Sullivan & Worcester LLP’s Art and Museum Law Group has published an important new client advisory about Massachusetts’s fine arts consignment statute, G.L. c. 104A. With the recent decision in Plumb v. Casey et al. by the Supreme Judicial Court, it is more important than ever to understand what the law requires and provides. Certainly… Continue Reading
Category Archives: Consignment
Subscribe to Consignment RSS FeedMassachusetts High Court Clarifies: Written Agreement Not Required to Create Consignment of Fine Art and its Resulting Trust Duties
Posted in Bankruptcy, Consignment, LegislationThe Supreme Judicial Court, the high court of the Commonwealth of Massachusetts, has answered a certified question from the Bankruptcy Court about the interpretation of Massachusetts’s fine art consignment law, G.L. c. 104A. The case, Eve Plumb et al. v. Debra Casey, SJC-11519, originated with an art dealer’s bankruptcy and the claim by the trustee in that bankruptcy… Continue Reading
Art Law This Week at the City Bar: “Copyright Fair Use: The Importance of Being Transformative” and “Hot Topics in Art Law 2014”
Posted in Authentication, Consignment, Copyright, Fair Use, RestitutionLooking forward to two great art and law events this week at the New York City Bar, both at 42 West 44th Street. Hope to see many of you there! On Tuesday March 11, 2014 from 6:30-8:30 p.m., Judith Prowda, faculty at Sotheby’s Institute and author of Visual Arts and the Law will mediate a… Continue Reading
Jenack Case Set for Oral Argument, Appeal Tests Obligation for Auction Houses in New York to Disclose Seller’s Name
Posted in Auctions, Consignment, Legislation, UncategorizedThe New York Court of Appeals has set a hearing date on the appeal of the William J. Jenack action house of the Appellate Division’s ruling last year that an auctioneer must disclose the name of any owner who has consigned the work for sale, or a sale against a successful bidder cannot be enforced… Continue Reading
New York Court of Appeals to Address Jenack Decision Requiring Disclosure of Consignment Seller’s Identity to Enforce Sale Contract
Posted in ConsignmentThere is a new development in the decision last fall in which the Appellate Division of the New York Supreme Court ruled that an auctioneer must disclose the name of any owner who has consigned the work for sale, or a sale against a successful bidder cannot be enforced consistent with New York General Obligations… Continue Reading
New Sullivan & Worcester LLP Client Advisory on Consignment Law in New York
Posted in ConsignmentPlease see our most recent client advisory from the Art & Museum Law Group at Sullivan & Worcester LLP. Building on recent posts here, the advisory addresses recent statutory changes to and judicial interpretation of the law governing sales on consignment, including auctions in particular.
Auction Consignors’ Names Must be Disclosed in New York: an Art Twist on a Very Old Law
Posted in Collections, Consignment, LegislationIt is a busy fall for consignment law in New York. News has been making the rounds this month about a decision by the Appellate Division of the New York Supreme Court, New York’s intermediate appeals court. The Appellate Division ruled that an auctioneer must disclose the name of any owner who has consigned the work… Continue Reading
Change to New York Art Consignment Statute Adds Protections, Risks
Posted in Collections, Consignment, Legislation, TrustsNew York has passed an amendment to its Arts & Cultural Affairs law, N.Y. Arts & Cult. Aff. Law §12.01(2012), that is important for artist, galleries, and dealers alike. It affects the consignment relationship and creates critical new duties—and liabilities, for the dealer on consignment. Most importantly, it makes using any form of agreement drafted… Continue Reading
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