find themselves in a position to re-examine their role in it. From navigating conservation in a digital age to reinterpreting the use of museum space, many of these changes are entering uncharted territory. One way museums are leaning into their roots at this time is by providing a new level of support for artist-museum relationships. Join us for a conversation moderated by Irina Tarsis between Joel Ferree (Los Angeles County Museum of Art) and Sriba Kwadjovie Quintana (San Francisco Museum of Fine Arts) to hear their thoughts on the role of artists within the current and future museum world. Exploring topics from artist workshops and mentorships to monetary assistance and legal parameters, the audience will learn about current developments in the museum field so that artists, museum professionals, and visitors alike can better understand the vitality of museums and their role as a safe space.

Register Here.  


IFAR Ukrainian Cultural Heritage: What's Damaged; Destroyed; Documented; and Being Done
April 26, 2022, 2:00 PM EST
Online

Several experts discuss the attacks on cultural heritage in Ukraine as a result of the Russian invasion, and initiatives to help. Q&A will follow the talks. 

Register Here. 


CAEL Journal Conference The Parthenon Marbles Case and the Universal Museum Myth: Policies and Politics
April 28, 2022, 9:00 PM EST
Online

The conference will bring together scholars and advocates to discuss the history of cultural property, its rightful owners, and whether the property should be returned to its original creating country. Professor David Rudenstine will present his decades-long historical research challenging the British Museum’s claim in the cultural property dispute between Greece and Great Britain over the Parthenon Sculptures taken to London in the early 1800s by the British ambassador, Lord Elgin.

Register Here.  


CENTER FOR ART LAW CLE - Information & Compliance: Legal Issues for Galleries
April 28, 2022, 12:00 PM EST
Online


As the internet age grows around us, the world of art has also had to adapt and move into the digital plane. The purpose of this CLE program is to explore legal obligations that art businesses in general and galleries in particular have in the increasingly digital world. From enhanced privacy obligations to knowing the sources of funds and identity of clients investing in art, from clear terms and conditions to copyright compliance, members of the art market will learn and review their obligations under federal and state laws to become and remain compliant with the ever-changing and increasingly regulated digital world. Moderator: Tess Bonoli, Esq., Morrison Cohen; Speakers: Jana Farmer, Esq., Wilson Elser; Lawrence Shaw, AAAtraq; Irina Tarsis, Esq., Artists Rights Society.

Register Here.  


MEDICI MUSEUM OF ART Art Crime in the 21st Century: Robert K. Whittman Lecture Series
May 4, 2022, 7:00 PM EST
Online

USA VS ART THIEVES: Join FBI agent, best-selling author, and art crime expert Robert Wittman to uncover the inside stories of the multi-billion dollar worldwide business of art crime where frauds, forgeries, and fakes are the largest component.Drawing on cases he worked on personally during his long and illustrious career in the FBI's National Art Crime Team, Mr. Wittman will share stories and details of famous art forgeries. We'll meet a fake Saudi Sheikh with a fake Rembrandt and find out about a forged contemporary piece by Jean Michele Basquiat. Using visuals and video, we will also dig into a fraud case that rocked PBS's Antiques Road Show years ago. Later, we will learn about legal rulings and protections for art collectors and find out how not to acquire a fake or a forgery!

Led by an expert on art fraud, award-winning author, and FBI agent, Robert K. Wittman, this interactive talk will explore the multi-billion-dollar industry of fakes and forgeries.

Register Here.  


INSTITUTE OF ART & LAW  War and the Legal Protection of Cultural Heritage  
May 6, 2022, 8:00 AM EST
Online


While the human costs of this war are at the forefront of everyone's mind, it nevertheless remains important to gain a better understanding of the terrible destruction and damage also being caused to religious establishments, historical monuments and cultural institutions such as theaters and museums. This webinar is an attempt to set out the rules and practices of war in relation to the protection of cultural property against the backdrop of this tragic and ongoing conflict.

Register Here.  


CENTER FOR ART LAW Art Law Lunch Talk: Museums and Deaccessioning  
May 11, 2022, 12:00 PM EST
Online


Join the Center for Art Law as we discuss and explore the issues that museums have to consider and what they go through when they go through the deaccessioning process with Jill Deupi, Director of the Lowe Art Museum, U. of Miami, Katie Wilson-Milne, Partner at Schindler Cohen & Hochman LLP, and Irina Tarsis, Founding Director, Center for Art Law.

Register Here.  

More Events
Students are eligible for a discount on membership. Contact us for more info!
What's New in Art Law

Dealing Dirty 

Attorneys for incarcerated Inigo Philbrick have asked the court for leniency ahead of the former art dealer’s planned sentencing. Seventeen friends and family members have written testimonials on Philbrick’s behalf, including a letter from contemporary art due Gilbert and George, who worked with Philbrick during his tenure as an intern at London’s White Cube Gallery in 2005. After being arrested in June 2020 for wire fraud associated with more than $86m of artworks, Philbrick was scheduled to be sentenced in New York this week, and the hearing has now been delayed until early May. 


