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Jane Kinsella

August 22, 2022

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Bull’s-Eye: Making Heads or Tails of the Manhattan DA’s Antiquities Trafficking Unit

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Case Review: Maestracci v. Helly Nahmad Gallery Inc. (2014)

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Join the Center for Art Law as we welcome Jennifer

Join the Center for Art Law as we welcome Jennifer Novak-Leonard, professor, academic and author of Considering Cultural Integration In the United States: Empirical essays on Immigrants Arts Participation. Prof. Novak-Leonard will discuss her research focusing on the social roles of immigrant artists, the arts and creativity; and how they impact people and communities through policy and practice.

This is of particular interest to the Center for Art Law and germane to the Visual Artist Immigration Clinic we provide. Launched in 2020, the Visual Artist Immigration Clinic is designed to guide emerging visual artists through the process of obtaining a visa to the United States.

About the Speaker:
Jennifer Novak-Leonard, PhD, is Research Associate Professor and Research Director of the Arts Impact Initiative in the College of Fine and Applied Arts. Her work focuses on the social roles of arts, artists, and creativity; how they impact people and communities; and implications for policy and practice. She specializes in the development and use of novel measurement systems to understand cultural participation and the personal and public values derived from these experiences to inform multiple domains of public and social policy. Her research examines racial, ethnic, and socio-economic inequities in outcomes and opportunities for arts, artists, and movements toward cultural democracy.

Novak-Leonard has led numerous applied research efforts. Recently, she led the redesign of the National Endowment for the Arts’ 2017 Survey of Public Participation in the Arts. From 2016-2020, Novak-Leonard was the Principal Investigator of one of the four inaugural National Endowment for the Arts’ Research Labs. She serves as the Board Vice President and Research Director for the Strategic National Arts Alumni Project (SNAAP) and on the editorial advisory boards of Cultural Trends, Artivate: A Journal of Entrepreneurship in the Arts, and The Journal of Arts Management, Law and Society.

Register via the link in our bio!

#Art #Law #ArtLaw #ArtIndustry #ImmigrantArt #CenterForArtLaw

Artists seeking O-1 work visa in the US must have

Artists seeking O-1 work visa in the US must have a demonstrated record of extraordinary achievement, recognized nationally or internationally. The question is, what does it take to be extraordinary?

Join us for a workshop with Elektra Yao, founder and principal attorney at Yao Group, a firm dedicated to international and domestic artists as she discusses the technical aspects of the O-1 visa as well as the complexities such as understanding professional title requirements.

Part of our immigration clinic offerings, the workshop is designed for artists and lawyers interested in the intricacies of the O-1 visa process of constructing a successful petition.

Register for the workshop via the link in our bio!

#Art #Law #ArtLaw #ImmigrationLaw #Workshop #CenterForArtLaw

Turkey’s battle to reclaim ‘Stargazer’ has l

Turkey’s battle to reclaim ‘Stargazer’ has lasted for years.

The Turkish government filed a formal complaint in a New York federal court to stop the Christie’s from selling the Stargazer in March 2017. However, the Stargazer was ultimately sold for $12,700,000 to a buyer who has never taken it into possession. As a result, the Stargazer remained with Christie’s, pending legal ruling in the title dispute.The Turkish government has been taking robust motion practice since then.

Fast forward to March 8, 2023, the 2nd U.S. Circuit Court of Appeals in Manhattan judged that Turkey cannot recover ‘Stargazer’ because it “had reason to know” the whereabouts of ‘Stargazer’ since the 1990s. Its tardiness in filing a formal complaint is suspicious. Judge Rosemary Pooler wrote "Turkey's failure to bring its claim (or even investigate it) until 2017 was unreasonable."

Interested in the history of the case? Read a case review published by the Center for Art Law at via the link in our bio.

While you're there, remember to sign up for our Case Law Corner for more case summaries!

Source: https://buff.ly/3yskJ6q
Image: Center for Art Law

#GuennolStargazer #ArtNews #CulturalProperty #Art #Law #ArtLaw #CenterForArtLaw

On November 15, 2021, the Biden Administration ena

On November 15, 2021, the Biden Administration enacted a 20-year moratorium on oil and gas drilling around Chaco Culture National Historical Park. What does this mean for the historic site? Is there still more to be done? What does it reveal about the relationship between the government and cultural heritage protection?

In the article "Protecting Chaco Culture National Historical Park: When Culture and Congress Clash," KimberMarie Faircloth explores this particular case while providing a larger legal context for policy decision-making in the United States.

Read more via the link in our bio!

