November 2019.
Made in Brooklyn with love.​
Art Law Blast 2.0.
PS All puns are intended.
The Door to Art Law
Dear <<First Name>>,

November is a good month for retrospection. As TEFAF New York closes its doors, we look back at all the events we attended last month: from successfully wrapping up two series of Art & Law Workshops, to attending art and print fairs and conferences (including the Annual Kernochan Center Symposium at Columbia Law School, Hot Topics in Art Law at the New York City Bar Association, Art Law and Philanthropy in Geneva and the 11th Art Litigation and Dispute Resolution Practice at the New York County Lawyers Association), October has surely been a busy month. 

As we look forward to more gatherings, we want to thank one of our Directors, Masha Rasner, for holding a successful Facebook fundraiser on our behalf. We need continued support from people like Masha and from readers like you, <<First Name>>, to carry on sharing art law worldwide. By becoming a Member (to get access to all our articles and case summaries) or by making a tax-deductible contribution, you will allow us to remain the door to art law. 
 
We are counting on you! 


Louise Carron
Executive Director
Become a Member
On Our Agenda

Art Law Day 2019 (CLE)
November 8, 2019
Benjamin N. Cardozo School of Law (NY)
More information here >>

NEW Fall 2019 Business of Art Observed
November 12, 2019
Roosevelt Hotel (NY)
More information here >>

NEW Screening: "Driven to Abstraction" (2019)
November 13, 2019
NSU Art Museum (Fort Lauderdale, FL)
More information here >>

NEW Art Market Day 2019
November 18, 2019
Grand Palais (Paris, France)
More information here >>

NEW Consignment Agreements and the Artist/Gallery Relationship
November 22, 2019
Volunteer Lawyers for the Arts (NY)
More information here >>

Full Calendar
Art Law Digest

Machiavelli by Da Vinci? An unsigned portrait, after lying largely unnoticed in the collection of a historic chateau in central France for decades, has piqued the interest of historians who believe its subject may be Niccolò Machiavelli and the artist who painted it may have been Leonardo da Vinci.

Project Reset. A new Brooklyn program Project Reset allows lawbreakers of minor nonviolent offenses to waive court appearance by taking art classes. The purpose of this project is “to promote human dignity” by transforming “low-level arrests into meaningful opportunities for justice-involved individuals to improve their lives and avoid future arrests and entanglement with our justice system.”

Dealer Arrested. The prominent German dealer Michael Schultz was arrested on suspicion that he may have been selling counterfeit artworks for high prices.

Forensic Photography. The British photographer Jack Latham created Sugar Paper Theories, an exhibition of “forensic photography” that revisits Iceland’s most notorious murders dating to 1974. As a criminal investigation reopened during the exhibition, Latham will publish an expanded second edition incorporating new developments of the case.

One Step Closer. The U.S. House of Representatives passed HR 2514, a/k/a the Coordinating Oversight, Upgrading and Innovating Technology, and Examiner Reform Act, a/k/a the Counter Act, which intends to reform anti-money laundering laws to include art market transactions. Dealers would be required to report transactions exceeding $15,000, which many fear is an "unnecessary burden."

Fire Bystander. Wildfires may be raging in Sonoma, California, but the Getty Museum is not worried about the art collection, as the building being fire-proof. A lesson for art collectors out there...

Banksy’s GDP. Banksy took action against the unauthorized copying of his work. Not a legal action this time, though: Banksy recently opened "Gross Domestic Product," an online store where people can buy items inspired by his work. This new venture is the result of a greeting card company pointing to Banksy’s unused trademark but this shop now shows that he uses his trademark in connection with the sale of goods. 

Monuments Men. The Pentagon announced a new initiative, in partnership with the Smithsonian Institution, to support US military personnel working to protect cultural property during armed conflicts. The next generation of Monuments Men will focus on the Middle East.

We'll Take 'em. With more than 1.7 million funerary objects and more than 67,000 human remains being returned since a 1990 law took effect, Richard M. Begay, director of the Navajo Nation Historic Preservation Department, urges that people to continue to return artifacts to tribes whenever there is uncertainty regarding their origins.

5Pointz Towers. While the 5Pointz case is currently on appeal before the Second Circuit, a Queens community board reversed its opposition to a new proposal for "5Pointz Towers," a luxury complex planned at the site of the famous former Long Island City graffiti art mecca, partly because the developer proposed to set aside 5,000 square feet for a library. 

Crack is Back. After being hidden for four years due to adjacent construction, Keith Haring's East Harlem mural "Crack is Wack" was refurbished and repainted by two commissioned artists and is now back on view

Help Desk. With the imminent opening of the Humboldt Forum, which includes over 50,000 artifacts removed from Africa during the colonial era, German states will establish a help desk to handle artifacts acquired during the colonial era.

Kitchen Art. A medieval painting hung in an elderly Frenchwoman's kitchen for years before being recognized as a work by the Italian artist Cimabue. It was recently auctioned in France for $26.8 million.

