Dear Readers,
We have a lot of work ahead of us this year and we invite you to read the January 2025 Newsletter with a fresh set of eyes, mindful of upcoming trends, intellectually curiosity for upcoming publications and decisions, and openness to ideas for collaborations and learning. Next issue will introduce our Spring Interns and exciting new projects, until then consider cultural institutions near you (safe or in danger, from the external or internal forces) and think back on a museum you have visited last, what stories are told or what experiences are omitted from the labels. The image chosen for this issue is the first room of the “A Future for the Past: The Bührle Collection: art, context, war and conflict,” a praiseworthy effort to see from different angles art purchased by the leading arms dealer during and after World War II, on display at the Kunsthaus Zürich (through the end of 2025). Nearly 80 years after, there is still so much to do and say to set straight the injustices that war wreaked on the world. Nazi-looted art and source of funding for the arts, just two of the leitmotivs of art law.
On that note, we are pleased to share with you the announcement that the Center has been selected to received its second National Endowment for the Arts Grant, and we have many complex projects underway to put the much needed funds to good use. Remember to RSVP to our upcoming events and if you have missed one of our archived talks, we invite you to check out our YouTube channel for recordings.
No pep talk, onwards with art law,
Center for Art Law Team
Content
In Brief
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[Art Market] [Taxation] Italy’s Art Market Players Await Tax Reform
Italy’s oldest contemporary art fair, Artissima, took place from November 1-3, with buyers and dealers hopeful about potential changes to art taxation. Italian lawmakers have until the end of the year to decide on a proposal to lower VAT rates on art—a change that could provide a significant boost to the Italian art market. Many dealers are considering relocation if the proposal fails, as high VAT rates have long hindered art trade in the country. This proposal stems from new EU regulations aimed at simplifying VAT structures by early 2025. Read more here. [AP]
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[Art Theft] Amateur Warhol Gallery Heist Leads to Arrest in the Netherlands
On October 29, Dutch police arrested a 23-year-old man suspected of involvement in the recent theft of Andy Warhol screen prints from a gallery in Oisterwijk. The thieves stole two of four prints from Warhol’s 1985 Reigning Queens series, leaving the remaining two prints behind, damaged. The heist was described as “amateurish” due to the thieves’ inability to fit the entire series in their getaway car. Experts believe the theft was likely commissioned by someone intending to view the pieces in private, as the stolen works cannot be sold on the art market. Read more here. [AP]
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[Art Vandalism] Just Stop Oil Activists Banned From Protesting in London, Awaiting Criminal Trial for Damaging Van Gogh Sunflowers Display
Three Just Stop Oil climate activists have been banned from protesting in London as they await a 2026 trial on two criminal charges. The trio allegedly damaged the displays of two Van Gogh Sunflowers paintings with canned tomato soup during an environmental demonstration at the National Gallery. Despite a recent letter from the National Museum Directors’ Council requesting activists to stop targeting artworks, their efforts have continued, prompting the ban. Read more here. [AP]
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[Art Censorship] Curator Sues Arizona City Over Alleged Artwork Censorship
Tiffany Fairall, the former chief curator of the Mesa Contemporary Arts Museum, has filed a lawsuit against the city of Mesa, Arizona, alleging that her First Amendment right to free speech was violated when the municipality demanded the removal of an artwork depicting police brutality from her exhibition. The work at the center of the lawsuit, My Florist is a Dick (2019) by Shepard Fairey, critiques systemic abuses of power in the United States. Read more here. [AP]
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[Art Market Regulations] Sotheby’s Settles Art Case, Paying New York $6.25 Million
The New York Attorney General’s Office accused Sotheby’s of helping collectors evade sales taxes on high-value art purchases. From 2010 to 2020, Sotheby’s allegedly accepted fraudulent resale certificates that allowed buyers to avoid New York state sales taxes on artworks worth tens of millions of dollars. Resale certificates are intended to exempt dealers purchasing works for resale from paying sales tax; however, the lawsuit claimed Sotheby’s knowingly accepted these certificates for purchases intended for private use. Sotheby’s has agreed to pay $6.25 million over three years to settle the lawsuit. Read more here. [MA]
