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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: February 2014

U.S. Again Asks Court to Ignore Russian Defiance of Chabad Judgment, and for Advance Notice to Hinder Plaintiffs’ Exercise of their Rights

By Nicholas O'Donnell on Posted in Foreign Sovereign Immunities, Immunity from Seizure Act, Restitution

In response to the recent request by the Agudas Chasidei Chabad plaintiffs for an interim judgment on the compounding sanctions judgment for the Russian Federation’s refusal to comply with a 2010 judgment to return the ancestral library of the movement’s leader (Rebbe), the United States has filed a statement of position and asked the U.S…. Continue Reading

Germany Itself Exhibited in the United States Dozens of Works from Hildebrandt Gurlitt in 1956

By Nicholas O'Donnell on Posted in Gurlitt Collection, Restitution, World War II

There have been occasional references during the Gurlitt affair to the possiblity that some of the paintings seized from Hildebrand Gurlitt’s apartment had been exhibited in the United States.  Details have been sparse.  With a copy of the out-of-print catalogue from that exhibition now in hand, however, we can start to identify the scope of… Continue Reading

The Gurlitt Counteroffensive Continues: Complaint Filed for Return of Paintings

By Nicholas O'Donnell on Posted in Gurlitt Collection, Restitution, World War II

According to multiple news reports and his attorneys, Cornelius Gurlitt has filed a complaint for the return of the paintings seized in 2012 by the Augsburg prosecutor. Copies are not yet available, but the Gurlitt PR website www.Gurlitt.info” has a release that states as follows (thus far only in German).  Stay tuned for developments if… Continue Reading

“Gurlitt Facts” Website Posted as Part of Public Relations Offensive, Arguments Strain Credulity

By Nicholas O'Donnell on Posted in Gurlitt Collection, Restitution, World War II

Cornelius Gurlitt’s legal team has posted a new website called “Gurlitt Info” in similar (but not identical) German and English versions that is so contradicted by the repeated disclosures by the German government, that it is hard to imagine its intended purpose.  As a public relations move, it is a disaster.  The tactic may explain… Continue Reading

Legal Issues in Museum Administration, March 19-21, 2014 in Philadelphia

By Nicholas O'Donnell on Posted in Events

Registration is open for the annual Legal Issues in Museum Administration conference organized by the American Law Institute’s Continuing Legal Education.  Year after year, this conference brings together top practitioners and museum professionals for important updates and presentations, and always engaging discussions.  Hope to see you there. From the posted program, the schedule and faculty are… Continue Reading

Is “Dumb Starbucks” an Art Gallery in the Eyes of the Law?

By Nicholas O'Donnell on Posted in Copyright, Intellectual Property, Trademark

News that a coffee shop had opened in Los Angeles entitled “Dumb Starbucks” has again raised the proper interpretation of fair use under U.S. intellectual property law into the realm of popular culture and commerce.  Whereas last year’s Beastie Boys/GoldieBlox dustup (still ongoing) revolved primarily around copyright law, here the potential issue is one of… Continue Reading

Augsburg Prosecutor Rejects Idea of Making Deal with Gurlitt, Harvard and LACMA Beckmann Paintings Highlight Difficulty Ahead Without Agreement

By Nicholas O'Donnell on Posted in Gurlitt Collection

Just days after attorneys for Cornelius Gurlitt floated the idea of discussions with survivors and heirs for a possible resolution to the questions about the artworks found in his apartment two years ago that are suspected of having been stolen or sold under duress during the Nazi era (and after the prosecutor was ordered to… Continue Reading

Cornelius Gurlitt’s Lawyers File Privacy Complaint

By Nicholas O'Donnell on Posted in Gurlitt Collection

In one of the first affirmative steps taken by Cornelius Gurlitt since the revelation of the seizure of a large number of artworks with possible Nazi-seizure connections, Gurlitt has filed a criminal complaint concerning his allegations of violations of his privacy rights.  According to Gurlitt’s attorney, “The surrender of investigative information to the press, and… Continue Reading