Copyright Law

Framing Art Vandalism

Posted on May 12, 2009
An interesting student note by M.J. Williams in the Brooklyn Law Review arguing for legal recognition of art vandalism separate and distinct from other forms of vandalism. As a bonus, it includes an appendix of reported instances of art vandalism in public institutions over the last 30 years.

"Obama Continues to Promote Limits on Charitable Deductions"

Posted on May 12, 2009
The Chronicle of Philanthropy has the latest.

"Ultimately the administration decided that the government should hold onto more tax revenue to improve health care"

Posted on May 07, 2009
The director of the White House domestic policy council tells foundation officials that President Obama?s plan to limit charitable tax deductions "was hotly debated in the White House."

Third-Party Guarantee

Posted on May 07, 2009
At Christie's last night, a Picasso was sold by Jerome Fisher, a founder of the footwear company Nine West and (according to the NYT's Carol Vogel) "a victim of the Bernard L. Madoff swindle," for $14.6 million. The WSJ's Kelly Crow adds some further detail:"Before the sale, the auction house had signed up outside investors to promise the seller of the Picasso a prearranged price for the painting...

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MOCA Update

Posted on May 07, 2009
The LA Times's Mike Boehm has an update on the California attorney general's investigation into LA MOCA's finances -- "the withered state of which became a running news story last November and December."

More Art-Related Bankruptcy News

Posted on May 06, 2009
The Wall Street Journal reports: "The art lovers at a once high-flying subprime mortgage lender now under bankruptcy protection and California?s insurance regulator have settled their fight over collection of Ansel Adams prints. Fremont General Corp...

Salander Bankruptcy Compromise

Posted on May 06, 2009
Bloomberg's Philip Boroff has the latest on the Salander bankruptcy: "Bank of America?s First Republic unit agreed to share proceeds from the sale of art with other creditors of the bankrupt Salander-O?Reilly Galleries LLC. The compromise was announced [Monday] in U...

On Repulsiveness

Posted on May 05, 2009
In a post last night, I noted that, in his response to the interim report of the Future of the Rose Committee, Christopher Knight had asserted, without argument, that it is ethically "repulsive" to sell art and use the proceeds to pay for university expenses...

"Though sophisticated heists at museums garner big headlines, most art thefts in the United States occur in run-of-the-mill burglaries"

Posted on May 04, 2009
The Kansas City Star had a story yesterday on the FBI art crime unit, which has recovered "more than 1,000 items worth more than $135 million."

"Generally, the donor?s recourse is to not make future gifts"

Posted on May 04, 2009
NYT "Wealth Matters" columnist Paul Sullivan had a piece over the weekend on the "battles between dead donors and nonprofits [that] are increasing as the economy worsens." He says that "when the donor is alive, redirecting funds is simple: a charity asks and the donor agrees or disagrees...

On the Rose Report

Posted on May 04, 2009
I've now had a chance to read the interim report of the Future of the Rose Committee, and I'm not sure it's right to describe it, as the Boston Globe did, as "a vote of confidence for the beleaguered administration."It is true that it begins by echoing the point I've made here on several occasions that "the Administration has changed its thinking in substantial ways":"Brandeis is not closing the Rose and selling all the art work, though we must say in the same breath: it remains a possibility that some will be sold...

Not a Dirty Word

Posted on May 01, 2009
Both the New York Times and the Washington Post pick up the story of the Hirshhorn's deaccessioning of three Eakins portraits. The stories emphasize that the decision came after "a two-year assessment"; that the museum has 217 other works by Eakins; and that the three works have not been exhibited at the Hirshhorn since 1977...

"We assume that whatever decisions the board makes regarding such sales, there will remain a substantial collection of art"

Posted on May 01, 2009
The Future of the Rose Committee issued an interim report today. The Boston Globe's Geoff Edgers has the story.

"Notably lacking has been a research tool for responding to claims by a foreign government that it owns specific works of art"

Posted on May 01, 2009
The Art Newspaper's Martha Lufkin reports: "The International Foundation for Art Research (IFAR) has launched a website compiling foreign cultural property laws and other information affecting the ethics and legality of transferring cultural property...

Dali Theft

Posted on May 01, 2009
From a Dutch museum today.

There Ought To Be A Law

Posted on May 01, 2009
The Art Market Monitor anticipates some art-related special legislation.