A Case for Making Marble Digital

After the Institute of Digital Archaeology was refused permission for a 3D scan of the Parthenon Sculptures, the archaeology organization has filed a freedom of information request to the British Museum, who currently owns the antiquities. The digital scans would produce replicas to be housed in the London museum, allowing the original marbles to be returned to Greece. Originating in the 5th century B.C. Athens, the works were removed by the Earl of Elgin in the 19th century. Since their removal, Greece has persistently requested their repatriation. 
 

Meme or Mimicry? 

German appropriation artist Martin Eder recently won a copyright case against U.K. artist Daniel Conway. Conway asserted that Eder’s 2018 painting “The Unknowable” was partially plagiarized — a claim that was brought to light and infamy by Instagram account diet_prada. Deemed an original by a Regional Berlin Court, Eder’s signature kitschy oil painting featuring internet imagery marks an inflection point in the way European law interprets appropriation art. 

A Landmark Decision Underway

The US Supreme Court (SCOTUS) has agreed to hear Warhol v. Goldsmith by granting the Andy Warhol Foundation for Visual Arts, Inc. a writ of certiorari. A fair use copyright case, it concerns Andy Warhol’s screenprints of the singer Prince which used a photograph taken by Lynn Goldsmith. SCOTUS has taken up this case after a lower court ruled that the prints were not fair use.


A Miami Memorial

The Florida Southern District Judge has ruled in favor of the City of Miami Beach in a case concerning artwork memorializing a man, Raymond Herisse, killed by Miami Beach Police in 2011. Commissioned by the city, it was installed in 2019 for “ReFrame Miami Beach” but taken down the day after the exhibtion opened. Judge Marcia G. Cooke stated that “When the government exercises ‘the right to speak for itself,’ it can freely ‘select the views that it wants to express’” while the commissioned artist remarked that “...I slowly became outraged. I could not understand how an image that was meant to memorialize someone could be offensive.”
 

Yale, Yale, Yale… Look What We Have Here

United States Homeland Security confiscated over $1 million worth of antiquities from Yale University. The objects have been linked back to Subhash Kapoor, an infamous antiquities trafficker who was convicted a decade ago for his involvement in an international muggling scheme. Compliant in the delivering the stolen works, the museum has made a public statement and said that “Yale was glad to work cooperatively with the D.A.’s [District Attorney’s] Office in this important matter.”

A War by any Other Name

The Edgar Degas painting previously known as “Russian Dancers” has been renamed “Ukrainian Dancers.” A decision made by London’s National Gallery, it follows an increased public pressure to better distinguish between Russian and Ukrainian culture. This will separate it from the pastel drawings titled “Russian Dancers” that reside in the collections of the Metropolitan Museum of Art and the Museum of Fine Art Houston.

Legal Anarchy (Short-lived)

Finland has temporarily seized €42 million ($46 million) worth of art owned by Russian museums. Previously on loan in Italy, the movement was in violation of recent EU sanctions against the export of luxury goods to Russia. The confiscation of the art, which is owned by the Russian Federation, has been described as “legal anarchy” by a member of the Russia Foreign Ministry. Finland released art but the message was loud and clear.

Man with a Mission

The Greek collector Dimitris Daskalopoulos has made a newsworthy donation by gifting away a total of 350 paintings to four museums around the world. Following calculated decisions regarding where pieces of his contemporary collection should go, The Greek National Museum of Contemporary Art in Athens, Tate, the Solomon R. Guggenheim Museum, and the Museum of Contemporary Art Chicago will be the recipients. An accomplished collector, Daskalopoulos remarked that: “My collection has completed its mission. It has said what it has to say.”

Rebranding Rembrandt

The Gemäldegalerie of Berlin has announced that a painting previously thought to have been painted by a Govert Flinck, a student of Rembrandt, was actually done by Rembrandt himself. The painting, Landscape with Arched Bridge, was attributed to Rembrandt when the museum acquired it in the 1920s, but scholars in the 1980s reattributed it to Flinck. 


Back Home Again 

The Metropolitan Museum of Art has returned a looted Ancient Greek statue to Libya after an investigation by the Manhattan District Attorney’s Office investigation found that it had been stolen from the ancient port city of Cyrene. Stolen from a UNESCO World Heritage site, the Necropolis of Cyrene, it was smuggled by convicted antiquites trafficker Emile Saad out of Libya and into Egypt. According to the New York Times, investigators have said that when the statue first hit the market, it had “telltale signs of looting such as earth on the surface and new chips at the base and in the veil.”


Artistic Casualties

The Kuindzhi Art Museum in Mariupol, opened in 2010, a museum dedicated to the influential realist artist, Arkhip Kuindzhi, was destroyed by  Russian airstrikes. While the three original works done by Kuindzhi were removed prior to the airstrike, many of the other works are thought to have been destroyed. This is just one of many losses suffered by Ukrainian cultural institutions. See Chatham House updates.

