"April Marathon"
Art Law Blast
April 2024
It is spring again. The earth is like a child that knows poems by heart.
― Rainer Maria Rilke
Countdown is on. Spring internship is winding down and we are reading excited emails from our Summer 2024 cohort. We are putting finishing touches on the May Art Law Conference and we are looking to the end of our Fiscal Year (May 31st) with a raised eyebrow (if not a stretched out hand) thinking, who will make the list of Friends of the Center this year (will it be you? again?).
Our April 2024 Newsletter issue has an embarrassment of riches, including dream jobs (Provenance Researcher at Christies), terrific articles (Serra Art Law Obituary, case reviews, research on evidence for cultural heritage cases and AI/Human Art making), and important titles in our digital art law library.
If you missed any of our Spring 2024 events (Celestial Art Law was a blast), they are archived and waiting for you on our YouTube Channel. If you want to volunteer with the Center, or opine on how we can do things better in the coming FY, let us know. We are nothing if not creatively flexible and legally curious, working our art law muscles. Keep up the good work and remember, art law like life, it’s not a sprint, it’s a marathon and light shines in the darkness.
Onwards,
Center for Art Law Team
Image: Oleksiy Kustovsky
Content
In Brief
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Teacher Secretly Sold His Students’ Art on Mugs and Shirts
Parents of a dozen students at a junior high school near Montreal, Canada have filed a lawsuit after finding thousands of items displaying student works, such as mugs, cushions, bags, and apparel, for sale online. In January, art teacher Mario Perron assigned students to draw a classmate or self-portrait in the style of Basquiat. On February 8th, a student showed his parent items for sale on Fine Art America, an online art marketplace, which displayed the works submitted by students and listed Mr. Perron as the artist. The parents sued Mr. Perron and the school board under the Canadian Copyright Act and are seeking 2.16 million Canadian dollars in damages. Read more here. (HJ)
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Iconic Installation by Mary Miss in Des Moines Is Temporarily Saved From Demolition
Parents of a dozen students at a junior high school near Montreal, Canada have filed a lawsuit after finding thousands of items displaying student works, such as mugs, cushions, bags, and apparel, for sale online. In January, art teacher Mario Perron assigned students to draw a classmate or self-portrait in the style of Basquiat. On February 8th, a student showed his parent items for sale on Fine Art America, an online art marketplace, which displayed the works submitted by students and listed Mr. Perron as the artist. The parents sued Mr. Perron and the school board under the Canadian Copyright Act and are seeking 2.16 million Canadian dollars in damages. Read more here. (HJ)
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Artwork about Anti-Asian Discrimination Stolen From NYC Art Nonprofit
A textile piece by Julia Kwon was stolen off the walls of the UrbanGlass Art Center in Brooklyn, New York in January 2024. The stolen work was entitled AAPI Hate Affects AAPI Mental Health (71.7% of the respondents who experienced hate incidents during the pandemic report anti-Asian discrimination to be their greatest source of stress, much higher than any other pandemic concerns) (2021). Kwon represented this statistic with a variety of multicolored silk rectangles stitched together to create a bojagi, a traditional Korean wrapping cloth. Security camera footage shows the thief coming into the gallery, taking the piece off the wall, shoving it in their pocket, and leaving the gallery. UrbanGlass curator Alpesh Patel said that the theft “feels like an act of hate upon a work dealing with hate.” Read more here. (HJ)
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One Year & A Copyright Infringement Allegation Later, Digital Art Basel Shuts Down
NFT website digitalbasel.io has been shut down after Art Basel accused the company of copyright infringement. Digital Basel claimed to sell NFT versions of artwork that usually participated in Art Basel fairs. The images used were often not for sale or even listed on Art Basel’s gallery website, but according to Digital Basel galleries would pay to have their art posted through their website. Meanwhile, multiple galleries have denied having a connection with Digital Basel. In March of 2023, Art Basle issued a cease-and-desist letter to Digital Basel in order to protect the gallery’s reputation and its artists’ rights. Read more here. (EJS)
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Ruben Masterpieces Remain at the Courtauld Institute in London
Three paintings by Peter Paul Rubens will remain in the collection of the Courtauld Institute in London, according to the UK’s Spoliation Advisory Panel. The paintings once belonged to a German banker, Franz Wilhelm Koenigs, until the bank liquidated its assets to Dutch bank N.V. Bankierskantoor Lisser & Rosenkranz. The paintings were then sold to Count Antoine Seilern, who gave them to the Courtauld. However, the bank’s shareholders have claimed ownership over these paintings. The U.K. Panel has argued that Koenigs used the paintings to secure a loan and thus lost his right to the work when the bank went into liquidation. Read more here. (EJS)
