March 2022.
Art Law Blast 4.0
PS All puns are intended.
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Daniel Berset, "Broken Chair" and protest against the war in Ukraine, in front of the UN Palace of Nations (Geneva CH).
Dear <<First Name>>, 

We all come from somewhere with our experiences, traditions, heritage, and ideas about justice. Born in Kyiv, I am a Russian-speaking naturalized American, with Jewish and Ukrainian roots. It took me decades to formulate that much of my identity. However, three weeks ago my world shifted, again, and not for the better. The Russian "military operation" in Ukraine was not the end of the Covid pandemic we needed. Yes, we continue living in "unprecedented times" yet we look to precedent and take comfort in predictable, peaceful, productive times.

How can we continue working on Nazi-era looted art when Ukrainian curators are evacuating art collections right now for fear of destruction? How can we fundraise for art law if there are so many urgent humanitarian needs and causes competing for each moment and each penny? How can we care about Board Ape theft and suit, when hundreds of thousands (now millions) of refugees are looking for help and a nuclear threat is alive again?

How you ask? Because art has the power to cheer up and make life worth living. 

Assuming there are going to be future Art Law Blasts, I want to thank all of you for doing what you can to: help protect freedom of speech, create protest art, preserve cultural heritage at risk, and give to humanitarian causes. As we live and witness the worst of human nature, we are also seeing the best of humanity as countless volunteers collect and distribute aid, and as corporations contribute to the Ukrainian Red Cross Society and others in need. Countless artists (and kids, and non-artists) have organized exhibitions and auctions with proceeds going to the recovery of the second-largest country in Europe, at the fault line between superpowers. One example of the cultural preservation efforts taking place has been fostered by SUCHO, an initiative that sprung up to collect and archive digital resources about Ukrainian cultural heritage.

Art law, if nothing else, attracts optimists. Things can get a lot worse but in the end, everything will be fine. Even if everything is not fine, it's not the end. 
Sincerely,

Irina Tarsis
Founder and Managing Director
On Our Calendar

INT'L CONFERENCE Looted Art Conference (Venice, Italy)
March 25, 2022 4:00 AM EST
Online

The objective of the conference is to raise awareness of the subject of Nazi-looted art in Italy, emphasizing the urgent need of provenance research in Italian art collections and offering practical solutions to those who in the years from 1933 to the mid 1990’s might have inadvertently acquired artworks stolen by the Nazis or forcibly sold during the Nazi era. International experts from practice and science will give insights into how the art market, museums, heirs of victims of the Nazi regime and private collectors in possession of Nazi-looted art have addressed the topic and will discuss the current state of affairs in Italy. The event is both in-person and virtual. More information and tickets available here:

Register here.  


INSTITUTE OF ART & LAW Heritage and Sustainability: Legal Issues in Protecting Cultural and Natural Heritage for Future Generations

 March 29, 2022 7:00 AM EST
Online

 
Heritage and Sustainability: Legal issues in protecting cultural and natural heritage for future generations will discuss sustainability and the historic environment from a variety of angles and jurisdictions (England, Spain, Italy, the Middle East, Australia, as well as internationally).

Register and find more information here.  


CENTER FOR ART LAW Clinic: Estate Planning For Artists 
March 30, 2022 5:30PM EST
Online 


Calling all visual artists: join the Center for Art Law's Artist Legacy and Estate Planning Clinic for an evening of low-cost consultations with attorneys, tax experts, and other arts professionals with experience in estate and legacy planning.

After a Keynote Address presented by Ralph Lerner on Taxes and Estate Planning, each participating artist will be paired with a Volunteer Professional for a confidential 20-min discussion. Come for the Keynote and stay for the clinic; separate tickets for Keynote are available.

Register Here.  

CENTER FOR ART LAW Workshop on Licensing and Negotiation
April 7, 2022, 12:00 PM EST
Online


Licensing arrangements can provide artists with a great opportunity for passive revenue, allowing you to commercialize your art on your terms. While license discussions may begin based on commonly used terms, every license negotiation is bespoke due to the uniqueness of the work of art and proposed use for such art. There are fundamental provisions that all license agreements should contain, as well as pitfalls for the unwary. Join the Center for Art Law along with Catlan McCurdy, Esq. in a presentation that will cover a bit of both in an effort to make you a more informed licensor.

