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*Nov. 19, 2013 -- Understanding Artists' Rights in Dealer Relationships  (Parsons/The New School, New York, NY) 6:30 PM - 8:30 PM
Recent events, such as the bankruptcy of the Salander-O’Reilly Galleries, have highlighted the need for artists to protect their ownership rights in works of art they consign to galleries for sale, and to be especially vigilant in ensuring that they receive a timely accounting and the proceeds from the sale of their consigned works. Topics to be covered:
  • What terms should be included in an artist/dealer agreement?
  • What rights does an artist have when a gallery sells an artist’s work and fails to deliver the sale proceeds to the artist?
  • Are there any tools available to alleviate the substantial legal fees an artist might incur to enforce her rights?
Faculty:
  • Stacy Lefkowitz, Director of Legal Services, VLA.
  • Dean Nicyper, Partner, Flemming Zulack Williamson Zauderer LLP.
  • Michelle Bogre, Founder of the Parsons Institute for Intellectual Property and  Professor at Parsons The New School for Design.

Nov. 22, 2013 -- NYCLA: 6th Annual Art Litigation and Dispute Resolution Institute (NYCLA, New York, NY) 9:00AM - 5:00PM

Topics:

  • Regulation of Art Not-for-Profits
  • The Law of Hans Haacke's Art and the Art of Hans Haacke's Law
  • Installation Art
  • Trademarks in Fine Art
  • Fair Use and Appropriation After Prince
  • 3D Printing in the Arts -- With Live Demonstration

Keynote Address: Ethics and Nazi Looted Art

Faculty:

Hon. Stephen Crane (Ret.), JAMS and Raymond Dowd, Dunnington, Bartholow &  Miller LL; Amy Adler, New York University School of Law; Alice Alcock , Artist; Hon Kristin Booth Glen (Ret.); Francis Bitonti, Francis Bitonti Studio; H. David Celento,  DigiFabLabHon. Stephen Crane (Ret.), JAMS ; Raymond Dowd, Dunnington, Bartholow &  Miller LLP; Scott Greenberg, Locke Lord LLP; Hans Haacke, Artist; Hon. Barbara Jaffe, NYS Supreme Court; Michael Kelly, Kenyon & Kenyon LLP; Jo Backer Laird, Patterson Belknap Webb & Tyler LLP Christine Lepera, Mitchell Silberberg & Knupp LLP (MS&K);  Joseph Murphy, Law Offices of Joseph F. Murphy; David Nachman, Charities Enforcement, NYS Attorney General's Office;  Jason Nardiello, Hiscock & Barclay;  Hon. Loretta A. Preska, Chief District Judge, S.D.N.Y.;  Judith Prowda, Sotheby's Institute of Art;  Virginia Rutledge; James A. Trigg, Kilpatrick Townsend & Stockton LLP; Scott R. Wilson, Boies, Schiller & Flexner LLP; Stephen P. Younger, Patterson Belknap Webb & Tyler LLP

Nov. 25, 2013 --  IFAR Evening: Artists Resale Rights in the US: Overdue or Shouldn't Do? (Scandinavia House, New York, NY) 6:00PM- 8:30PM

Speakers:
  • KARYN TEMPLE CLAGGETT, Esq., Associate Register of Copyrights; Director of Policy and International Affairs, U.S. Copyright Office
  • SANDRA L. COBDEN, Esq., General Counsel, Dispute Resolution and Legal Public Affairs, Christie’s
  • THEODORE H. FEDER, Ph.D., Founder and President, Artists Rights Society
  • PHILIPPA S. LOENGARD, Esq., Assistant Director and Lecturer in Law, Kernochan Center, Columbia Law School
  • THE HONORABLE JERROLD L. NADLER, Congressman, Tenth Congressional District, New York
The program is free to IFAR Member/Supporters; Reduced rate for IFAR Journal subscribers and full-time students with ID; and $25 to the General Public.
*Dec. 7, 2013 --  Art Law Talk/Art Title Insurance: What is It and Should You Get It?  (Scandinavia House, New York, NY) 2:00PM- 3:00PM
Part of the Art Basel Talks, this panel will focus on the promises and potentials of getting art title insurance. If you are in Miami for the festivities, consider attending. Access with Art Basel VIP card or ticket.