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The Wizard of Oz’s Ruby Red Slippers Found Over the Rainbow
In 2005, the Ruby Red Slippers from the Wizard of Oz were stolen from the Jury Garland Museum. Eighteen years later, Terry Jon Martin confessed to the crime, and now, Jerry Hal Saliterman has also been connected to the theft. Saliterman is charged with one count of theft of a major artwork and one count of witness tampering. The Ruby Red Slippers are valued at $3.5 million. Martin claims that he was instructed to steal the slippers by a mob associate and that he did not know of their cultural significance. Saliterman will reportedly plead not guilty. Read more here. (EJS)
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Installation 'Ladies Lounge' is for Ladies Only
Artist Kircha Kaechele’s, newest installation Ladies Lounge at Tasmania’s Museum of Old and New Art has caused the museum to be sued for discrimination. At Ladies Lounge, viewers are waited on by a butler and look at priceless art, but only women are allowed to visit. Jason Lau, paid the hefty $500 price for a ticket but was turned away when he tried to see the installation. Jason Lau subsequently sued the museum for discrimination. At the hearing, Kaechele’s supporters arrived in similar styles with matching red lips, and throughout the hearing, they moved in complete synchronicity. Kaechele argues that Tasmania’s Anti-Discrimination Act has a provision “that allows programs that promote equal opportunity for disadvantaged groups” and cites the fact that women have historically been discriminated against. Furthermore, the artist argues that part of the experience of the installation “is being denied something that is desired.” The decision is pending, but it is expected to be released soon. Read more here. (EJS)
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Art Basel Hong Kong Returns Amid Political Tension
Western media sources have voiced concerns about Hong Kong’s political situation and national security laws ahead of the return of Art Basel in Hong Kong. The city is hosting a number of art events in addition to Art Basel amid “Art March,” including Art Central and the Hong Kong Arts Festival, where taxpayers are footing the bill. The city’s West Kowloon Cultural District has found itself in economic trouble as a result of construction delays, cost surges and the Covid-19 pandemic. Concerns have increased about how the city will finance this mega arts hub among a huge projected fiscal deficit. Both citizens and international players are curious to see how this eventful art week unfolds. Read more here. (OZ)
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Officer of Inspector General Audit Questions Smithsonian’s Use of CARES Act Funds
A recent Office of Inspector General (“OIG”) audit revealed issues in the Smithsonian Institution’s use of Covid-19 relief funds received under the 2020 CARES Act. The United States government administered $7.5 million to the Smithsonian for pandemic-related purposes like deep cleaning, security, and staff overtime pay. The OIG’s report stated that the Smithsonian did not consistently spend CARES Act funds in accordance with the policies, laws, and procedures. Specifically, there were nine transactions totaling $1.6 million that the institution failed to adequately justify. Following a few notable fraud and misuse cases by other agencies, this incident reiterates the importance of tracking and justifying pandemic relief funds. The Smithsonian management team classified the purchases of items not related to the pandemic as “simple mistakes.” Read more here. (OZ)
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Over 4,000 Cultural Artifacts Have Been Repatriated to Peru from the US and Europe
4,600 cultural assets, including textiles, ceramics, and clothing, have been repatriated to Peru from the United States and European countries such as Germany, Italy, and Switzerland. Peru’s Ministry of Culture and Ministry of Foreign Affairs worked with the consulates and embassies to return the objects to Peru. 4,556 of the 4,600 items returned came from a collection belonging to late American archaeologist John Rowe. Since 2019, Peru has recovered over 7,000 cultural heritage objects and has remained committed to combating the looting and trafficking of its cultural property. The cultural legacy of Peru is imperative for the country’s identity and the country sees preserving its heritage as important to strengthening sovereignty. Peru will continue seeking repatriation of Peruvian cultural items worldwide. Read more here. (OZ)
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Over 100 Suspected Stolen Paintings Seized in Paris