Register Here.  


CENTER FOR ART LAW Art Law Lunch Talk: Museums and Deaccessioning 
April 7, 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 Duepi, Director of the Lowe Art Museum, U. of Miami, Katie Wilson-Milne, Partner at Schindler Cohen & Hochman LLP, and Irina Tarsis, Director of Legal Affairs, Artists Rights Society.

Register Here.  

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

Sharing Shevchenko
An immersive exhibit highlighting the work of Ukrainian artist Taras Shevchenko is set to visit six North American cities. Alongside highlighting Ukrainian culture, the organizer of the exhibit, Lighthouse Immersive, is using these displays as a fundraising opportunity for the Red Cross and National Bank of Ukraine Fund. The exhibit, which made its debut in Odessa, Ukraine last year, was visited by President Volodymyr Zelensky.
 

Alexandria in Ukraine
The Museum of Local History in Ivankiv, Ukraine was burnt down after being set ablaze by invading Russian forces. Among the lost art are 25 works by Maria Prymachenko, a Ukrainian folk artist who rose to fame in the mid 20th century. These lost works represented the entirety of the museum’s Prymachenko collection.
 

The Duel
France, Spain, Austria, and the U.K. withdrew their loans to Russia’s Kremlin Museum following the attacks of Russia on Ukraine. The exhibit, called “The Duel: From Trial by Combat to a Noble Crime,” was expected to run March through June but after being postponed by the Kremlin Museum, loaning museums were offered an opportunity to rescind their contribution. It is expected that some of these paintings, such as those lent by France, will be kept at their respective embassy until it is safer for them to be transported.

It’s not me, It's You
The Amsterdam Hermitage Museum, a satellite museum of St. Petersburg’s State Hermitage Museum, has announced its decision to end this nearly 20 decade long collaboration. The Dutch Hermitage stated that it could not remain politically neutral while Russia invades Ukraine, but that it would be open to continuing the partnership in the future if Russia changes.

Exploring the NFT Museum Space
Quantus Gallery, Europe’s first NFT advisory, will open on March 23rd in East London. While NFT exhibits have been featured at other galleries, it will be the first to exclusively exhibit NFTs and additionally help educate collectors about this space along with spotting scams that tend to dominate the crypto sphere. Apart from displaying NFTs that are for purchase, Quantus has plans to incorporate “interactive elements'' that will further blend the digital and physical world.

Rifting over Richter
Gerard Richter’s Dusenjager, a 1963 painting of a fighter jet, has been the center of a longstanding legal disagreement between Phillips and art collector Zhang Chang. This year in February, the New York State Supreme Court upheld a July 2021 decision that dismissed Zhang’s claims that the auction house had breached the terms of its contract and “unjustly enriched itself” by requiring payment of a $2.6m buyer’s premium.
 

Scrubbing the Sackler Name
As part of a court decision relating to their involvement in the opioid crisis, the Sackler Family will allow any U.S. museums to scrub the family’s name from their properties.  The decision comes as a result of a settlement reached with nine state attorney generals and the District of Columbia. The Metropolitan Museum of Art and the Serpentine Gallery in London have already taken advantage of the ruling, with both institutions removing the name from their respective Sackler Galleries.

Reaching Restitution
The Royal Museum of Central Africa, also known as Africa Museum, has begun a significant repatriation process by sharing a list of 84,000 artifacts with the Democratic Republic of Congo. A joint research committee will look into the provenances of these objects to determine whether or not they were illegally acquired by the museum, which was created to display King Leopold II’s personal collection. This process is the museum’s latest attempt to acknowledge the role the museum has had in perpetuating colonial narratives. 

Super-Fraud
The office of U.S. Attorney Audrey Strauss indicted an alleged conspirator of fraudster art dealer Inigo Philbrick, Robert Newland, a sales director at experimental art company Superblue. Newland faces charges of wire fraud and conspiracy to commit it in order to finance a co-conspirator’s business. Having plead guilty in November of 2021, Philbrick now awaits sentencing. Reportedly he plans to turn in over $87.6m in blue-chip paintings linked to his fraudulent activity. 