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[Historic Preservation] Wrong or Wright? The Fate of Frank Lloyd Wright's Only Skyscraper Remains Unclear
Frank Lloyd Wright’s Price Tower was slated for auction on November 18th after previous failed sales attempts. Located in Bartlesville, Oklahoma, the skyscraper has been mired in controversy. Shortly after being sold to private investors, artifacts from the building began appearing on online auction sites instead of the promised new restaurants. In October, the private investors filed a lawsuit against the Frank Lloyd Wright Building Conservancy and Price Tower Arts Center, claiming that such sales were permissible and that a prior preservation easement was no longer valid. Meanwhile, unrelated disputes involving the investors’ crypto business have cast further uncertainty on Price Tower’s fate. The property was pulled from auction again on November 16th, and a new auction date has yet to be announced. Read more here. [EF]
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[Forgery] Forgers Foiled: Italy Uncovers a Europe-Wide Network
An investigation that began with the seizure of 200 counterfeit artworks has revealed six forgery workshops across Europe producing fake pieces attributed to Banksy, Warhol, Klimt, Picasso, Modigliani, and others. The syndicate even managed to organize two Banksy exhibitions before authorities seized over 2,100 works valued at approximately €200 million. Thirty-eight individuals in Belgium, France, Italy, and Spain are under investigation for conspiracy to handle stolen goods, forgery, and illegal sale of artworks. Read more here. [EF]
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[Free Speech] Fish or Freedom of Expression: Fake Press Release Lands Artist in London High Court
In a conceptual project, artist Oddur Fridriksson (Odee) impersonated Samherji, Iceland’s largest fishing company, by issuing a fake digital apology allegedly from the company. The work criticized Samherji’s involvement in the 2019 “fishrot” scandal. In response, Samherji accused Odee of trademark infringement and malicious falsehood. A London High Court recently ruled that the press release was an “instrument of fraud, copyright infringement, and malicious falsehood,” finding it did not qualify as parody. Damages will be assessed at a December hearing, though Odee has announced plans to appeal the decision. Read more here. [EF]
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[Art Market Regulations] Restrictions Reduced: New Regulations and Resale Royalties Benefit the Korean Art Market
Earlier in summer, Korea passed the Art Promotion Act to enhance market organization, promote transparency, and address authenticity concerns. Concurrently, the government eased laws restricting the export of art under the Cultural Heritage Preservation and Utilization Act. These changes are expected to significantly impact the Korean and global art markets. While some participants are skeptical about the effectiveness and enforcement of transparency measures, others remain doubtful about the resale royalties set to take effect in July 2027. Read more here. [EF]
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[NFTs] A Big First for U.S. Art Museums
The Toledo Museum of Art has become the first major U.S. cultural institution to purchase a digital work using cryptocurrency. Abyssinian Queen by the artist collective Yatreda ያጥሬዳ, acquired with USD Coin, is now the fifth digital work in the museum’s collection. Members of Yatreda participated in the museum’s residency program for several weeks, creating two new NFTs—one of which was shared with visitors attending the museum’s Ethiopia at the Crossroads exhibit. Additional works from Yatreda’s series are scheduled for sale at Christie’s 3.0 this month. Read more here. [EF]
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[Nazi-Looted Art] French Report Highlights Realities of Restitution Delays
The Cour des Comptes released a report in Fall 2024 noting that, despite legislative advancements, French efforts to restitute Nazi-looted art remain hindered by inadequate funding. The government unit tasked with managing looted art operates with a limited budget, while restitution efforts are further delayed by the lack of public databases for looted art or provenance research, insufficient research by public museums on Nazi-era provenance, and a scarcity of designated provenance specialists at institutions like the Louvre and the Musée d’Orsay. Although the budget for restitution efforts has nearly doubled this year, critics describe the backlog as “regrettable.” Talks about market regulation continue, but tangible resolutions remain uncertain. Read more here. [EF]