This February, over 100 Russian avant-garde paintings were seized from a Parisian art laboratory by French court bailiffs. The paintings allegedly belong to Uthman Khatib, a Palestinian businessman located in Israel. Khatib claims that these paintings, among over 800 more, were stolen in 2019 from a storage facility in Wiesbaden, Germany, a theft worth over €100 million. Pieces stolen from this collection have also been located in various European auction houses, and Khatib’s son, Castro Ben Leon Lawrence Jayyusi, promises that he will continue to search for the remaining paintings. Read more here. HEG
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GR2D Takes Copyright World by Storm
The U.S. Copyright Office has proposed a change in rulemaking which will allow group copyright registration of up to ten two-dimensional artworks by the same artist, known as GR2D. If enacted, GR2D will allow an artist to register multiple pieces under one filing fee if they are published within the same thirty-day period. This change would significantly reduce costs for small artists hoping to file multiple pieces and possibly increase registrations. Public comments on this proposal were recently closed. Read the full proposal here. HEG
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Recent Report Reveals Pieces in the Met’s Collection Were Trafficked and Looted
The International Consortium of Investigative Journalists (“ICIJ”) has reported that more than 1000 artifacts in the Metropolitan Museum of Art (“Met”) are linked to looting, trafficking, and lost heritage. Namely, an investigation of the Met’s antiquities collection raised red flags as to the origins of the ancient statues and relics. The ICIJ found that over 100 antiquities in the Met lack records back to a country of origin. Additionally, ICIJ found that, of a catalog of over 250 Nepali and Kashmiri artifacts, only three have origin records explaining how the pieces left the regions. This report reveals a key issue in the art market: transactions totaling millions of dollars may be made with insufficient due diligence by the museums or auction houses. A Met spokesperson said that the museum is in talks with Nepal’s government regarding objects in their collection, and looks forward to an open dialogue to reach a resolution. How the Met responds to these reports may influence how other museums proceed with these concerns going forward. Read more here. (OZ).
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Japanese Artifacts found in Attic
A late World War II veteran’s family recently found looted Japanese art in his attic. His children found scrolls, maps, and pottery, all dated from 18th-19th century Japan. According to CNN, a letter was found among the pieces that confirmed that they had been looted. The family contacted the FBI after discovering the artifacts in their attic, and the objects were returned to Japan in early March. Read more here. (SN).
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Missing Mao
Andy Warhol’s 1971 piece, Mao, was discovered to be missing from Orange Coast College, a California community college. The piece was given by an anonymous donor in 2020, but it was never put on display. Mao stayed in a vault in the college, which required a key card and code to enter. The college began internal investigations in March, but has now reported the loss to the police. The silkscreen print is one of 199 prints of Mao Zedong created by Warhol between 1972 and 1973. Read more here. (SN)
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Gary Tatintsian Gallery and Andrey Isaev Settle Suit
The legal dispute between the Gary Tatintsian Gallery and collector Andrey Isaev over the ownership and sale of two Stanley Whitney paintings has been settled. Isaev claimed that the gallery never delivered either painting to him, collectively valued at a total of $5.25 million US dollars. Because of this, Isaev bought a lesser valued Whitney painting for $1.85 million, with the agreement that the gallery would pay him back the difference of $3.4 million between this work and the original two Whitney paintings he purchased. As of December 2022, Isaev alleged that the Gallery still owed him $2 million dollars, leading Isaev to file a complaint against the gallery for civil theft and fraud in the inducement, ] in the United States District Court for the Southern District of New York. The owner of the gallery, Gary Tatinstian, announced that the gallery will pay Isaev back the $2 million dollars owed, plus interest. Read more here. (SN)
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Proposed CA Legislation to offer "morality and justice" in Nazi-era looted art cases
California state legislators unveiled Assembly Bill 2867 on March 28, 2024 drawing inspiration from a recent court ruling in the Cassirer, et al v. Thyssen Bornemisza Collection Foundation case. This Ninth Circuit’s decision applied Spanish law rather than California law and allowed a museum in Spain to maintain possession of a Nazi-looted artwork. Therefore, the bill aims to help Holocaust victims by ensuring that California law, prioritizing morality and justice, prevails over foreign law in recovery cases of artwork and personal property lost due to persecution. Read more here. (AB)
Appraisers Association of America: 75th Anniversary Gala (SOLD OUT!)