This spring, Center for Art Law brings three hybrid events to the National Arts Club. We hope to see many of you there in person!!
On the Blog

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

Dear Center for Art Law visiter, this content is restricted to our subscribers. We invite you to purchase assess to this content and support our work. Buy Access Already a subscriber? Log in to continue exploring. Need assistance? Contact us for help.

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.


Case Law Corner

O'Neil v. Ratajkowski, No. 19 CIV. 9769 (AT), 2021 WL 4443259 (S.D.N.Y. Sept. 28, 2021

Lee v. POW! Ent., Inc., 468 F. Supp. 3d 1220 (C.D. Cal. 2020), aff'd in part, rev'd in part sub nom. Lee v. Pow Ent., Inc., No. 20-55928, 2021 WL 5768462 (9th Cir. Dec. 6, 2021)

McGucken v. Newsweek LLC, No. 19 CIV. 9617 (KPF), 2022 WL 836786 (S.D.N.Y. Mar. 21, 2022)

Cruz v. Cox Media Grp., LLC, 444 F. Supp. 3d 457 (E.D.N.Y. 2020)

SA Music LLC v. Apple, Inc., No. 3:20-CV-02146-WHO, 2022 WL 836304, at *2 (N.D. Cal. Mar. 21, 2022)

Read the full Case Law Corner
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.
 
More information here...
 
The Orchid Show: Jeff Leatham’s Kaleidoscope
New York Botanical Gardens (NY)
Through May 1, 2022

The dazzling floral creations of Jeff Leatham, famed artistic director of the Four Seasons Hotel George V in Paris and floral designer to the stars, return for The Orchid Show’s 19th year. Leatham’s bold and colorful vision will unfold through captivating installations and designs, transforming the historic Enid A. Haupt Conservatory into a different color experience and visual effect, like the turn of a kaleidoscope.
 
More information here...
 

Kia LaBeija: Prepare My HeartThe Orchid Show: Jeff Leatham’s Kaleidoscope
Fotografiska (NY)
Through May 8, 2022 

A solo exhibition from the interdisciplinary artist Kia LaBeija, who was born in 1990 in New York City. prepare my heart is an autobiographical exhibition about love, loss, and growing up HIV-positive in New York City that features new artwork as well as three decades of archival images, ephemera, poetry, video, and self-portraiture. prepare my heart honors the artist’s late mother (a beloved community leader for parents and children living with HIV) and is titled for the emotional complexity surrounding her mother’s devotion to prepare her for her inevitable death from AIDS.

More information here...
 

Career Opportunities
Covey Law: Immigration Associate
(NY, NY)
Soetheby's: Paralegal (NY, NY; Remote) 
CoveyLaw is is a Brooklyn-based law firm that serves the legal needs of the domestic and international arts, nonprofit, and business communities. We handle immigration, entertainment, nonprofit, and business matters for musicians, actors, dancers, visual artists, record labels, talent agencies, theater companies, and professionals working throughout the creative and tech industries. They are currently seeking an Immigration Associate to join their General Immigration team, a dynamic team of attorneys and paralegals that handle a wide variety of business and family immigration matters.  You can find more information about the position and how to apply HERE
Soetheby's is looking for a paralegl to act as a liaison between all Sotheby’s North American departments and the New York Commercial Legal team with respect to auction matters, sponsorship and event agreements and NDAs, with the primary responsibility of drafting standard agreements and amendments using approved templates and requesting information required for drafting as needed. You can find more information about the position and how to apply HERE. 
Avant-Garde Lawyers: Project Executive
(Remote (Paris))
AGL is looking for a Project Executive to work with them. The Project Executive will support AGL Director and team in planning and overseeing operational activities to ensure projects are completed in a timely fashion, within budget and in line with AGL policies and donor requirements. Read more about how the position and how to apply HERE.
Spotlight: Artistic Freedom Initiative

Artistic Freedom Initiative (AFI) marked a major milestone in our work to safeguard artistic freedom and champion artists at risk, with the release of AFI’s first country-specific human rights report, “Systematic Suppression: Hungary’s Arts and Culture in Crisis”

Created in partnership with UC Berkeley School of Law and The Harriman Institute at Columbia University, Systematic Suppression exposes how Orbán’s administration wields policy to limit free expression, restrict plurality in the arts, and encourage self-censorship among Hungarian artists. 

Grounded in international, regional, and national legal frameworks, this report documents the impact the Orbán administration has had on the arts and culture sector in Hungary. Further, it seeks to strengthen protections for artists and cultural workers through precise, actionable policy recommendations.

In addition, AFI also launched its newest project, the Artistic Freedom Monitor. Driven by their commitments to create meaningful change in the field of artistic freedom and improve conditions for artists in their home countries, the Artistic Freedom Monitor is an ongoing series of country-by-country human rights reports, with a specific focus on freedom of artistic expression. In 2022, Artistic Freedom Monitor is releasing reports on Hungary, Poland, and Russia. 



 
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