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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: May 2013

They’re “Gonna Work it Out, Bye Bye”—The Velvet Underground and Warhol Foundation Settle Banana Trademark Case

Posted in Copyright, Trademark, Uncategorized

The Velvet Underground and the Warhol Foundation for the Visual Arts have settled their lawsuit over the right to control iconic “banana” image from the cover of the 1967 legendary The Velvet Underground and Nico album.  An earlier September 7, 2012 ruling for the Warhol Foundation finding that that the Velvet Underground had agreed not to sue… Continue Reading

Speakers List for ARCA Art & Heritage Conference Released

Posted in Cultural Property, Events, Restitution, World War II

ARCA (Association for Research into Crimes Against Art) has released the Speakers list for next month’s Art & Heritage Conference June 21-23 in Amelia, Italy. I will be presenting on the history of World War II restitution litigation in the United States, its effectiveness, and its prospects for the future.  The full list is below.  Hope to… Continue Reading

Rutgers Law Review Article Advocates Replacing Restitution Litigation with Prosecutions

Posted in Uncategorized

The Rutgers Journal of Law and Religion has published a provocative article that advocates a bold new take on Holocaust art restitution litigation.  The thesis of the piece is easily gleaned from its title: “Nazi Looted Art and Cocaine: When Museum Directors Take It, Call the Cops.”  In a nutshell, the article argues that if… Continue Reading

Copyright Office Holds Hearing on Resale Royalty Legislation

Posted in Copyright, Intellectual Property, Resale Royalties

The United States Copyright Office solicited public comment last year on possible droite de suite, or resale royalty legislation.  As addressed previously, state law attempts to regulate artists’ rights to resale royalties have been struck down as unconstitutional.  Among the issues that the Copyright Office grappled with is the basic question of incentive: if a… Continue Reading

Presentation to the 5th Annual ARCA Art Crime Conference June 21-23, 2013

Posted in Cultural Property, Foreign Sovereign Immunities, Restitution, World War II

I will be speaking at the 5th annual Art Crime Conference held by ARCA (Association for Research into Crimes Against Art) in Amelia, Italy between June 21-23, 2013.  My talk will address Holocaust restitution litigation in the United States, similar to the paper I gave in Maastricht in March but covering important more recent developments as… Continue Reading