Your Browser Does Not Support JavaScript. Please Update Your Browser and reload page. Have a nice day! February 2019 – Center for Art Law

February 2019

Shutdown of Space Art. The government shutdown, which affected multiple art entities, had also stalled the deployment of Trevor Paglen’s space sculpture. Now that the shutdown has ended, hopefully the deployment will be scheduled.

No More Brazilian Ministry of Culture. Brazil’s new president, Jair Bolsonaro has dissolved Brazil’s culture ministry, after stating that Brazil’s Rouanet law, which allows organizations to use up to 1% of income tax to fund cultural activities, was a “waste of resources.” Members of the artistic community worry about the effects of the new president’s policies on the arts.

A One-Sided Report? French antique dealers react after the Savoy-Sarr report on restitution of cultural property was released without having been consulted. They claim that the report, commissioned by French president Emmanuel Macron, has not fully realized the overreaching ramifications of the report. In response, Felwine Sarr and Bénédicte Savoy claim the report has been misconstrued and oversimplified by the media and other critics to create fear.

The Cost of Provenance. Bern’s Kunstmuseum is seeking funding from the Swiss government for a provenance audit, after a connection between Georges F. Keller, who donated the works, and Etienne Bignou, a French art dealer and known Nazi collaborator, is reexamined. Keller’s donated artworks include pieces by Matisse, Dali, Picasso, and Modigliani, which came to the museum with little documentation. Accordingly, the museum determined that further investigation is imperative.

Diktats of Authenticity. Berlin police have seized three watercolor paintings, purportedly painted by Adolf Hitler, from the Kloss Auction House. Police received a tip questioning the paintings’ authenticity and the works are now being examined.

Artifacts Task Force. The British Museum has established an elite task force to combat the illicit trade of Egyptian and Nubian artifacts. The task force’s sole purpose will be to detect suspicious objects and falsified provenance documents.

Back to MandelGermany returned a painting stolen by the Nazis to the heirs of French Jewish politician Georges Mandel. The nineteenth-century painting by Thomas Couture, entitled “Portrait of a Sitting Young Woman,” was discovered in a collection bequeathed to the Kunstmuseum by Cornelius Gurlitt, son of Hildebrand Gurlitt, Hitler’s art dealer.

The Art of the Steal. On January 10th a man and woman entered Team Gallery in SoHo and stole an Ann Pibal painting titled “CBLT” worth $12,000. This echoes another heist in a Russian gallery, where a man was caught on camera casually taking a painting off the wall of a major Moscow art gallery and calmly walking out with it under his arm.

Briefly Understanding Tax Laws. Section 1031 of the old tax code allowed investors to use the sale of one piece of property (or, in this case, art) directly toward the purchase of another and get a tax break. After Section 1031 was repealed in 2017, the Trump administration replaced it with “Opportunity Zones.” This allows art collectors to invest the profits of their sales in opportunity funds, thereby lowering the collector’s taxes.

Robots Are Taking Over. Koons has continued to lay off employees, in an attempt to create a decentralized, automated production. In 2015 Koons had roughly 100 assistants working in his New York studio, but as of the start of 2019, only about 20 remain. Meanwhile, Koons continues venturing towards offsite businesses, such as his stone-cutting facility,  called Antiquity Stone in Pennsylvania, as well as hiring advisers and subcontractors internationally.

Love in the Baden-Baden. A German museum in Baden-Baden will be the first to exhibit Banksy’s Love in the Bin, the work which was shredded when sold at auction in London. The work will be displayed from February 3 to March 3, in an exhibit exploring the act of imploding the art market while simultaneously advancing it.

Deaccession & Revelations. The controversial deaccession of a Sekhemka statue by the Northampton Museum & Art Gallery reappears in the news with a new twist. It appears that the 7th marquess of Northampton, whose predecessor had donated the statue to the museum, attempted to purchase the statue before it was controversially sold at auction to an unknown buyer.

Leonard-NO. In commemoration of the 500th anniversary of Leonardo Da Vinci’s death, the Louvre is creating an exhibition, for which the Italian government had agreed in 2017 to loan the Louvre a number of the artist’s works. However, Italy is now blocking the loan. The dispute is steeped in the cultural tension, as Leonardo lived his life in Italy, but died in France. This tension echoes Vincenzo Perugia, who stole the Mona Lisa in 1911 and tried to sell it to an Italian gallery, under the mistaken belief that it had been stolen from Florence.

Conflict Over Stella. Art dealer, Anatole Shagalov has issued a summons against the Paul Kasmin Gallery for “defamation, negligence, and rescission of contract.” Shagalov claims that the suit arose from a 2017 publication in which Kasmin falsely claimed an ownership interest in a Frank Stella work owned entirely by Shagalov. Complaint has yet to be made available online.

Conflict of Interests. Charles C. Bergman, chairman and chief executive director of the Pollock-Krasner Foundation, died in February of 2018. Now, Stuart Levy, Bergman’s widower, is accusing their lawyers, Ronald and Janet Spencer, of forcing his late husband to give them the right as executors over his estate. Levy’s court filings NY Surrogate’s Court include a list of the Spencers’ manipulative actions, in hopes of disqualifying them from serving as successors.