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[Restitution] Slow Progress on Macron’s Restitution Promises
Seven years ago, French President Emmanuel Macron pledged to return Africa’s cultural heritage. While there has been some progress, such as the Senate-approved creation of a national expert commission for consultations on non-European restitution cases and the adoption of a law facilitating the restitution of human remains in French public collections, challenges persist. The National Assembly also approved legislation allowing public institutions to return Nazi-looted objects, but no timeline has been set for debating a bill on colonial-era items. Although some African artifacts have been repatriated, critics, including those of the French Culture Minister, describe the overall pace as unsatisfactory. Read more here. [MA]
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[Nazi-Looted Art] Arbitration Court for Nazi-Looted Art: Concerns Over New Rules
On January 7, 2025, lawyers, historians, and descendants of Nazi victims criticized Germany’s newly approved arbitration court for Nazi-looted art in an open letter to Chancellor Olaf Scholz. They warned that the new system, approved in December 2024 to replace the Limbach Commission, might restrict victims’ rights and was established without sufficient public debate. While the court introduces binding decisions and allows claimants to initiate cases without consent from current holders—addressing inefficiencies in the previous system—concerns remain over fairness in complex cases, such as coerced sales. Judges will be appointed by government and Jewish organizations, with administrative support from the German Lost Art Foundation. Critics fear the reforms were rushed and lacked inclusivity, even as the court is hailed as a step toward implementing the Washington Principles of 1998. Read more here. (JVB)
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[Plagiarism] Chinese Artist Ye Yongqing Ordered to Pay $670,000
A Chinese court has ordered artist Ye Yongqing to pay over $670,000 in damages to Belgian artist Christian Silvain for plagiarism. Silvain accused Ye of replicating his signature motifs and stylistic elements in 87 artworks, which Ye sold internationally over decades. Prominent collectors like Bill Gates and Rupert Murdoch own Ye’s works, which fuse traditional Chinese influences with contemporary techniques. This case marks the first instance of a foreign artist winning a plagiarism lawsuit against a Chinese artist in a Chinese court, signaling increased enforcement of intellectual property rights. In addition to the financial penalty, Ye must issue a public apology and has faced significant fallout, including dismissal from his professorship and removal of his works from museums. The judgment reflects rising demands for accountability within the Chinese art world. Read more here. (JVB)
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[Art Market] Chicago Art Dealer Kavi Gupta Sued
Chicago-based art dealer Kavi Gupta, known for championing contemporary and politically engaged artists like Mickalene Thomas and Jeffrey Gibson, is facing two lawsuits alleging financial mismanagement and breach of fiduciary duty. Artist Alfred Conteh accuses Gupta of withholding payments from art sales and failing to provide transaction records, while investor Peter Freyne claims Gupta misused investment funds tied to the gallery’s operations. Gupta denies the allegations, describing them as baseless attempts to harm his reputation. Read more here. (JVB)
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[Copyright] Meta Faces Setback in AI Copyright Lawsuit by Book Authors
Meta is embroiled in a high-profile copyright lawsuit filed by authors including Sarah Silverman and Ta-Nehisi Coates, who allege the company unlawfully used their copyrighted works, sourced from piracy platforms like Library Genesis, to train its AI model Llama. Internal documents revealed during the case suggest Meta was aware of the legal risks but continued with the data usage, allegedly with CEO Mark Zuckerberg’s approval. The lawsuit also accuses Meta of distributing copyrighted materials through torrent platforms as part of its “seeding” practices. U.S. District Judge Vince Chhabria has reprimanded Meta for excessive redactions in court filings and warned against potential discovery abuses. Read more here. (JVB)
Art & Law Workshop: Understanding Appropriation, Copyright & Fair Use
Are all visual artworks protected by copyright law? What rights do you, as an artist, have to control the use of your work? How can you draw inspiration from others without crossing the line into infringement? In this workshop, we’ll delve into these key questions and more. We will explore the fundamentals of copyright law, focusing on artists’ rights, protections, and limitations.
