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The Art Law Report Providing timely updates and commentary on legal issues in the museum and visual arts communities

Monthly Archives: April 2013

No Infringement in Cariou v. Prince—Second Circuit Plays Art Critic and Finds Fair Use

By Nicholas O'Donnell on Posted in Copyright

Two years after a U.S. District Court decision that sent shock waves through the contemporary art world, the Second Circuit Court of Appeals has reversed that earlier finding that Richard Prince infringed the copyright of Patrick Cariou.  Instead, the appeals court ruled that all but five Prince works at issue were fair use under the Copyright… Continue Reading

DC Circuit Reinstates All Claims that Were Dismissed in Herzog Case Against Hungary-UPDATED

By Nicholas O'Donnell on Posted in Foreign Sovereign Immunities, Restitution, World War II

The DC Circuit Court of Appeals has reinstated the entire set of claims brought by the Herzog heirs against the Hungarian National Gallery, the Budapest Museum of Fine Arts, the Museum of Applied Arts, and the Budapest University of Technology and Economics.  The appellate decision focuses on the claim that an agreement was reached after WWII… Continue Reading

Boston Globe spotlights S&W Client Mark Rappaport’s Battle for His Film Collection

By Nicholas O'Donnell on Posted in Collections

The Boston Globe addressed this week Sullivan & Worcester LLP client Mark Rappaport’s dispute with Boston University professor Ray Carney concerning the custody of Rappaport’s original film archive.  My partner Kevin Colmey has represented Rappaport in this regard for over a year, and I appeared on Rappaport’s behalf at a hearing last year as well. … Continue Reading

“Flea Market Renoir” Possibly Taken from Baltimore Museum Heads to Court

By Nicholas O'Donnell on Posted in Civil Forfeiture, Museums

The 1879 Pierre-Auguste Renoir painting entitled “Paysage Bords de Seine” that was discovered at a Virgina flea market, but which may also have been stolen from the Baltimore Museum of Art more than sixty years ago, is now the subject of a federal court case in Alexandria, Virginia.  The United States has seized the painting and… Continue Reading

New Sullivan & Worcester Advisory: Supreme Court Responds to Museums’ Concerns in Kirtsaeng v. John Wiley & Sons, Inc.

By Nicholas O'Donnell on Posted in Copyright

The Sullivan & Worcester LLP Art and Museum Law Group has issued a new client advisory about the Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons, Inc.  As analyzed in the advisory, the Court has extended the “first sale” doctrine of the U.S. Copyright Act to copies of protected works that were lawfully… Continue Reading

Second Lawsuit Against Metropolitan Museum of Art About Admissions Policy

By Nicholas O'Donnell on Posted in Museums, Uncategorized

For the second time in less than four months, a complaint has been filed against the Metropolitan Museum of Art over its admissions fee policy.  Whereas the November, 2012 action seeks injunctive relief to compel the Met to change its practices, the newest case has been filed as a class action and seeks money damages as well. … Continue Reading

ALI-CLE Legal Issues in Museum Administration Next Week in Chicago

By Nicholas O'Donnell on Posted in Events

I’m still working on my writeup of last week’s terrific Art and Heritage Disputes conference in Maastricht, but with no rest for the weary I’m looking ahead to ALI-CLE’s annual Legal Issues in Museum Administration conference next week in Chicago.  As usual, the program and faculty are world-class.  Hope to see you there. The schedule… Continue Reading