"I think that copyright comes into conflict with critical discourse"

Posted on May 01, 2009
At the press preview for the Met's new "Pictures Generation" show, Lee Rosenbaum talks to curator/critic Douglas Crimp -- and sneaks a little art law into the conversation:"Q: How does this show relate to the Shepard Fairey controversy? "A: These were among the artists who tested the copyright laws and the whole notion of appropriating images became a kind of discourse, so younger artists could pick up on it very easily...

These Days, Every Potato Counts

Posted on April 30, 2009
Josh Baer: "Solange Herter has sued Christie?s and Lisa Klapstock seeking title to a Calder collage that he alleges was stolen from him (this suit seems awfully small potatoes to come to NY Supreme Court)."

"Opportunistic litigation"

Posted on April 29, 2009
When I first heard about Clint Arthur?s class action lawsuit against LA MOCA last summer, I wrote: "Leaving aside the question of what 'losses' [Arthur] has sustained, wouldn't the class have to be composed of only those buyers who are willing to return their prints in the condition they were received (in order to be eligible for damages under the statute)? And isn't it likely that, at the end of the day, that turns out to be a class of one?"It turns out I overcounted...

Put a Bow On It

Posted on April 29, 2009
The lawsuit over Claes Oldenburg and Coosje Van Bruggen's "Collar and Bow" sculpture has settled. Mike Boehm has the story here. I mentioned the lawsuit about a year ago here.The terms of the settlement are confidential, but Oldenburg tells Boehm, "We were not at all penalized in any way, and did not have to pay any money...

"We're trying to figure out what exactly applies and what has taken place in the intervening 110 years"

Posted on April 28, 2009
The Chicago Tribune: "Ramping up his campaign against the Art Institute of Chicago's pending 50-percent general admission increase, Ald. Ed Burke (14th) is trying to compel the museum to increase its free hours by enforcing an ordinance that is more than 100 years old...

Out from under the aegis

Posted on April 27, 2009
Lee Rosenbaum makes an interesting find in the Montclair Art Museum bookstore.She also learns that the Hirshhorn is selling three Eakins paintings at Christie's.Remember: "once an object falls under the aegis of a museum, it is held in the public trust, to be accessible to present and future generations...

"Topic A, B, C, and D"

Posted on April 27, 2009
The Philadelphia Inquirer's Stephan Salisbury previews this week's annual meeting of the American Association of Museums: "despite the multiplicity of interests and the range of institutional sizes and locations, there will be one thing on everyone's mind...

Loose Talk

Posted on April 27, 2009
Richard Lacayo reviews two new books on the 1911 theft of Mona Lisa: "Unfortunately, the authors of both books have decided to pad out their texts by resurrecting an utterly unsubstantiated version of who might have been behind the heist."Related post here.

"[Sellers] just aren?t into gambling anymore and auctions are no longer a sure thing"

Posted on April 27, 2009
Carol Vogel had a piece in yesterday's New York Times on the increase in private sales (at the expense of auctions): "For many sellers, the driving factor is fear. Fear that their friends will discover they need money. Fear that if a [work] does not sell at auction, it will be considered yesterday?s goods...

"Who Should Own the World's Antiquities?"

Posted on April 27, 2009
Hugh Eakin examines the question in the New York Review of Books.

Montclairity

Posted on April 25, 2009
Lee Rosenbaum heard back from the AAMD on the Montclair deaccessionings. They say everything is fine:"Placing funds derived from deaccessions in an endowment restricted only to acquisitions is entirely consistent with AAMD policy since the funds generated by such an endowment may only be used for acquisitions...

"What appears to be a misguided lawsuit"

Posted on April 24, 2009
The LA Times had an update today on Clint Arthur's lawsuit against Louis Vuitton over the Murakami prints he bought in Jan. 2008 at the Louis Vuitton boutique that had been set up as part of the "Copyright Murakami" exhibition at L.A. MOCA.I took a quick look on PACER, and it seems Arthur is doing better in the press than he is in court...

"Can you legitimize some of the better street art without opening the door to any run of the mill, mindless graffiti?"

Posted on April 23, 2009
More of Richard Lacayo's conversation with ICA Boston director Jill Medvedow. Previous post here.

"When people think of stolen art, you think of famous cases and what ends up in movies. It seems the bulk of stolen items are fairly low value."

Posted on April 23, 2009
The Art Market Monitor interviews Art Loss Register General Counsel Chris Marinello.

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