Lincoln, Napoleon and Hitler Walk Into A Bar: Does the 1907 Hague Convention on Land Warfare Require Signatory Countries To Open Courts To Claims For Restitution of Nazi-Looted Art?
Article 47 of the 1907 Hague Convention on Land Warfare forbids pillage. Art 56 requires “legal proceedings” for seizures of artworks. In the post-World War II period, many of the signatory countries of the Hague Convention have closed their courts to artwork claims over Nazi looting using statutes of limitations and acquisitive prescription. Mr. Dowd argues that this approach violates international law and is immoral. The Hague Convention signatories intended to take the profit out of wars of aggression. He further argues that barring claims to stolen artworks violates the Hague Convention and defeats the drafters’ goal of taking the profit motive out of wars of aggression and rewards those who conceal and launder stolen property. In the United States, the Holocaust Victims Redress Act of 1998 applies the 1907 Hague Convention to claims to Nazi looted art. The Holocaust Art Restitution Act of 2016 (the “HEAR Act”) reopened U.S. courts and extended statutes of limitations. Mr. Dowd also contends that this approach by the U.S. Congress is the solution consistent with international law that should be adopted by courts and by legislatures in other signatory countries. Finally, he argues that a Directive from the European Parliament requiring European countries to open their courts to claims of Nazi art looting is the best vehicle for achieving this result.
Remedies for Looted Art and Cultural Property—Civil, Criminal or Consensual?
Fordham Law Review Conference
This is a moment in time when we as a society, in New York, nationally and internationally, are reexamining how we address looted art and cultural property. The Symposium will draw together discussion of Holocaust-era looted art and cultural property, antiquities taken in the Colonial-era and subsequently, as well as Native American cultural and religious artifacts, ancestors, and repatriation. There have been major developments recently in all these areas making this Symposium singularly appropriate at this point in time, and courts are increasingly being confronted with these issues. The Symposium will bring together diverse perspectives on issues of legislation, litigation, law enforcement, and societal examination of history, and will look at common themes of law and policy in these fields in order to examine where we are and to discuss potential future directions.
Career Opportunities
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Project Manager, POWArts, New York
The Professional Organization of Women in the Arts (POWarts) is seeking a part-time Project Manager to coordinate a six-week website redesign project, with a potential for extension. This short-term contract role (10 hours/week) is ideal for candidates with experience managing creative projects, strong organizational skills, and an interest in women’s advocacy and the arts. Compensation: $20–$25/hour, based on experience.
To apply, send your resume and a brief statement of interest to info@powarts.org by January 31, with applications reviewed on a rolling basis.
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Contracts Manager, W.W Norton, New York
W.W. Norton & Company, Inc. is seeking an experienced Contract Manager to join its Contracts Department, reporting directly to the Contracts Director. The role involves drafting, negotiating, and redlining various book and subsidiary rights contracts, maintaining and updating contract templates, and advising editorial staff on acquisitions and contractual issues.
The Contract Manager will review and correct agreements prepared by junior team members, prepare unique agreements and letters as needed, and provide training to new employees on contract drafting practices and procedures. Additional responsibilities include assisting the Contracts Director with various tasks as required. Read more here.
Educational & Other Opportunities
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National Survey: We Are Bound 2.0: Developing Equitable Artists’ Contracts
Center for Art Law is partnering with Yancey Consulting in conducting a National Survey for artists relating to contracts for artists.
- Artists are asked to prioritize their top contractual issues that most deeply affect their pay, ownership rights, and protections.
- Artists should indicate specific issues that, if revised with a fair lens to all parties, would positively impact their pay, ownership rights, and protections.
- Artists are encouraged to share a bit about themselves to help assess if their experiences with contracts vary based on personal identifiers.
Access and fill out the survey HERE.
