Treating you to Art Law Blasts since 2010.
 
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This month, we are celebrating 5 years of art law blasts. Next month...
Back to the Future (by 1 hour). Daylight Saving Time ends  Nov 1, 2015.
What's New:
  
Good start: Thank you to all at the AC Institute for hosting our inaugural 2015/2016 art law mixer season. Special thanks to Judith Prowda for being our guest speaker.

Trick or treat? 
In an attempt to release himself from the bondages of money--and capitalism more generally--artist and student Brooke Purvis has made plans to burn his student loan money as part of his art project “Everything Burns.” Purvis’ project comes as a response to the crippling debt students (and others) must take on in their attempt to move up the economic ladder. His project is receiving mixed reactions, however. While some agree with his bold move, others would like to see the money given to charity.

Send US your antiquities: The American Alliance of Museum Directors has stepped in to assist with the rampant looting of antiquities from which the Islamic State profits. Early this month the US-based organization issued Protocols for Safe Havens for Works of Cultural Significance from Countries in Crisis as a means of offering “safe havens to works in danger of being destroyed or looted as a result of war, terrorism or natural disasters.” While the Protocols are by no means a solution to the larger problem, they are but one of many steps being taken by the international art and museum community to mitigate the destruction of cultural heritage by the Islamic State and other groups who profit from the current conflicts in the Middle East. Other initiatives include the £3 million granted by the Department of Culture, Media and Sport that will allow the British Museum to work with heritage professionals in Iraq to set up an Emergency Heritage Management Programme.

Art genes: Based on recent headlines, one might think forgery is the art world’s most lucrative business at present. But fear not, professionals are banding together to reach solutions, evidenced by the number of publications, conferences, and technological innovations created in response to this illicit industry. This past summer professionals gathered to discuss fakes and forgeries at NYU’s Art Crime and Cultural Heritage Symposium, and this December Center for Art Law is co-presenting another conference where professionals can delve deeper into issues of authentication and attribution including technical art history, expertise, connoisseurship, and the law. But despite the gathering of experts and the numerous tools available to spot forgeries, authentication remains a fraught profession. Recognizing this, scientist Martin Tenniswood is developing technology to imprint bioengineered DNA onto paintings.
ART LAW MIXERS 

November 5, 2015 -- Doyle Auction House
(175 E 87th St., NYC, NY) 
 
December 10, 2015 -- Minus Space
(16 Main St., Brooklyn, NY)
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So much to do, so little time. To help you plan your art law calendar, check out the full listing of and upcoming events on our radar.
 
Oct. 28 - Nov. 1, 2015 -- Counterfeits and Fakes: the Authenticity Dilemma (Union Internationale des Avocats 59th Congress, Palacio de Congresos de Valencia)

If in Spain, international union of attorneys will explore key questions related to authenticity and misattribution of works of art. What is authentic and what is a fake? Who has the right to determine authenticity? Should authenticity be addressed differently for old masters and modern/contemporary art? Everyone wants to know.
more here...
 
*Nov. 3, 2015 -- Art Law: Authentication, Past and Present (City Bar Centre for CLE) 6pm - 8pm
 
Panel of NY experts explores the history of art forgery cases, including the recent case involving the Knoedler Gallery. This program is intended for practitioners of art law, trust and estate law, and other art industry professionals.
*Nov. 5, 2015 -- Fine Art Law Mixer (Doyle New York, NYC, NY) 5:30PM - 7:30 PM

Join us as Judith Wallace, art law attorney, walks us through the particulars of the N.Y. Arts and Cultural Affairs Law that governs merchants and transactions involving non-unique works of art, as well as a special guided tour of the Doyle’s current Post-War and Contemporary Art exhibition and much more.

 
*Nov. 17, 2015 -- Food for Thought: Street Art and Celebrity Chefs (Dorsey & Whitney LLP) 3:00PM - 7:00 PM

Explore current legal issues in the production, commoditization, and marketing of street art, and hear about legal issues in the creation of restaurants or other food-related enterprises, including brand licensing. 

more here...

*Nov. 30, 2015 -- 6th Annual James Beck Memorial Lecture (Society of Antiquaries of London, London, UK)

Prof. Elizabeth Simpson will present on "King Midas's Furniture: A Tale of Archeological Conservation."
*Dec. 1, 2015 -- Art, Law and Crisis of Connoisseurship (The Society of Antiquaries of London, London, UK)  

Connoisseurship may be defined as expertise in art in the very narrowest of senses; surprisingly, however, it is also a definition in which many different disciplines intersect. London based or bound are invited to attend this one-day int'l conference co-organized by Center for Art Law, ArtWatch UK and London School of Economics. Early Bird Registration ends November 15, 2015.