#ArtLaw #Art #Law #CulturalHeritage #CulturalHeritageProtection #CenterForArtLaw

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Street artist Banksy’s sculpture Grappling Hook

Street artist Banksy’s sculpture Grappling Hook has been seized by Gwent police in Wales as suspected proceeds of crime under the Proceeds of Crime Act 2002. The sculpture that is described as a “military-grade grappling hook and combination spiritual ornament” was sold at auction in 2019 for £93,750.

Court documents reveal that two other Banksy’s works– White Tower and a satirical portrait of the late Queen called Monkey Queen have also been seized by the police. Gwent police declined to give any details of the seizure of the artwork.

The future of the seized works might be permanently confiscated or, in the event of criminal convictions, be sold off if they are deemed to be the proceeds of crime.

Read more via the link in our bio!
Image: https://buff.ly/1LXnei0

#Banksy #ArtLaw #Art #Law #ArtLawCrime #CenterForArtLaw

On Wednesday, April 5th, 2023 Center for Art Law a

On Wednesday, April 5th, 2023 Center for Art Law and DLx Law cordially invite you to a thought-provoking event on the intersection of digital art and the law.

Join us for the inaugural session of what we hope will be a recurring series of informal discussions where we will talk about the legal issues surrounding digital art and its future.

Elena Zavelev (CADAF), Lewis Cohen (DLx Law), and Irina Tarsis (CfAL) will delve into crucial topics such as the digital art scene today, collectors’ perspectives, as well as artists’ business strategies when working with digital platforms. The discussion will also explore new creative opportunities of NFTs and their legal implications for digital artists.

This will be an in-person event, designed for a limited audience of 20-25 professionals. Refreshments will be served.

Kindly RSVP at your earliest convenience to secure your spot. Link is in our bio!

Explore how some of the most successful forgers fo

Explore how some of the most successful forgers fooled the expert community, and how to detect fakes and forgeries when examining artworks. Doug Bort, Founder, Managing Partner, and Lead Investigator of Odyssey Global Consulting, LLC, will discuss art and cultural property crimes, including international investigations and undercover operations during a 21-year career as a special agent with the U.S. Customs Service and Homeland Security. He will also discuss the exploitation of a famous indigenous artist and how thousands of fakes were created in his style. Knowledge gained from experts with decades of experience in the field to determine whether an object’s authenticity may be suspect will be discussed, as well as when provenance information may raise further suspicions.

Doug Bort is the Founder, and Lead Investigator of Odyssey Global Consulting, LLC. Prior to that, he spent twenty-one years as a Special Agent with the United States Customs Service and Homeland Security Investigations.

During his tenure with Homeland Security Investigations, Doug represented the United States in international investigations around the world and was heavily involved in United States national policy decisions and international diplomacy. His work has resulted in the recovery and return of over $3 million worth of cultural property to its rightful owners.

Notably, Doug developed and operated an extremely effective undercover platform which targeted the illegal sales of cultural property, art and antiquities, including sales that funded international terrorist organizations. He was also instrumental in cultivating, developing, and conducting training for other Special Agents and law enforcement agencies, both in the United States and abroad, pertaining to the investigation of art and cultural property crimes.

Now in the private sector, Doug uses his vast knowledge and extensive experience to provide expert services to museums, private collectors, insurance companies and other individual clients.

Register via the link in our bio!

#Art #Law #ArtLaw #Forgery #ArtCrime #CulturalPropertyCrimes #CenterForArtLaw

Even as the art world adapts to new technologies,

Even as the art world adapts to new technologies, frameworks, and policies, long-standing precedence prevails. In the United States, the McClain Doctrine has been a defining cornerstone in cultural property litigation -- and it doesn't look like it's going anywhere anytime soon. For the 45th anniversary of United States v. McClain, Kelly Cannici reflects on the McClain Doctrine's legacy In "Heritage of Law: McClain at Forty-Five." Looking at its impact and future, she draws a conclusion on its expanding applications and unrelinquished relevancy in U.S. cultural heritage law.

Read more via the link in our bio!

#Art #Law #ArtLaw #CulturalHeritage #CulturalHeritageLaw #CenterForArtLaw #CulturalHeritageProtection

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27 Mar

Our March Newsletter is out! "Case Opened"

Tell us what you think and subscribe to the April ...issue!
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Center for Art Law @itsartlaw ·

27 Mar

Art Law Colloq: Apr. 19, 2023 -- Considering Cultural Integrity: Immigrant Contribution to the Arts ... with Dr. Jennifer Novak-Leonard

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