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The Hon. William C. Conner Intellectual Property Writing Competition, NYIPLA
The New York Intellectual Property Law Association (NYIPLA) is currently accepting submissions for The Hon. William C. Conner Intellectual Property Writing Competition. The award was established to recognize exceptionally written papers in the field of intellectual property, i.e., patents, trademarks, copyrights, trade secrets, unfair trade practices, antitrust, and data security/privacy issues. The competition is open to students enrolled in a J.D. or LL.M. program. Two awards are given, with cash prizes. The deadline is March 7th, 2025. For details, rules and requirements, please visit the competition site.
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The Phil Cowan-Judith Bresler Memorial Scholarship Writing Competition, NYSBA
The New York State Bar Association Entertainment, Arts and Sport Law (EASL) committee offers The Phil Cowan-Judith Bresler Memorial Scholarship Writing Competition to students in New York and New Jersey law schools. EASL awards two scholarships of $2,500 each for outstanding research & writing in the areas of entertainment law, arts law, sports law and related areas such as fashion law, gaming law and Intellectual property. The deadline is April 1, 2025.For more details, rules and requirements, please visit the competition site.
Case Law Corner
View both new and old art law cases featured this month in our Case Law Database:
- Birkenstock v. Competitor, German Federal Court of Justice (BHG), I ZR 16/24, I ZR 17/24, I ZR 18/24 (Jan. 9, 2025).
- Beaulieu v. Stockwell, 46 F.4th 871 (8th Cir. 2022).
- Holbrook v. City of Pittsburgh, No. 18-539 (W.D. Pa. Sept. 16, 2019).
- Marc Jancou Fine Art, Ltd. v. Sotheby’s, Inc., 2012 N.Y. Slip Op. 33163 (N.Y. Sup. Ct. 2012).
How Art Works: A Psychological Exploration
In this upcoming publication, Ellen Winner, a psychology professor at Boston College, examines art using philosophical and psychological approaches. She relies on methods of social science to consider questions about art, ranging from broad philosophical questions like “What makes something art?” to more practical questions such as “Is modern art something my kid could do?”. Winner’s examination of these topics reveals “how psychological research on the arts has shed light on and often offered surprising answers to such questions”.
A Tragic Fate: Law and Ethics in the Battle Over Nazi-Looted Art
“The organized theft of fine art by Nazi Germany has captivated worldwide attention in the last twenty years. As much as any other topic arising out of World War Two, stolen art has proven to be an issue that simply will not go away. Newly found works of art pit survivors and their heirs against museums, foreign nations, and even their own family members. These stories are enduring because they speak to one of the core tragedies of the Nazi era: how a nation at the pinnacle of fine art and culture spawned a legalized culture of theft and plunder. A Tragic Fate is the first book to address comprehensively the legal and ethical rules that have dictated the results of restitution claims between competing claimants to the same works of art. It provides a history of Art and Culture in German-occupied Europe, an introduction to the most significant collections in Europe to be targeted by the Nazis, and a narrative of the efforts to reclaim looted artwork in the decades following the Holocaust through profiles of some of the art world’s most famous and influential restitution cases.”
Making Museums Matter
In this volume of 29 essays, Weil’s overarching concern is that museums be able to “earn their keep”—that they make themselves matter—in an environment of potentially shrinking resources. Also included in this collection are reflections on the special qualities of art museums, an investigation into the relationship of current copyright law to the visual arts, a detailed consideration of how the museums and legal system of the United States have coped with the problem of Nazi-era art, and a series of delightfully provocative training exercises for those anticipating entry into the museum field.
Pirating Fictions: Ownership and Creativity in Nineteenth-Century Popular Culture
Using landmarks in copyright history as a backdrop, Pirating Fictions argues that popular nineteenth-century pirate fiction mischievously resists the creation of intellectual property in copyright legislation and law. The book demonstrates how literary appropriation was celebrated at the very moment when the forces of possessive individualism began to enshrine the language of personal ownership in Anglo-American views of creative work.
