A New York Supreme Court judge dismissed the claims filed against the Metropolitan Museum of Art over whether its admissions policy was inconsistent with city law and the museum’s charter. Lost in many of the headlines, however, is that the entire lawsuit was not dismissed; another claim for misrepresentation is, for the moment, still alive. The… Continue Reading
Monthly Archives: October 2013
Dispute Over “Portrait of Amalie Zuckerkandl” by Gustav Klimt on Loan to the National Gallery in London—Calls for Restitution Actually Put International Respect for Final Judicial Awards (and Other Claims) at Risk
Posted in Foreign Sovereign Immunities, Restitution, World War IIA recent loan to the National Gallery in London has grabbed headlines discussing the history of the painting, Portrait of Amalie Zuckerkandl, by Gustav Klimt, surrounding World War II and the persecution of Jews in Austria. Somewhat puzzlingly, the coverage has downplayed the fact that that very painting was already the subjective of an exhaustive… Continue Reading
Last Call: “Selling the Museum’s Collection: Is Deaccessioning Ever Appropriate?” on Monday
Posted in Deaccession, Detroit Bankruptcy, EventsA last reminder that on Monday, there will be a panel discusion at Columbia Law School entited “Selling the Museum’s Collection: Is Deaccessioning Ever Appropriate?“ From the event description: “The Kernochan Center for Law, Media and the Arts is proud to welcome Roberta Smith, New York Times art critic, and Nicholas O’Donnell, author of “The… Continue Reading
The Monuments Men, Social Media, the Law and Cultural Heritage-November 1, 2013 in New York
Posted in Events, World War IINext Friday November 1, 2013, the Lawyers’ Committee for Cultural Heritage Preservation is holding its annual conference, and hosting and event entitled “The Monuments Men, Social Media, the Law and Cultural Heritage.” It is being held at Fordham Law School, Lincoln Center Campus, 140 W. 62nd Street, New York, NY 10023, from 8:30 pm to… Continue Reading
Detroit Bankruptcy Eligibility Trial Begins, Art Collection Could Hang in the Balance
Posted in Detroit BankruptcyTrial begins today in the U.S. Bankruptcy Court in Detroit over whether the city of Detroit is even eligible for the Chapter 9 bankrupcty protection it sought earlier this year. The major point of contention is whether Detroit may, under the Michigan constitution, seek bankrupcty in a way that would reduce pension payments (as it… Continue Reading
Appraisers Association of America Art Law Day at New York University November 8, 2013
Posted in Appraisal, EventsThe Appraisers Association of America is hosting its annual Art Law Day on November 8, 2013 at the Kimmel Center at NYU. The schedule, from the event page, is below. This is always a content-packed and thought-provoking day. They keynote address about legislation for authentication experts should be fascinating, and is particularly timely. See you… Continue Reading
Banksy and Vandalism
Posted in Public ArtThe Center for Art Law has a thought-provoking piece about the intersection of property rights and Banksy’s “residence” in New York right now. Mayor Bloomberg went on record too as saying he considered graffiti, and implicitly the works themselves, “a sign of decay.” It’s hard to see a court making an exception in New York… Continue Reading
Lauren Clay, the David Smith Estate, David Dodde, and Fair Use: Are We Learning Anything?
Posted in Copyright, Fair Use, Intellectual PropertyA pair of recent disputes over sculpture, fair use and moral rights highlights the ongoing concern that Prince v. Cariou has made things worse, not better. The first concerns the estate of sculptor David Smith, and sculptor Lauren Clay. As Art in America put it, “Clay’s works replicate the shapes of Smith’s large metal ‘Cubi’… Continue Reading
Free Speech, Fair Use, and Meaning—Recapping An Evening of Copyright and the Visual Arts at the Sotheby’s Institute
Posted in Copyright, EventsLast night was a fascinating evening at the Sotheby’s Institute in New York, where Judith Prowda was celebrating the launch of her new book Visual Arts and the Law (Lund Humphries 2013). The book, not at all incidentally, is a must-have. Professor Prowda moderated a panel discussion between Amy Adler of NYU Law School, and… Continue Reading
Detroit Emergency Manager Expects DIA Collection to Bring Revenue
Posted in Bankruptcy, Detroit BankruptcyAs the controversy around the possible sale of the Detroit Institute of Arts’ collection continues to swirl, Emergency Manager Kevyn Orr has given some of his most pointed comments to date about his expectations. To recap, the DIA collection is owned by the city of Detroit, now in bankruptcy. The question has thus arisen about… Continue Reading
“Selling the Museum’s Collection: Is Deaccessioning Ever Appropriate?” at Columbia October 28, 2013
Posted in Deaccession, EventsA reminder that two weeks from Monday, I will join a panel discusion at Columbia Law School entited “Selling the Museum’s Collection: Is Deaccessioning Ever Appropriate?“ From the event description: “The Kernochan Center for Law, Media and the Arts is proud to welcome Roberta Smith, New York Times art critic, and Nicholas O’Donnell, author of… Continue Reading
IBA Annual Conference Starts Today in Boston
Posted in Copyright, Events, Intellectual Property, TrademarkI’ll be at the International Bar Association Conference all week here in Boston, starting tonight. Among others, I’m looking forward to the sessions below (the first featuring my partner at Sullivan & Worcester, Laura Steinberg, the trademark panel featuring my partner at Sullivan & Worcester Kim Herman, and others given by the Art, Cultural Institutions… Continue Reading
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