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Category Archives: Deaccession

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The Art Law Report Turns Three: the Training Wheels are Off

Posted in Copyright, Cy Pres, Deaccession, Detroit Bankruptcy, Fair Use, Gurlitt Collection, Restitution

As I have before, I wanted to mark the third anniversary of this blog since we posted three articles on September 15, 2011.  In the last year, you (the reader) have helped the Report grow beyond our most optimistic hopes.  We have done our best to cover significant events like the Gurlitt saga and restitution issues, the… Continue Reading

All Sides Show Their Cards on Detroit Institute of Arts Collection as Bankruptcy Trial Begins

Posted in Deaccession, Detroit Bankruptcy

Opening statements concluded in the Detroit Bankruptcy trial yesterday, and as expected, the role of the art at the Detroit Institute of Arts played a central role. Although opening statements constitute nothing of evidentiary value, they obviously show the road map that the various sides intend to follow. Thanks to courtroom reporting, we have a… Continue Reading

Corcoran Merger Approved, Cy Prés Ruling Treats Deaccession as Non-Starter in Concluding that Status Quo is Untenable

Posted in Cy Pres, Deaccession, Museums, Trusts

 As reported initially, Judge Robert Okun of the District of Columbia Superior Court allowed yesterday the cy prés petition by the trustees of the Corcoran Gallery and the Corcoran College of Art + Design.  The full opinion can be read here.  The petition asked to reform the trust of William Corcoran to permit a merger… Continue Reading

Court Grants Corcoran Cy Pres Petition to Merge with National Gallery and George Washington University

Posted in Cy Pres, Deaccession, Museums, Trusts

News broke this afternoon that Judge Robert Okun has allowed the Corcoran Gallery and Corcoran College of Art + Design’s News broke this afternoon that Judge Robert Okun has allowed the Corcoran Gallery and Corcoran College of Art + Design’s cy prés petition to modify their governing trust to merge operations with the National Gallery… Continue Reading

Corcoran Cy Prés Trial Wraps Up, Whether Judge Thinks Deaccessioning is Worse than the Alternatives Will Influence Final Result

Posted in Cy Pres, Deaccession, Museums, Trusts

The two-week trial over the possible reformation of the Corcoran Gallery and the Corcoran College of Art + Design ended last week, with Judge Robert Okun expected to rule by the end of the month. The trustees, as proponents of cy prés reformation, put of a case of dire financial straits.  Without reformation and merger… Continue Reading

First Week of Corcoran Cy Prés Hearing Wraps Up, Focus is on Financial Condition and Other Alternatives to Proposed Merger

Posted in Cy Pres, Deaccession, Museums, Trusts

Judge Robert Okun closed the first week of hearings yesterday on the proposed modifications to the Corcoran Gallery and the Corcoran Gallery of Art + Design in Washington, DC.  The Corcoran’s trustees have petitioned the DC Superior Court for cy prés, to modify the trust that governs the two institutions to allow mergers with the… Continue Reading

Not so Fast—Intervention into Corcoran Cy Pres Case Allowed for Current Students and Employees, “Save the Corcoran” Turned Away

Posted in Cy Pres, Deaccession, Museums, Trusts

The Washington Business Journal‘s Rebecca Cooper tweeted today from the courtroom today that District of Columbia Superior Court Judge Robert Okun has allowed in part the motion to intervene in the Corcoran Gallery cy prés petition.  Reports are that current students of the College of Art + Design, as well as current Corcoran employees were… Continue Reading

District of Columbia DA Supports Corcoran Cy Pres Petition, Focuses on Potential Sanctions for Deaccession

Posted in Cy Pres, Deaccession, Museums, Trusts

The Washington, DC District Attorney Irvin Nathan has filed his brief concerning the Corcoran Gallery’s cy prés petition to reform the museum and College of Art + Design with the National Gallery of Art and George Washington University.  To put it succinctly, “The District supports entry of the Proposed Order because the proposed cy pres… Continue Reading

Corcoran Trustees Respond to “Save the Corcoran” Motion to Intervene, Argue That Challengers Lack Distinct Interest

Posted in Cy Pres, Deaccession, Museums, Trusts

The trustees of the Corcoran Gallery and the Corcoran College of Art +Design have responded to the recent motion by a group of students, faculty, staff, and interested supporters have filed a motion to intervene in the Corcoran’s cy prés petition to merge with the National Gallery of Art and George Washington University.  The proposed… Continue Reading

Corcoran Cy Pres Petition Challenged by Students, Staff and Community Group. Will “Save the Corcoran” Be Another “Friends of the Barnes” Case?

Posted in Cy Pres, Deaccession, Museums, Trusts

After months of uncertainty about the future of the Corcoran Gallery of Art in Washington, DC, the Corcoran’s Trustee’s filed a petition on June 17, 2014 for cy pres—to revise the terms of the trust that administers the museum and the Corcoran College of Art + Design.  The Corcoran’s financial condition, they argue, make the… Continue Reading

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

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

Detroit Institute of Arts Grand Bargain Not Done Yet, Creditors Claim to Have Purchaser Willing to Pay Nearly $2 Billion for Entire Collection

Posted in Deaccession, Detroit Bankruptcy

Since reports last month that a grand bargain had been struck to provide an infusion of cash to the Detroit bankruptcy in exchange for conveying the artwork at the Detroit Institute of Arts back to the museum itself, it has been largely accepted that the deal would succeed.  The deal would contribute $366 million from… Continue Reading

Last Call: “Selling the Museum’s Collection: Is Deaccessioning Ever Appropriate?” on Monday

Posted in Deaccession, Detroit Bankruptcy, Events

A 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

“Selling the Museum’s Collection: Is Deaccessioning Ever Appropriate?” at Columbia October 28, 2013

Posted in Deaccession, Events

A 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

Detroit Institute of Arts Deaccessioning: Municipal Bankruptcy, Existing and Proposed Changes to Michigan Law Affect Debate

Posted in Bankruptcy, Collections, Deaccession, Legislation, Museums

An important qualifier to the discussion about deaccessioning and the Detroit Institute of Arts is that although DIA is a subdivision of the bankruptcy debtor (Detroit), that debtor is not any old commercial entity.  Rather, Detroit is a municipality, and municipal and state debtors are governed by slightly different rules than private parties.  The underlying… Continue Reading

Detroit Institute of Arts and Motor City Bankruptcy: Deaccessioning Fact and Fiction, Hope and Reality

Posted in Collections, Deaccession

The recent filing by the City of Detroit for bankruptcy—the largest such municipal filing in history—has brought with it an unexpected art law twist.  Namely: to what extent can, or should the collection of the Detroit Institute of Arts be used to satisfy the city’s creditors.  As one might expect, the differences between what the… Continue Reading