Location:
Rainbow Room, Rockefeller Center (NYC)
Date:
Wed, Apr 24, 2024 6 PM
Sold out! Waitlist available.
Please contact Teresa Caputo, Program Director, to be added to the waitlist.
tcaputo@appraisersassociation.org
Berkeley Art, Finance, and Law Symposium 2024 (May 16)
Interdisciplinary Symposium
Location:
SFMOMA 151 3rd St San Francisco, CA 94103
Date:
Tue, Apr 23, 2024 1 PM
The latest developments at the intersection of art, finance, law, technology, and culture are featured at the upcoming symposium, intended for professionals and enthusiasts interested in cutting-edge research at the intersection of art, finance, law, technology, and culture. Prominent speakers from academia, government, and practice will come together to share their insights on various topics pertinent to the field.
Art Law in Paris (May 22, 2024)
Lecture Series at Science Po
Location:
Paris, France
Date:
Wed, May 22, 2024 5 PM
Join us for the second installment of a two-part lecture series in Paris (in-person) and online. This event will focus on the rapidly evolving landscape of AI regulations in the EU, particularly in the context of the EU AI Act, and their implications for the visual arts sector.
Center for Art Law Annual Art Law Conference 2024 (May 29, 2024)
Conference
Location:
Brooklyn, NY
Date:
Wed, May 29, 2024 12 PM
Remember Sex and the City (Season 6, Episode 16)?
Where to?
Brooklyn. Please.
I don’t go to Brooklyn.
Yeah, neither do I.
Well, that was so 20 years ago! You are invited to our annual Art Law Celebration, a.k.a. Conference at Brooklyn Law School. All the cool kids (lawyers, journalists and judges) will be there! See you in Brooklyn!
ARCA Art Crime Conference
Location:
Amelia, Italy
Date:
Fri, Jun 21, 2024 12 AM
Career Opportunities
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Legal Council, The British Museum (Apr 2024)
Part-Time (3 days per week)
Permanent
£46,742 per annum (Full Time Equivalent)
Application Deadline: 12pm (midday) on Tuesday 9 April 2024
This is an exciting and unique opportunity for an experienced lawyer to join the Legal Services team at The British Museum.
The successful candidate will contribute to implementing the Museum’s Legal Strategy and delivering a sector-leading advisory function. They will provide colleagues around the Museum with accurate, timely and effective advice.
Joining a small and collegial team with a busy and varied workload, candidates will have relevant experience gained in leading firms or comparable in-house roles. They will work closely with the rest of the Legal Services team and Governance Department to deliver high-quality and strategic legal support to colleagues around the institution.
Applicants will have in-depth technical knowledge across a range of key legal areas, including commercial, contract, intellectual property and charities law. They will be adaptable, responsive, and actively engaged in commercial and legal issues relevant to the Museum and Cultural sectors.
The role is part-time (3 days per week), with the possibility of spreading working hours flexibly across the week.
Key Areas of Responsibility:
- Provide high quality in-house legal advice;
- Contribute to implementation of the Museum’s Legal Strategy;
- Work with external legal advisers as required, ensuring value for money;
- Represent the Museum and communicate on its behalf with third parties and relevant external and internal stakeholders;
- Design and provide in-house training courses as required; and
- Provide other support as required.
Person Specification:
- Admitted as a practising solicitor or barrister in England and Wales.
- Relevant experience either in-house or in private practice.
- Sound knowledge and experience of relevant law and practice.
- Able to: carry a varied and unpredictable workload and work to tight deadlines; assess commercial risks efficiently; clearly and concisely provide advice; understand the operational ramifications of advice and find practical solutions; apply knowledge/skills through handling complex problems within and outside area of expertise.
- Professional manner, objectivity, and commercial negotiation skills.
- Able to: listen, and to argue cases coherently with tact and sensitivity; support others in complex decision making; communicate complex legal matters in a clear, straightforward way.
About the British Museum:
Founded in 1753, the British Museum’s remarkable collection spans over two million years of human history and culture. The Museum is one of the leading visitor attractions and its world-famous collection includes the Rosetta Stone, the Parthenon sculptures, Egyptian mummies, the Admonitions Scroll, and the Amaravati sculptures.