Speakers:
Stephen D. Brodie, Esq.
and Howard N. Spiegler, Esq., International Art Law Group, Herrick, Feinstein LLP, New York; Judith L. Pearson, President, ARIS Title Insurance Corporation, Denver.

NOTE: Events with a * next to the date are appearing in the Newsletter for the first time.
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Announcements

 

What's New:
  • In the Matter of Riven Flamenbaum dispute over the Estate of Riven Flamenbaum and a 3,000 years old gold tablet found among his possessions, the court rejected the "spoils of war " doctrine because the court declined to adopt "any doctrine that would establish good title based upon the looting and removal of cultural artifacts during wartime by a conquering military force."
  • Pryor Cashman LLP is adding Asset Forfeiture expert to its Art Law  The new team member, Jeffrey Alberts, is formerly from the U.S. Attorney’s Office for the Southern District of New York, the Asset Forfeiture Unit. "His knowledge of asset forfeiture, especially as it pertains to priceless works of art, will be valuable to the firm’s clients which include galleries, dealers, lenders, collectors, heirs and artists themselves, as they navigate the challenges to ownership, provenance and authenticity of their collections."
 
Competitions/Training Programs
  • Provenance Research Training Program Workshops (Vilnius, Lithuania) In light of the breaking news out of Munich, consider attending the third workshop of the PRTP, which is an advanced training program whose main mission is to serve the international community of current and future professionals of various backgrounds who are or will soon be engaged in dealing with Nazi-era looted cultural property and related post-Holocaust issues. Nov. 30 - Dec. 6, 2013.
 
  • LAST CALL: Writing Competition: The Phil Cowan Memorial/BMI Scholarship The Entertainment, Arts & Sports Law Section of the New York State Bar Association (EASL), in partnership with BMI, the world’s largest music performing rights organization, offers up to two awards of $2,500 each on an annual basis in Phil Cowan’s memory to a law student who is committed to a practice concentrating in one or more areas of entertainment, art or sports law. The deadline to submit your essay is December 12, 2013

Job Openings and Internships
  • Cardozo Art Law Field Clinic is seeking art lawyers in New York City who may be interested in hiring an intern for the Spring semester. Students receive academic credit for the work performed over the course of the semester, 10-15 hour weekly.

New/Related Publication*

Nazi-era looted art
Recent
  • Paul Kearns, Freedom of Artistic Expression: Essays on Culture and Legal Censure (Hart Publishing, 2013). Order your book here.
  • Marie C. Malaro and Ildiko DeAngelis, A Legal Primer on Managing Museum Collections, 3rd Ed. Much has changed in the museum world since the first edition of this book came out in 1985. The revised edition is "an authoritative, go-to book for any museum professional, Legal Primer offers detailed explanations of the law, suggestions for preventing legal problems, and numerous case studies of lawsuits involving museum collections." Order your book here.
  • Michael Bennett, Praxiteles: The Cleveland Apollo (Cleveland Museum of Art, 2013). Available on Amazon.
  • Judith B. Prowda, Visual Arts and the Law: A Handbook for Professionals, ISBN: 978-1-84822-086-7. The topics addressed include freedom of expression and controversial art, rights of privacy and publicity, copyright, moral rights, artist resale rights, the artist-dealer relationship, commissions, auctions, expert opinions (appraisal and authentication) and title problems and stolen art. $60.00 With questions contact Leigh Norwich or order on Amazon.
*Please visit our Publications page to see the list of books and articles previously featured in this Newsletter.
Headlines
 
Excerpts:

Untitled but taxable: Face-off between the IRS and the Basquiat heirs

For those attending the 2013 National Conference of the Appraisers Association of America in New York last week (Nov. 8-10), the announcement that …

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Case Preview: Lonny Marrow v. Jacob Javits Center, et al.

‘One’ is a beginning and ‘two’ is forever, at least according to Lonny Marrow, an artist known as Phase 2, …

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After Restitution, Nazi-Seized Posters Seek a New Home

By Angelea Selleck Note from the editors: Before the story of a treasure trove of Nazi-era looted and displaced paintings …

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