Getty Paid
The J. Paul Getty is suing Allianz Global Investors for reckless mismanagement of their investment fund. The trust claims that 97% of their investment was lost due to structural changes made without their awareness. Other investors, such as New York’s Metropolitan Transportation Agency, have also filed lawsuits. Allianz is expected to pay out a settlement of over $4 billion.

Pandora’s Block
A recent report by Interpol shows that over 9,000 cultural artifacts were seized by law enforcement between June and September of 2021. A part of Operation Pandora, the seizures come after an international crackdown on the trafficking of cultural artifacts such as coins, sculptures, paintings and more. 52 arrests were also made in connection to the seizures, adding up to 407 arrests since 2016.
 

M.I.A. at the MIA 
A court decision in Torre Annunziata has ruled that the Minneapolis Institute of Art (MIA) must restitute an ancient Greek statue. According to an investigation by the Carabinieri of the Naples Cultural Heritage Protection Unit, the Torre Annunziata Group’s investigative unit, and the Public Prosecutor’s Office, the statue was illegally removed from Italy before entering private collections and later, the collection of the MIA. The MIA is awaiting communication from Italian authorities before taking further action.
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 or online!
On the Blog

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: Credit: 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.


Case Law Corner

Berg v. Kingdom of Netherlands, 24 F.4th 987 (4th Cir. 2022) (Filed 11/19/2018)

Artemus USA LLC v. Leila Taghinia-Milani Inc., 201 A.D.3d 456, 156 N.Y.S.3d 846 (2022) (Filed 2/19/2020)

Zahedi v. Miramax, LLC, No. CV 20-4512-DMG (EX), 2021 WL 4497211 (C.D. Cal. Jan. 7, 2021)

Hosp. Int'l, Inc. v. Lake Erie Lodge, Inc., No. CV 21-305, 2022 WL 267364, at *1 (W.D. Pa. Jan. 27, 2022)

Johannsongs-Publ'g, Ltd. v. Lovland, No. 20-55552, 2021 WL 5564626 (9th Cir. Nov. 29, 2021)

Gayle v. Allee, No. 18 CIV. 3774 (JPC), 2021 WL 120063, at *1 (S.D.N.Y. Jan. 13, 2021)

Read the full Case Law Corner
See Art, Think Art Law (TM)
Exhibitions and Events on Our Radar

Obsessions & Confessions by Kristin Simmons
Bergdorf Goodman (NY)
Through March 20, 2022


Bergdorf Goodman’s 2022 artist exhibitor Kristin Simmons is bringing a colorful installation to the retailer’s Fifth Avenue flagship. Starting Thursday through March 20, the New York-based artist will welcome visitors to her interactive exhibition, “Obsessions and Confessions,” spanning the store’s seventh floor. Obsessions & Confessions’ juxtaposes cultural symbols of success, status, power and pleasure with underlying societal critiques. Original works on view are available to purchase for $3,000 to $60,000, and for $2 visitors can play the claw game for a chance to win one of Simmons’ works. A portion of proceeds from the exhibition will benefit Free Arts NYC, a nonprofit that provides arts mentorship for underserved youth across New York City.
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.
 
Career Opportunities
Avant-Garde Lawyers: Project Executive
(Remote (Paris))
Adobe: Legal Counsel
(San Jose, CA)
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.
Adobe is looking for a hardworking, positive, and high-energy lawyer to support product and business teams within Creative Cloud. You will work closely with product management, engineering, business strategy, and marketing teams, as well as colleagues in Legal, to provide counseling on a range of legal topics while managing legal and brand/reputational risk. Apply HERE.
Kavi Gupta: Gallery Coordinator & Coordinator for the Owner
(Chicago, IL)
Kavi Gupta: Coordinator for Client and Artist Relations 
(Chicago, IL) 
Kavi Gupta is hiring a Gallery Coordinator to Provide Direct support to Kavi Gupta, Owner, and Aryn Foland, Associate Director of Client relations. You can find more information about the position and how to apply HERE
Kavi Gupta is hiring a Gallery Coordinator for Client and Artist Relations to, among other tasks, provide direct support to Kavi Gupta, Owner, and Aryn Foland, Associate Director of Client relations. You can find more information about the position and how to apply HERE. 
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