Golden Age in the Gulf. With the plethora of expensively-designed museums that have been opened in recent years in the Gulf, Saudi Arabia is to build a modern art museum, joining the Gulf’s culture race on the international stage.

Dali Stolen. A brazen thief stole a Salvador Dali etching valued at $20,000 from a San Francisco gallery. The surveillance video from another business showed the man strolling down the street with the artwork in his hand.

Another Rembrandt Painting. A newly discovered biblical painting by Rembrandt is to be shown in the Ashmolean Museum in Oxford in the UK for the first time, as part of the largest ever exhibition exploring the artist's early years.

More on Climate Change. The World Monuments Fund's list of cultural heritage sites threatened by climate change was released at the end of November and includes Notre-Dame Cathedral in Paris, the Machu Pichu, and Bears Ears––the latter of which is also at the heart of a legal battle in the U.S. Read our case review.

Remove the Trustee. Protesters call for the removal of MOMA trustee Steven Tananbaum, who benefited from the Puerto Rican debt crisis, although he is not the only trustee with financial interests in the island.

Dream Jobs
Provenance Specialist 
Museum of Modern Art (NY)
More info…
Research Associate 
The University of Bonn (Germany)
More info…
 
Senior Associate 
Luque Law (NY)
More info…
Case Law Corner

The Case Law Corner is only accessible to Members:
sign-in or become a member to read the full summaries.
Read the full Case Law Corner
The Art Market Day 
18 November 2019 | Grand Palais, Paris
Organized by Le Quotidien de l’Art, the conference will bring together hundreds of art market professionals and boast more than 30 speakers from across the market and continents who will cover a selection of the hot topics for today’s art market. 
There is a special rate for the ART LAW community:

use the promo code ARTLAW for a discounted rate of 175€ (instead of 250€)

RSVP and see you in Paris!
Interesting Finds

Support a Film on Courtroom Illustrations


Planet Side Productions is seeking funding to produce the short film The Illustrated Courtroom: From Manson to #MeToo, presenting a first-hand account of dramatic moments inside the courtroom through illustrations and revealing how a courtroom artist finds beauty in the intricacies of their subjects. More information here.

Call for Papers


  • The Seminar for History of Collecting and Art Market (Paris) invites applications for papers on topics related to collecting art and art markets. More information here.
  • The Victoria and Albert Museum (London) seeks contributions to an international workshop on Jewish dealers and the European Art Market, 1850-1930. More information here.
  • Art Markets without Borders - artists, networks, demand, value, a conference convened by the Art Market Studies Research Project at the University of Melbourne, calls for papers to be presented at the symposium. More information here.


Scholarship Opportunity for All Law Students


The Entertainment, Arts & Sports Law Section of the New York State Bar Association has established the Phil Cowan Memorial Scholarship, offering up to two awards of $2,500 each on an annual basis. Candidates must write an original paper on any legal issue of current interest in the area of entertainment, art or sports law to compete for the scholarship. More information here.

Publications

Sabrina Hahn, ABCs of Art (Sky Pony, OCT 2019) ISBN: 9781510749382. With a fun rhyming scheme and large, colorful text, ABCs of Art seeks to inspire children as they learn the alphabet and new words by finding objects in paintings. Available here.

Mary M. Lane, Hitler’s Last Hostages: Looted Art and the Soul of the Third Reich (Public Affairs, Dep. 2019) ISBN: 9781610397377.  A scrupulous account of  Hitler's abiding obsession with art and Germany's cultural patrimony, the book reveals the fate of looted works and tells the definitive story of art in the Third Reich and Germany’s ongoing struggle to right the wrongs of the past. 
Available here.

Penelope Jackson, Females in the Frame: Women, Art, and Crime (Palgrave Macmillan, 2019) ISBN: 978-3-030-20766-3. This book explores the untold history of women, art, and crime. Through a consideration of how we have come to perceive art crime and the gendered language associated with its documentation, this pioneering study questions why women have been left out of the discourse to date and how, by looking specifically at women, we can gain a more complete picture of art crime history. Available here.

Emmanuelle Polack, Le Marché de l'Art Sous l'Occupation (Tallandier, Feb 2019) ISBN: 979-1021020894. Under the German occupation, the art market flourished. Goods are flocking, some of them coming from spoliations of Jewish families. Emmanuelle Polack draws a precise picture of the art market under the Occupation, unfolding an impressive gallery of protagonists - merchants, auctioneers, antique dealers, experts, brokers, buyers, curators. Available here.

Daniel Becker, Annalisa Fischer, Simone Niehoff, Florencia Sannders, and Yola Schmitz, Faking, Forging, Counterfeiting (Transcript-Verlag, Apr 2017) ISBN: 978387637625. Based on the concept of mimesis, this volume illustrates that forgeries are not to be understood as a negative copy or disgraced ripoff of an original but as an autonomous aesthetic practice, a creative act in itself. The contributions focus on such different implementations as faked traditions, pseudotranslations, imposters, identity theft, and hoaxes in different arts and historic contexts. Available here.