The Museum offers a competitive benefits package including:
- Generous annual leave allowance of 25 days (rising to 30 days after 10 years’ service) plus 2.5 privilege days and plus bank holidays
- Membership of the civil service defined benefit pension scheme (find out here what benefits a civil service pension provides).
- Free entry to a wide range of museums and exhibitions
- Participation in private and public Museum activities, including talks by leading curators from around the world and behind-the-scenes opportunities to learn how museums care for and manage their extraordinary collections
- Interest-free travel, bicycle and rental deposit loans
- Professional and personal development opportunities
- Employee Assistance Programme
- Discounts on food and gift shop purchases
Additional details:
For more information about this role, please see the job description.
If you have any additional needs that we should be aware of in order to support you with your application, please provide details to bmrecruit@britishmuseum.org.
The British Museum is committed to promoting equality of opportunity for all staff and job applicants. We aim to create a working environment in which all individuals can make best use of their skills, free from unlawful discrimination or harassment. We value the benefits that a diverse workforce brings to a Museum which represents world culture. The Museum is committed to ensuring that no job applicant suffers unlawful discrimination because of any protected characteristics. Our recruitment procedures aim to ensure that individuals are treated because of their relevant knowledge, skills and experience.
We offer a flexible way of working scheme that allows our employees to work remotely in a way that suits them and the organisation. We welcome questions and conversations at interview stage about how flexible working could work for you.
The Museum adheres to the HMG Baseline Personnel Security Standard (BPSS) for pre-employment screening of Civil Servants.
RSVP HERE
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Trust & Estates Paralegal/Fiduciary Accountant, Sullivan Law
Location: New York, NY
More info HERE
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Guest Experiences Supervisor, The Museum of Science and Industry
Location: Chicago, IL
The Guest Experiences Supervisor is responsible for managing the day-to-day operations of the Guest Engagement Facilitator (GEF) team and supports the Guest Experiences (GE) Department leadership in the delivery of world-class, educational, and engaging experiences including tours, live science demonstrations, and in-depth VIP experiences for all guests, including special event guests. This role will work closely with the Guest Operations (GO) Department, Special Events, and other Museum departments, and work to ensue all Guest Engagement team members are guest-ready and deliver excellent and consistent guest services. This role will also supervise Guest Engagement Facilitator 1s and 2s.
More information HERE
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Attorney Advisor, International (Copyright), Patent and Trademark Office
Location: Alexandria, VA
This position is located in the Office of Policy and International Affairs (OPIA), United States Patent and Trademark Office (USPTO).
As an international copyright attorney-advisor this position will be responsible for ( example) — Assisting the Under Secretary of Commerce for Intellectual Property and the Director of the USPTO in advising the President, through the Secretary of Commerce and Federal agencies, on domestic and international intellectual property issues as well as U.S. treaty obligations.
Apply HERE
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Assistant Director, Programs, New York University
Location: New York, NY
Learn more HERE
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Restitution Researcher, Christie's (NYC)
Specific duties & responsibilities will include but are not limited to:
- Executing due diligence checks on consigned property; including cross-referencing databases, maintaining records, checking archives and library work
- Executing and supporting in-depth research into collectors, collections and objects to support future sales and claims discussion
- Researching and inputting into restitution databases; maintaining integrity of information
- Assisting in preparation of client facing materials, management reports as directed
- Maintaining departmental library and materials
- Contributing to training programs.
- Team administration and support, as needed
- Other projects as directed
The Candidate
- Excellent art historical knowledge and understanding of the events of the Nazi-era
- Familiarity with restitution issues
- English fluency; ability to research in German, French preferred; other languages desirable
- Meticulous and focused approach with a strong eye for detail
- Team player with an ability to work with all departments at Christie’s
- Ability to work under pressure
Learn more and apply HERE
Learning Opportunities
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Heritage and Memory Studies (Heritage Studies)
Across the world, heritage is seen as a corner-stone of cultural identity, a resource for more sustainable living environments and a universal right to cultural expression. Simultaneously, urban and rural spaces, buildings, monuments and even intangible forms of everyday culture are increasingly stage-managed, commodified and imbued with nostalgia. The past is frequently turned into an arena of current social and political conflict.