NOTE: These *  events are appearing in the Newsletter for the first time.
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  • Yale University v. Konowaloff, (2nd Cir. Oct. 20, 2015) aff'ing 5 F.Supp.3d 237 (2014) -- The Court of Appeals  upheld the 2014 ruling to dismiss the claim by a French citizen, Pierre Konowaloff, against Yale University challenging ownership rights in Van Gogh's "The Night Cafe." The artwork in dispute belonged to Konowaloff's great-grandfather, Ivan Morozov, whose art collection was nationalized by the Soviet authorities following the 1917 Bolshevik Revolution. At least two work from the Morozov collection had been sold to American collectors in the 1930s.
  • Authors Guild v. Google Inc., 13-4829-cv (2nd Cir. Oct. 16 ,2015) aff'ing 770 F. Supp. 2d 666 (S.D.N.Y. 2011) --  Circuit Judges, including Pierre N. Leval, who coined the term "transformative use" in 1990, ruled that the Google book scanning project was permissible under the fair use exception to the 17 U.S.C. Copyright Law. Court held that the Google Book project does not serve as a market substitute to the original works. On the contrary, it augments public knowledge about Plaintiff's books without providing the public with a substantial substitute for matter protected under the law. IT
  • Crawford v. Weider Health and Fitness, 2015 WL 6447396 (NY Sup. Oct. 22, 2015) - Gray Crawford, former owner of the defunct Kundus Gallery in San Francisco, has filed suit in New York Supreme Court for the return of a 500+ year old Buddha statue. Crawford alleges that he bought the piece from a London dealer in 1975 for $10,000 and had it stolen from him in 1983. He was unable to find the Buddha until August when it appeared in the highlights of an upcoming Sotheby's auction. Sotheby's agreed to pull the work from the auction but returned it to Weider Health and Fitness, a California-based company who claims ownership of the work and consigned it to Sotheby's for sale. DCM
  • U.S. v. Brugnara, 2015 WL 5915567 (N.D. Cal. 2015) -- Real estate mogul Luke Brugnara was sentenced to seven years in federal prison following May convictions of wire and mail fraud, escape, contempt and making false statements in court. Brugnara, who represented himself at trial, never paid an art dealer for a bronze Edgar Degas sculpture shipped to him in 2014, claiming both that it was a gift and that it was stolen by the deliverymen. Brugnara's post-trial attorney argued that he was never competent to stand trial because of untreated bipolar disorder, delusions and narcissism. The court denied the request for a competency hearing and reasoned that he would probably not submit to a court ordered treatment plan anyway. DCA.
 Publications
For a full list of books and articles featured previously, please visit our Publications page.
 
Jehane Ragai, The Scientist and the Forger (2015) -  Professor of Chemistry at the American University in Cairo, Jehane Ragai, tells the story of multiple art forgeries and frauds, including the infamous Chagall painting that met its demise in the hands of French experts and 32 fake Jackson Pollocks. This book deals with very recent cases to discuss the intersection of forensic science and the art world. Not only does the author present us with a straightforward understanding of the science of art authentication, she also delves into the psychology of art forgers and victims of art forgery.
 

Alison Young, Street Art, Public City: Law, Crime and the Urban Imagination (2014) -  Since the late 1990s, a distinctive cultural practice has emerged in many cities: street art, involving the placement of unsolicited artworks in public places. Sometimes regarded as a variant of graffiti, sometimes called a new art movement, its practitioners engage in illicit activities while at the same time the resulting artworks can command high prices at auction and have become collectable aesthetic commodities. Such paradoxical responses show that street art challenges conventional understandings of culture, law, crime and art.


Jean-Marc Dreyfus, Le Catalogue Goering (2015) -  The complete catalogue of Hermann Goering's collection of art is included in this publication. The catalogue lists around 1400 stolen works, from Botticelli and Dürer to Renoir and Monet, along with 250 sculptures and 168 tapestries. It is hoped the publication will aid restitution efforts.


Jonathan Petropoulos, Artists Under Hitler: Collaboration and Survival in Nazi Germany (2014) -  Artists Under Hitler closely examines cases of artists who failed in their attempts to find accommodation with the Nazi regime (Walter Gropius, Paul Hindemith, Gottfried Benn, Ernst Barlach, Emil Nolde) as well as others whose desire for official acceptance was realized (Richard Strauss, Gustaf Gründgens, Leni Riefenstahl, Arno Breker, Albert Speer).  Collectively these ten figures illuminate the complex cultural history of Nazi Germany, while individually they provide haunting portraits of people facing excruciating choices and grave moral questions.
 

Suzanne Hudson, Painting Now (2015) - In Painting Now, renowned critic and art historian Suzanne Hudson offers an intelligent and original survey of contemporary painting—a critical snapshot that brings together more than 200 artists from around the world whose work is defining the ideas and aesthetics that characterize the painting of our time. Hudson’s rigorous inquiry takes shape through the analysis of a range of internationally renowned painters, alongside reproductions of their key works to illustrate the concepts being discussed. These luminaries include Franz Ackermann, Michaël Borremans, Chuck Close, Angela de la Cruz, Subodh Gupta, Julie Mehretu, Vik Muniz, Takashi Murakami, Elizabeth Peyton, Wilhelm Sasnal, Luc Tuymans, Zhang Xiaogang, and many others.
EMPLOYMENT OPPORTUNITIES
 

Assistant or Associate General Counsel (Solomon R. Guggenheim Foundation)

The Solomon R. Guggenheim Foundation is seeking an Assistant or Associate General Counsel (job title dependent on level of experience). The Assistant or Associate General Counsel will report to the Deputy Director, General Counsel and Assistant Secretary, and will be a member of a small in-house legal team. Candidates should be able to work independently or with limited supervision in a variety of subject areas, including non-profit governance, contract, trademark, copyright, employment, tax, sponsorship and charitable contribution and real estate law. 