Jane Milosch and Nick Pearce, Collecting and Provenance: A Multidisciplinary Approach (Rowman & Littlefield Publishers, Inc., Oct 2019) ISBN: 9781538127575. To promote the study of the history of collecting and collections in all their variety through the lens of provenance and explore the subject as a cross-disciplinary activity, this book draws on expertise ranging from art history and anthropology, to natural history and law, looking at periods from antiquity through the 18th century and the Holocaust era to the present, and materials from Europe and the Americas to China and the Pacific. Available here.

More Art Law Books
On the Blog

Book Review: “Art and Modern Copyright” (2018)
By Sophie Chung. Pulitzer-winning novelist Pearl S. Buck once said, “If you want to understand today, you have to search yesterday.” Dr. Elena Cooper’s new book Art and Modern Copyright: The Contested Image (Cambridge University Press, 2019) presents a smart way to understand intellectual property today by studying yesterday. The book examines narratives of copyright […] 

Good Art, Ugly Divorce
By Sophie Chung. In 2019, billionaire Harry Macklowe’s “ugly divorce” put the spotlight on his $700 million art collection and raised the issue of dividing it.[1] In March, Macklowe hung two 42-foot-high photographic prints of him and his new wife, Patricia Landeau, on one of his buildings on Park Avenue where Linda Macklowe was supposed […] 

Book Review: “Females in the Frame: Women, Art, and Crime” (2019)
By Yuchen Xie. “I know of no notable female forgers in the history of forgery.” Noah Charney, The Art of Forgery: The Minds, Motives and Methods of Master Forgers (2015) “There is no doubting that women have been actively involved in art crime.” Penelope Jackson, Females in the Frame: Women, Art, and Crime (2019) A […] 

Art and Restorative Justice: Transformative Healing Through Expression
By Madhulika Murali. As of 2019, 5% of the world’s population resides on the territory of the United States.[1] However, the US prison population makes up 25% of the world’s prison population, with the country assuming the leader position in global incarceration rates.[2] Since the 1970s, incarceration in America has increased by 700%.[3] It is […] 

Book Review: “Art Law and the Business of Art” (2019)
By Angela Dimery. Having practiced in multinational law firms in London, before crossing over into the art business as General Counsel at Christie’s London for two decades, Martin Wilson, the now Chief General Counsel at Phillips auction house in London, saw art law go from an unknown concept to a recognized legal field.* A handshake […] 

The “Artist Visa”: Immigration Law Primer and Artists’ Perspectives
By Yuchen Xie. On January 30th, 2020, the Center for Art law will launch its Visual Artists’ Immigration Clinic. Since our 2017 discussion on the issues of art and immigration law at the Georges Bergès Gallery, recent regulations have renewed interest in the topic. The following is an introduction of immigration law, taking into account […] 

It’s So Visual! Radio Ruscha
By Irina Tarsis. I’d sit alone and watch … ~ Queen, “Radio Ga Ga” (1984)[1] Have you heard “Yes, we have no bananas today”? It was a big hit back in the day. And did you know that the invention of radio is credited to an Italian inventor, Guglielmo Marconi? One Italian invented radio and […] 

Shaping History: Monument-Toppling, Racial Justice and the Law
By Madhulika Murali. Two years after the 2017 “Unite the Right” white supremacist rally in Charlottesville, including the terror killing of counter-protestor Heather Heyer, the culprit confederate statues of Robert E. Lee (Henry Shrady and Leo Lentelli, 1924) and Thomas “Stonewall” Jackson (Charles Keck, 1921) (the “Statues”) have been allowed to stay in situ. A […] 

WYWH: Fall 2019 Art Law Events
By Angela Dimery and Louise Carron. New York is the reigning capital of art law, and this Fall confirmed that there are many places to be and much art to see. The three events below, which have become regular fixtures on the calendars of legal practitioners, reflect the richness of topics and the range of […] 

Fractionalized Art Ownership and Securities Law
By Sophie Chung. In 2018, investors who put money into art saw an average gain of 10.6% according to the Wall Street Journal based on Art Market Research’s Art 100 Index.[1] While the numbers are attractive, entering the art market that is less volatile and speculative may be infeasible. Buying a blue-chip art that can […] 

Case Review: The Mayor Gallery v. Agnes Martin Catalogue Raisonné
By Yuchen Xie. The Case: The Mayor Gallery Ltd. v. The Agnes Martin Catalogue Raisonné LLC et al., No. 655489/2016 (N.Y. Sup. Ct. 2019). The authenticity of an artwork is essential to its value in the art market. If a work once attributed to a renowned artist is subsequently deemed inauthentic, its market value plummets […] 
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Newsletter created and edited by:
Louise Carron, Irina Tarsis, Tess Bonoli, Madhulika Murali, Sophie Chung, and Yuchen Xie. 
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