More Info HERE.
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Membership Directory: Association of Critical Heritage Studies
Take a look HERE.
Also note that the 7th Association of Critical Heritage Studies (ACHS) 2024 will be held in Galway, Ireland, at the National University of Ireland, from the 3rd to the 6th of June 2024.
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The Christie’s Grant for Nazi-era Provenance Research 2024
Christie’s is delighted to announce the second year of the Christie’s Grant for Nazi-era Provenance Research, supporting the next generation of provenance researchers in this field. The grant will be offered to four recipients (£5,000 each), to fund forward-thinking academic, post-graduate research into subjects related to Nazi-era provenance research and restitution.
Deadline to apply: 17 April – 30 June 2024
More Details HERE
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Self-Funded PhD: Understanding Cultural Legal Studies: Interrogating Legal Meanings in Artistic and Popular Culture
Location: University of Dundee
Apply by June 30, 2024
Emerging out of traditions of law and literature, critical legal studies, and law and popular culture, cultural legal studies is an international field that has recently emerged at the cutting edge of the interdisciplinary study of law.
This project seeks proposals for studies that are committed to examining any aspect of the complex interdisciplinary questions opened up by this cutting edge and burgeoning disciplinary arena. It particularly welcomes proposals aimed at elaborating or consolidating the innovations of the cultural legal method, or demonstrating these innovations through in-depth analyses of examples from artistic or popular culture (including the institutional forms of law).
For informal enquiries about the project, contact Dr Thomas Giddens (t.giddens@dundee.ac.uk) and read more HERE.
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IFAR is accepting article submissions
CALL FOR PAPERS: The IFAR Journal fosters interdisciplinary dialogue and welcomes submissions from diverse perspectives, including art historians, legal scholars, museum professionals, government officials, and policymakers. IFAR Journal seeks the following types of papers: research articles, case studies, exhibition and book reviews, and original scholarship on a range of topics spanning but not limited to:
▪ Legal frameworks for the protection and preservation of cultural heritage
▪ Case studies on landmark art law decisions and their implications
▪ Authentication issues and the role of scientific analysis in art attribution
▪ Due diligence in art transactions and the mitigation of legal risks
▪ Ethical considerations in the display and interpretation of cultural objects
▪ Intersectionality of art, law, and social justice movements
▪ Challenges and opportunities posed by digital art, NFTs, and blockchain technology
▪ Best practices for provenance research and restitution effortsLearn more HERE
Sponsors Wanted
We welcome sponsors for our Art Law Conference 2024! The story we tell on the 29t of May will cover creation, legislation, litigation, journalism and judicial work of all the different art law players. “Art Law: The Story” will present the captivating narratives behind litigating, reporting, and judging art law cases.
Do you want to be part of the story? If you are an active member of the art world please reach out! This year we will bring together dynamic panels with invaluable insights into the multifaceted world of art law AND enrich the experience with exhibitors and a silent auction. All funds raised will be used to support our artists’ rights initiatives and bolster the Center’s efforts to provide accessible and affordable legal resources to the artistic community.
Silent Auction AND Design Contest OH MY!
Calling all artists! Show off your artistic skills while supporting the Center for Art Law. From now until May 3rd, the Center is accepting submissions for its first-ever design contest. The theme is Ode to Art & Culture in Brooklyn. Your design could be featured on Center for Art Law tote bags, postcards, and notebooks! Help the Center for Art Law raise funds and serve the art community. You can check out the rules and submit your design in our bio.
The winner will receive 3 tote bags, 20 postcards, 3 notebooks, and a complimentary ticket to our Art Law Conference in May. We will share updates on the winning design at the end of May — around the time of our annual Art Law Conference — as well as more information on how to place an order for your own Center for Art Law tote bag, postcard, or notebook!
Is design not your thing? Please share our design contest with the artistic friends, family, and people in your life!
Contact UsOn Our Calendar
Art & Copyright Law Clinic (April 2024)
The O-1 Visa & the Impact Elections Have on Immigration
Celestial Art Law: Zoom Out There
Some Like it Digital: AI-Generated Art, Litigation & the Law
April 2024 Case Law Corner
Becker – Douglas v. Bonnier Books UK Group Holdings [2024] EWHC 77 (Ch).
