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Artist Legacy and Estate Planning Clinic (Jun. 2023)

March 1, 2023

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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

Red List of Brazilian Cultural Objects at Risk is

Red List of Brazilian Cultural Objects at Risk is OUT.

On February 14, 2023, the International Council of Museums (ICOM) published the Red List of Brazilian Cultural Objects at Risk, as a conclusion of an 8-year effort. The Director of ICOM Brasil Roberta Saraiva Coutinho who contributed to the list illustrates the difficulty of drawing up the list “to make the Red List it is important to know if the country has a strong legislation. You can only put on a Red List an object that is under protection.”

Brazil is a megadiverse country with a rich heritage. It also has a continental-sized territory and porous borders. Despite its robust domestic legislation and international laws, Brazilian heritage is still at risk of trafficking.

The five categories included in the Red list are archaeology; sacred and religious art; ethnographic objects; paleontology; and books, documents, manuscripts, and photographs–all of which are found to be most targeted by traffickers in market studies conducted by ICOM. The list is created for increasing awareness of heritage trafficking and providing a tool for law enforcement and collectors.

Find the link to the full text of Brazil Red List in our bio. Red Lists focusing on 19 other countries have also been created by ICOM.

Image: ICOM
References: https://buff.ly/405qgv9, https://buff.ly/3mQgT49

#Museums #ICOM #culturalheritage #Culture

Do all roads still lead to Rome? Not necessarily..

Do all roads still lead to Rome? Not necessarily... but if your travels shall bring you to this eternal city, consider visiting the exhibit "ARTE LIBERATA 1937-1947: Masterpieces saved from war” at Scuderie del Quirinale. A temporary exhibition running through April, it tells the inspiring stories of Italian cultural heritage protection in the years leading up to and during World War II.

Whether preparing for a visit or simply looking to get some insight on the topic, take a look at Livia Solaro's review of the exhibit, now up on our website.

Link is in our bio!

#Italy #Museum #Exhibition #Art #Law #ArtLaw #WorldWarII #WW2 #CenterForArtLaw

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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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