Following on yesterday’s release of the full report and recommendations by Christie’s with regard to the collection of the Detroit Institute of Arts, the Bankruptcy Court has set a hearing on the creditors’ earlier motion to force appraisal of additional works of art. The creditors’ motion will be heard January 22, 2014 at 10:00 a.m.
Monthly Archives: December 2013
Full Christie’s Report Issued on Detroit Institute of Arts Collection, City Holding the Cards to Push for Negotiated Grand Bargain
Posted in Appraisal, Detroit BankruptcyAfter Judge Rhodes of the Bankruptcy Court for the Eastern District of Michigan ruled on December 3, 2013 that the city of Detroit is eligible for Chapter 9 Bankruptcy protection, the city immediately divulged that the report commissioned by the city from Christie’s to appraise the Detroit Institute of Arts (DIA) collection was nearly finished. … Continue Reading
Oral Argument Set for January 13, 2014 on Mask of Ka Nefer-Nefer Forfeiture Case
Posted in Civil ForfeitureThe Court of Appeals for the 8th Circuit has set oral argument for January 13, 2014 on the appeal from the dismissal of the government’s civil forteiture case against the Mask of Ka Nefer-Nefer in the St. Louis Art Museum.
Reactions to Jenack Decision Are Surprisingly Limited So Far
Posted in Auctions, LegislationSince the Court of Appeals’ decision in William J. Jenack Estate Appraisers and Auctioneers, Inc. v. Albert Rabizadeh was released on Tuesday (a decision that the New York Times noted was “first reported by the Art Law Report blog”), reactions have started to come in to the decision. Somewhat surprisingly, they have thus far been… Continue Reading
Jenack v. Rabidazeh Decision Reversed: Auction Sellers and Consignors Can Remain Anonymous
Posted in Auctions, LegislationThe New York Court of Appeals reversed this morning the decision in Jenack v. Rabidazeh last fall by the Appellate Division of the New York Supreme Court that had held that an auctioneer must disclose the name of the actual owner who has consigned the work, to enforce that sale consistent with the state’s Statute of… Continue Reading
Cassirer Heirs’ Claims to Pissarro Work Revived by Appeals Court, the Year 2013 Shows that the Tide for Restitution May be Shifting Again
Posted in Foreign Sovereign Immunities, Gurlitt Collection, Restitution, World War IIThe U.S. Court of Appeals for the 9th Circuit restored last week claims by heirs of Lilly Cassirer against the Thyssen-Bornemisza Collection for the return of the Camille Pissarro painting Rue St. Honoré, après-midi, êffet de pluie. The Cassirers claim that the painting was expropriated from Lilly when she fled Nazi Germany in 1939 in exchange… Continue Reading
Now who’s rapping like it’s a commercial? The Beastie Boys counterclaim against GoldieBlox Web advertisement
Posted in Copyright, Fair UseAfter GoldieBlox announced with great fanfare that it would withdraw its claim seeking a declaratory judgment that its use in a video of the Beastie Boys song “Girls” was a fair use under the Copyright Act, many assumed that was the end of it and that the only point for discussion was GoldieBlox’s motivation. As… Continue Reading
327 Gurlitt Collection Works Now Known; Time for Claims in the United States?
Posted in Foreign Sovereign Immunities, Gurlitt CollectionThe coordination office in Magdeburg continues to post details about works of art seized from Cornelius Gurlitt in Schwabing, with a total of 327 works now available for viewing. There has been almost no discussion yet, however, of what process the government will employ to allow claimants to make their case. Those in the United… Continue Reading
Post Eligibility Ruling, Kevyn Orr Reiterates Expectation That DIA will Contribute Revenue to City’s Financial Plan
Posted in Detroit BankruptcyJust after the Bankruptcy Court held that Detroit is indeed eligible for Chapter 9 bankruptcy, Emergency Manager Kevyn Orr reiterated that he expects the Detroit Institute of Arts to contribute financially to the city’s plan to emerge from insolvency. Said Orr, “We’d like to find a way to monetize the DIA.” Adding complexity to an… Continue Reading
Detroit Institute of Arts Responds Swiftly to Detroit Bankruptcy Eligibility Ruling
Posted in Detroit BankruptcyThe Detroit Institute of Arts was ready: the museum released a statement immediately after the Bankruptcy Court’s ruling today that Detroit is eligible for Chapter 9 Bankruptcy (in which specific reference to the DIA collection was made). As we expected, DIA took aim at last week’s creditors, and make clear its vehement objection to the capitalization… Continue Reading
Detroit Bankruptcy Will Proceed, Judge’s Comments about Detroit Institute of Arts Could Affect Involvement or Sale of Artwork
Posted in Detroit BankruptcyThe Hon. Steven W. Rhodes of the U.S. District Court for the Eastern District of Michigan has ruled that Detroit may proceed with its Chapter 9 bankruptcy. Judge Rhodes explained his ruling for over an hour from the bench, finding Chapter 9 itself to be constitutional, and addressing other challenges including the requirements of Michigan… Continue Reading
GoldieBlox Declares a Truce with the Beastie Boys, What was That All About?
Posted in Copyright, Fair UseAfter the skirmish over whether GoldieBlox’s video featuring the melody and parodied lyrics of “Girls” by the Beastie Boys was fair use or infringement, the company abruptly altered the video in question on its website. The same video is now accompanied by different music. The company also issued the following statement on its blog: “We… Continue Reading
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