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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 2014

Detroit Institute of Arts Makes Case for Its Art as a Public Trust that City Could Not Sell Even if it Wanted To

By Nicholas O'Donnell on Posted in Deaccession, Detroit Bankruptcy

After Judge Rhodes denied (as predicted) the expansive relief requested by creditors in the Detroit bankruptcy to perform a top-to-bottom appraisal of the collection of the Detroit Institute of Arts, attention has focused on those creditors’ objection to the “grand bargain” within the overall plan of adjustment.  The creditors (and some academics) have argued that… Continue Reading

The Next Gurlitt? Records from Weinmüller Auction House Made Available Online

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

Among the many legacies of the Gurlitt saga is a renewed focus on the importance of Nazi-approved art dealers like Karl Haberstock to the expropriation, outlawing, and re-sale of art either owned by Jewish collectors or which was thematically disapproved by the Nazi state.  Relatedly, it has served as a reminder of the often cursory… Continue Reading

“Innocence of Muslims” Producer Answers Complaint to Contest Garcia Allegations, Effect on Copyright Argument Should be Minimal

By Nicholas O'Donnell on Posted in Copyright

While the appeal by Google of an order to take down any copies of “Innocence of Muslims” awaits a decision by the Ninth Circuit on Google’s request for rehearing, there has been a development back down in the District Court.  Cindy Lee Garcia initially sought a preliminary injunction against Google to remove the availability of… Continue Reading

Remaining Claims Against AAM, AAMD Related to Pissarro “La Bergere” in Oklahoma Are Dismissed

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

As we reported last week, the U.S. District Court dismissed claims against the Fred Jones, Jr. Museum of Art, the University of Oklahoma, and associated Oklahoma defendants, over title to the Camille Pissarro painting La bergère rentrent des moutons (a case in which I represented the David Findlay Jr. Gallery).  The dismissal was entirely jurisdictional—the… Continue Reading

Cornelius Gurlitt Attorney References “Only Eight Works” in Relation to Nazi Persecution, Likely More of an Update than Assertion of Ownership

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

The attorney for the recently deceased Cornelius Gurlitt, Stephan Edel, told Der Spiegel today that “At the present time, only eight works must be returned from the collection as a result of Nazi persecution,” (my translation).  Edel went on to say “Whether further works will follow, must await the results of the ongoing research.” This… Continue Reading

FBI Claims to Have “Confirmed Sightings” of Stolen Gardner Artwork, But Offers Only Stale Information and Conjecture

By Nicholas O'Donnell on Posted in Museums

The FBI said today that the bureau has received “confirmed” sightings of the works of art stolen from the Isabella Stewart Gardner Museum in 1990.  Thieves dressed as police robbed the museum of thirteen major works of art on March 18, 1990, including works by Rembrandt, Vermeer, Degas and Manet.  Read carefully, however, the story… Continue Reading

Claims Against University of Oklahoma Over Pissarro “La bergère” Dismissed on Jurisdictional Grounds

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

The U.S. District Court for the Southern District of New York has dismissed the much-publicized claims by Leone Meyer against the University of Oklahoma and related Oklahoma public officials and insitutions for the return of La bergère rentrent des moutons by Camille Pissarro, currently in the Fred Jones, Jr. Museum of Art.  In full disclosure: I… Continue Reading

Great-Nephew May Challenge Gurlitt Will and Appointment of Kunstmuseum Bern as Sole Heir, Second Will is Confirmed

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

When news first broke that Cornelius Gurlitt had named the Kunstmuseum in Bern as his sole heir (and not merely as the recipient of his art collection), we wondered whether some putative heir to Gurlitt—and thus to at least part of the art collection under suspicion for containing Nazi-looted art—might challenge that appointment. We did… Continue Reading

VARA Likely to Apply Retroactively to Victor Henderson “Brooks Avenue Painting Claim”

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

We reported recently on a new lawsuit in California invoking the Visual Artists Rights Act (VARA) in the context of a mural by Victor Henderson, of the Los Angeles Fine Arts Squad.  Henderson alleges that property owner Ralph Ziman had his “Brooks Avenue Painting” water blasted in 2013, thus destroying the integrity of his work… Continue Reading

Gurlitt Bequest to Kunstmuseum Bern: German Language Analysis Roundup

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

Discussion continues to swirl about how the passing of Cornelius Gurlitt this week will affect the review and possible return of the paintings found in his Munich apartment, and those in Austria.  Not surprisingly, the majority of reflections on the news that Gurlitt appointed the Kunstmuseum in Bern, Swizterland as his sole heir are in… Continue Reading

Gurlitt Names Kunstmuseum Bern as Sole Heir. Will the Museum Want Everything that Comes with That?

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

Following confirmation by his attorney that Cornelius Gurlitt had left a will, it was further revealed yesterday that Gurlitt had not merely left his collection of paintings with substantial Nazi-looting questions to a museum outside Germany, but that he had named the Kunstmuseum Bern itself as his sole heir.  The Kunstmuseum is the oldest museum… Continue Reading

Foreign Cultural Exchange Jurisdictional Immunity Clarification Act Passes House of Representatives Overwhelmingly

By Nicholas O'Donnell on Posted in Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, Foreign Sovereign Immunities, Immunity from Seizure Act, Restitution, Uncategorized, World War II

The Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (HR 4292) passed the House of Representatives yesterday, 388 to 4.  Voting against were Reid Ribble (R, WI), Mark Sanford (R, SC), Marlin Stuzman (R, IN), and Justin Amash (R, MI).  As discussed here previously, the bill would amend the Foreign Sovereign Immunities Act, 28 U.S.C. §… Continue Reading

​Cornelius Gurlitt Passes Away, Questions Remain About Recent Deal and Fate of Collection

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

Cornelius Gurlitt died yesterday, six months after his art collection was revealed to the world in a Focus article, and less than a month after striking a deal with Bavarian prosecutors over the 1,280 paintings and works of art seized from his apartment as part of a tax investigation.  Although that brings the investigation that… Continue Reading

Victor Henderson of LA Fine Arts Squad Files VARA Claim Over “Brooks Avenue Painting”

By Nicholas O'Donnell on Posted in Copyright, Moral Rights

Victor Henderson, creator of the Los Angeles mural “Brooks Avenue Painting,” has filed a lawsuit alleging a violation of his right of integrity under the Visual Artists Rights Act (“VARA”).  Henderson painted the mural in 1969—together with the late Terry Schoonhoven—soon after the two artists founded the Los Angeles Fine Arts Squad.  The painting became… Continue Reading

New York Authentication Protection Bill Passes Senate Committee

By Nicholas O'Donnell on Posted in Appraisal, Authentication

The New York Senate Standing Committee on Cultural Affairs, Tourism, Parks and Recreation has unanimously endorsed Senate Bill No. S06794.  The Committee was no doubt moved by yesterday’s sought-after Art Law Report endorsement. . . . In all seriousness, this moves the bill forward for consideration by the full Senate, in an effort to enact… Continue Reading