Founded in1937, the Solomon R. Guggenheim Foundation is dedicated to promoting the 
understaning and appreciation of art, primarily of the modern and contemporary periods, through exhibitions, education programs, research initiatives, and  publications. The Guggenheim network that began in the 1970s when the Solomon R. Guggenheim Museum, New York, was joined by the Peggy Guggenheim Collection, Venice, has since expanded to include the Guggenheim Museum Bilbao (opened 1997) and the Guggenheim Abu Dhabi (currently in development). Looking to the future, the Guggenheim Foundation continues to forge international collaborations that take contemporary art, architecture, and design beyond the walls of the museum. More information about the foundation can be found at guggenheim.org.

Supervisory Responsibilities: There are no direct reports associated with this position, but there may be occasional oversight of interns.

Key Responsibilities: 
  • Negotiate and draft agreements in a variety of areas including any combination of exhibitions, public programming, new initiatives, acquisitions, sponsorships, special events, licensing, publishing, real estate and leases, consulting, construction and facility maintenance. 
  • Provide legal support to departments throughout the Foundation and Museum, including by assisting in structuring initiatives and projects, reviewing and drafting documents, identifying and mitigating intellectual property, tax and other legal risks, and ensuring compliance with internal policies and procedures.
  • Provide legal support for litigation, disputes, audits and trademark infringement matters.
  • Assist in designing, drafting, implementing and monitoring compliance with Guggenheim policies relating to conflict of interests, employee and human resources matters, finance, collections management, social media and ethics, as well as compliance with applicable laws, regulations and the ethical guidelines of the museum community.
  • Participate as needed in advocacy on policy matters for the museum community, which may include cooperation with other museums and museum associations, participation in litigation that may affect the museum community, and lobbying; monitor compliance with lobbying regulations and registration requirements.
  • Assist in preparing materials for the Board and Board Committees, including resolutions, by-law amendments, committee charters, and minutes. 
Qualifications and Requirements: 
  • A law degree from an accredited institution
  • Admitted to practice law in New York State
  • A minimum of four to eight years experience practicing law
  • Excellent analytical, drafting, negotiation and oral and written communication skills
  • Ability to work collaboratively, as part of a small legal team and colleagues outside of the Legal Department
  • Familiarity with trademark and copyright law would be a plus
The Guggenheim offers a competitive salary and excellent medical, dental, life, disability, and retirement plan coverage. Salary and job title will be based on level of experience. Our staff also enjoys generous vacation, sick leave and personal days, access to a variety of cultural institutions, discounts to museum stores, and a stimulating and collegial work environment. 

Qualified applicants please send your resume and cover letter, including salary expectations, as well as a 2-3 page writing sample to employment@guggenheim.org. Indicate the job title "Assistant/Associate General Counsel" in the subject line.

The Solomon R. Guggenheim Foundation is an equal opportunity employer.

 
Headlines
 
Excerpts:

Trailblazing in the 21st century? A Brief Summary of Poland’s Restitution Efforts for Holocaust Looted Artwork

By Adir Paner* Situated in the center of the theatre of war during World War II (the “War”), Poland’s wartime losses of cultural goods were vast and, at the same time, exceptionally difficult to assess accurately because many of the original records were removed or intentionally destroyed by the German occupiers or Soviet troops. For…Read more Trailblazing in the 21st century? A Brief Summary of Poland’s Restitution Efforts for Holocaust Looted Artwork
Read on »

Art Price Indices: Op Ed

Note from the editors: The subject of art investment and art as an alternative asset is of great interest to the regulators creators and collectors. Center for Art Law has published writing on related subjects before and we are delighted to be bringing an opinion on the subject of art indices from a seasoned art…Read more Art Price Indices: Op Ed
Read on »

Case Review: Galin v. Kunitake Hamada (2015), or Legal Storm over “Ice Storm”

By Elizabeth Weber, Esq.* In early September 2015, a former Tennessee news anchor who invested in Andrew Wyeth’s Ice Storm [the Painting] sued a Japanese art dealer in the Southern District of New York over the proceeds from the Painting’s May 2015 sale at Christie’s. The investor, Reed Galin, purchased a one-third interest in Ice Storm…Read more Case Review: Galin v. Kunitake Hamada (2015), or Legal Storm over “Ice Storm”
Read on »

Book Review: “Fair and just solutions?” (2015)

By Adir Paner* Seventy years since the end of World War II, earnest efforts to restitute property, cultural and otherwise seem to be on the rise. In addition to the millions of lives lost, displaced, peoples cobbling to make a living in new homes and new lands, many millions of pieces of property remain lost…Read more Book Review: “Fair and just solutions?” (2015)
Read on »

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