Frida Kahlo Corp. v. Individuals, No. 1:24-cv-01805 (N.D. Ill. Mar. 4, 2024)
Galin v. Hamada, 283 F. Supp. 3d 189 (S.D.N.Y. 2017).
Heritage Auctioneers & Galleries, Inc. v. Christie’s, Inc., 2018 NY Slip Op 30255(U) (N.Y. Sup. Ct. Feb. 8, 2018).
Huckabee v. Meta Platforms Inc., No. 1:23-cv-09152 (S.D.N.Y. 2023).
Judd Found. v. Kukje Gallery, Inc., 2024 N.Y. Slip Op 30384 (N.Y. Sup. Ct. 2024).
Art Law Bookshelves
Witnesses to History: A Compendium of Documents and Writings on the Return of Cultural Objects
by Lyndel V. Prott, et al.
Are you interested in the return of cultural objects? Do you want to know more about the fight against illicit trafficking in cultural property? UNESCO has just published the Compendium Witnesses to History edited by Professor Lyndel V. Prott. It is 438 pages of reliable information from some of the worlds leading experts in the field of return and restitution of cultural objects and it extends beyond the purely legal aspect. The Compendium gives an outline of the historical, philosophical and ethical aspects of the return of cultural objects (e.g. cultural objects displaced during war or in colonial contexts), cites past and present cases (Maya Temple Facade, Nigerian Bronzes, United States of America v. Schultz, Parthenon Marbles and many more) and analyses legal issues (bona fide, relevant UNESCO and UNIDROIT Conventions, Supreme Court Decisions, procedure for requests etc.).
Crime and the Art Market
by Riah Pryor
Taking the perspectives of a journalist and a criminal researcher, Pryor examines high-profile criminal cases, illuminating concerns relevant to the art market’s behavior.
Treasures into Tractors: The Selling of Russia’s Cultural Heritage, 1918-1938
by Anne Odom, et al.
Sixteen scholars from Russia, Vienna, and the United States explore the fate of Russian art collections and libraries following the Russian Revolution in 1917, the institutions and individuals responsible for their sale, and the prominent collectors, libraries, and museums that acquired them. Unlike the widely publicized controversy surrounding Soviet-Nazi war loot and its restitution, the sales of the interwar period are not well known outside a small scholarly community. This volume reveals the extent of the Soviet government’s voluntary “realization” of Russia’s cultural patrimony between 1918 and 1938 and its consequences for both the international art market and the perception of Russian art.
War and Justice in the 21st Century: A Case Study on the International Criminal Court and its Interaction with the War on Terror
by Luis Moreno Ocampo
Moreno Ocampo received the unprecedented mandate to trigger the International Criminal Court’s investigation into sovereign states in June 2003, just three months after the Iraq invasion. At the time, there were serious doubts about the ICC’s viability. By 2012, the end of his tenure, the future of the ICC was no longer at risk. However, as Moreno Ocampo’s experiences have shown, what was and still is up for debate is the Rome Statute’s ability to “contribute to the prevention” of future crimes.
Allied Looting in World War II: Thefts of Art, Manuscripts, Stamps and Jewelry in Europe
by Kenneth D. Alford
Looting has long been recognized as one of the crimes committed by the Third Reich during World War II, a crime which stripped economic wealth and artistic treasures from the populations the Nazis terrorized. This historical text reveals the shocking extent of looting by Allied forces, exploring their thievery against the Germans and others. It follows the journey of the Hungarian Crown Treasure from a muddy oil drum in Austria to Fort Knox and back to Hungary, and discusses numerous lost treasures ranging from priceless art works to rare manuscripts, including the earliest known printing by the Gutenberg press.
Brill Research Perspectives in Art and Law
by Tiziana Andina
The interdisciplinary English language journal Art and Law aims to gather contributions to the debate at the intersection of art and law. “The focus of the journal involves all the aspects (philosophical, juridical, sociological, technological, and cultural) characterizing the relationship between art and law. Each issue will be intended as a monographic volume devoted to a specific topic.” “The journal is conceived for a specialized audience, both graduate students and scholars working in the areas of law, art, philosophy, art criticism, history of art, cultural criticism, and social sciences.” The first issue of the journal was published in 2017, and as of 2018, there will be four issues released each year.