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Jan. 28, 2014 -- Copyright Fair Use Across the Media (EASL/NYSBA, New York City, NY; Hilton Midtown) 1 PM - 3 PM
Fine art, publishing,  motion pictures and television are all governed by the same legal precepts, but how copyright fair use is applied in practice in each of them can be very different.   The norms and concerns are shaped, in part by different financing and insurance requirements, as well as different levels of risk tolerance.  We will cover the basic concepts, and then compare and contrast the application across the media.

NOTE: Events with a * next to the date are appearing in the Newsletter for the first time.
Publications:*
  • Melanie Gerlis, Art as an Investment? A Survey of Comparative Assets; ISBN 978-1-84822-134-5
 
  • Monica Bohm-Duchen, Art and the Second World War (Princeton Univ., $49.50) ISBN 978-0-691-14561-7

"In this well-researched, clear-eyed assessment of art’s relationship to the war that “has left the darkest and most indelible mark on modern society,” Bohm-Duchen (After Auschwitz) presents a sobering overview of the official and nonofficial fine art produced in warring nations: Spain (with the civil war treated as a prologue to WWII), England, Canada, Australia, New Zealand, America, France, Italy, the Soviet Union, Germany, China, and Japan..." The book is available at Art and the Second World War
  • Anne-Marie O'Connor, The Lady in Gold: The Extraordinary Tale of Gustav Klimt's Masterpiece, Portrait of Adele Bloch-Bauer (Feb. 2012) ISBN: 0307265641
Described as a "riveting social history; an illuminating and haunting look at turn-of-the-century Vienna; a brilliant portrait of the evolution of a painter; a masterfully told tale of suspense. And at the heart of it, the Lady in Gold--the shimmering painting, and its equally irresistible subject, the fate of each forever intertwined." You may purchase this book here.
 
*Please visit our Publications page to see the list of books and articles previously featured in this Newsletter.
Announcements

 
What's New:
  • Senator Roy Blunt of Missouri introduces a bill to honor the Monuments Men “... the incredible men and women ... who protected millions of cultural artifacts from devastation during World War II and preserved these invaluable treasures for future generations... to encourage more Americans to learn about the rich history of these works of art and the remarkable legacies of the Monuments Men.”
  • "Knoedler Obituary (1857-2011): Select Legal History of the Oldest American Art Gallery" by Irina Tarsis appears in the latest issue of NYSBA Entertainment, Arts and Sports Law Journal (Fall/Winter 2013) Vol. 24, no. 3.
  •  
  • Pierre Ciric, Principle of Ciric Law Firm,  interviewed by Arte,for a story on the Grosz v. MoMA case and other restitution efforts in the US.

Recent Court Action of Note:
  • Calder v. Perls -- case dismissed on statute of limitations grounds.

Internship Opportunity (Washington, DC)
Office of the General Counsel, Institute of Museum and Library Service (2L/3L Candidates)

The Institute of Museum and Library Services (IMLS) is an independent federal agency that fosters leadership, innovation, and a lifetime of learning by supporting museums and libraries throughout the country. Representative projects include: national leadership grants to support model projects in museums and libraries; library grants to states to improve access to information through electronic resources sharing; Native American library service grants to support the library programs used by tribes and Alaska Native villages; grants to support institution assessment of collections management and public programs in museums; and conservation grants to support the preservation of manuscripts, books and artifacts in the nation's museums.
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Headlines
 
Excerpts:

Kapoor’s Assistant Pleads Guilty to Possession of Illicit Antiquities

By Angelea Selleck In late November 2013, Aaron Freedman pled guilty in New York Supreme Court to one count of …

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Calder Estate Fraud Claim Dismissed: Judge Finds Allegations “An Incoherent Stew of Irrelevance and Innuendo”

On December 23, Judge Shirley Werner Kornreich dismissed the Calder Estate suit against Alexander Calder‘s long-time dealer, Perls Galleries. Kornreich, …

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Apparently Fakes Warrant the Same Security as Masterpieces

by Hanoch Sheps, J.D. The New Year has only just begun and already there is a travelling art exhibition planned for …

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A Plethora of Fakes and a Series of Thoughts: Where Has All The Real “Art” Gone?

OP ED by Hanoch Sheps, J.D.* With the New Year only days away, it is only natural to reflect on the …

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NOW you see it… Legalese of Street Art

Did you know that some street artists pay building owners for the right to paint graffiti? If so, it is …

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Knoedler Director Defamation Settlement Reached

*by Hanoch Sheps, J.D. As reported on September 16, Ann Freedman, former director of the Knoedler & Company Gallery brought a suit …

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UPDATE: Artist Resale Royalty Rights – Is a US Droit de Suite in our Future?

by Hanoch Sheps, J.D. A highly-anticipated development is finally here. The U.S. Copyright Office released today its updated analytical report on the …

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Recent Decisions and Developments in FRENCH ART LAW (Part 2)

By Olivier de Baecque, Attorney at law* French courts have become more restrictive on granting copyright protection. This is the …

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Gurlitt Reading List

Have you heard of Cornelius Gurlitt? No, not the composer who died at 81 at the turn of the 20th …

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