Although this week’s Restitution and Repatriation conference at DePaul was washed out by Hurricane Sandy, another terrific event is on the horizon next week. “Art Law Day” at New York University, hosted by the Appraisers Association of America, will be held on November 9, 2012 at NYU’s Kimmel Center. The condensed schedule from the event’s… Continue Reading
Monthly Archives: October 2012
Auction Consignors’ Names Must be Disclosed in New York: an Art Twist on a Very Old Law
Posted in Collections, Consignment, LegislationIt is a busy fall for consignment law in New York. News has been making the rounds this month about a decision by the Appellate Division of the New York Supreme Court, New York’s intermediate appeals court. The Appellate Division ruled that an auctioneer must disclose the name of any owner who has consigned the work… Continue Reading
Restitution and Repatriation at DePaul University on Monday, October 29, 2012
Posted in Cultural Property, RestitutionLooking forward to Monday’s conference in Chicago at DePaul University College of Law, Center for Art, Museum & Cultural Heritage Law, entitled “Restitution and Repatriation: the Return of Cultural Objects.” Lynn Nicholas, author of The Rape of Europa is the keynote speaker. If you like what you see at the Art Law Report-or even if… Continue Reading
Copyright Office is Seeking Comment on Resale Royalty Legislation
Posted in Copyright, Resale RoyaltiesThe Art Law Report’s very first post was on the revival of efforts to pass federal legislation on resale royalties, yet there was little movement after that. Earlier this year, the California Resale Royalty Act was struck down on constitutional grounds, a case now on appeal. As a possible sign of movement, the Copyright has… Continue Reading
New Perspective on Senate Bill 2212
Posted in Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, Senate Bill 2212, UncategorizedOur prior commentary has expressed support for Senate Bill 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act. The bill remains stalled in the Senate Judicary Committee. A new post last week by Nikki Georgopulos at plundered art (one of our favorite resources) takes a very well-written, opposing view. A must-read for the well-informed on… Continue Reading
“Nite Moves” Loses in the Court of Appeals—Lap Dancing is Not Art in New York
Posted in First AmendmentThe New York Court of Appeals has rejected the must-watched effort by Nite Moves, a Albany-area strip club, to exempt itself from sales tax on the grounds that exotic dancing was protectable First Amendment expression. The high court ruled that the club failed to carry its burden to prve that the dances were “choreographed performances.” … Continue Reading
Second Circuit Rules Schiele Drawing Not Stolen by Nazis
Posted in Cultural Property, Restitution, World War IIThe Second Circuit Court of Appeals has affirmed the judgment against David Bakalar concerning ownership of the drawing Seated Woman with Bent Left Leg (Torso). It is a notable decision first and foremost because it affirms the District Court ruling on the merits of whether the drawing was stolen by the Nazis from the Austrian-Jewish collector… Continue Reading
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