NYC is not a place it's a feeling.
Dear Readers,
We would be lying if we said this year was a stroll in the park (or even a hike in the mountains). The inaugural Bootcamp for attorneys aspiring to help artists with their estate planning needs ALONE was “A LOT of work” and we have done so much more, including going where few art lawyers have gone before, The Space. With the Fall Term done and Spring interviews well underway, the Center is pleased to circulate the last 2024 issue of our Art Law Blast. Enjoy our newest articles, peruse growing case law corner, and provide your feedback.
We look forward to the coming year and wish all of you peace and fortitude.
Onwards with art law,
Center for Art Law Team
PS If you find that you have extra time on your hands, revisit our work in 2024 and take a look at the past newsletters (Take Two again). We hope you find a lot of inspiring and useful content that we at the Center curate for you and preserve for the future of robust art law practices.
Content
In Brief
-
[Antiquities Trafficking] Looted Etruscan treasures seized after ‘tomb raiders’ post online
Italian authorities have seized a collection of looted Etruscan treasures dating back to the third century B.C.E. The artifacts discovered include eight urns, two sarcophagi, and numerous funerary objects. The Carabinieri were able to discover the stolen antiquities’ whereabouts after the thieves posted photographs of them online, which then prompted a wire tap and drone surveillance to seek more evidence. Read more here. [EG]
-
[Vandalism] Protesters Charged for Throwing Paint Over Stonehenge
In November 2024, the three Just Stop Oil activists who vandalized Stonehenge on June 19 received their charges. Two of the activists who sprayed the orange canister paint were charged with destroying or damaging an ancient monument, and one was charged with aiding, abetting, counseling, or procuring the former act. The three are due for their next hearing on December 13. Read more here. [EG]
-
[Museum Issues] British Museum given its most valuable gift ever
The trustees of the Sir Percival David Foundation are donating the highest-value gift ever received by a UK museum, a 1,700 piece collection of Chinese ceramics worth over a billion, to the British Museum.With this donation, the museum’s collection will reach 10,000 total pieces in Chinese ceramics, making it one of the largest of its kind worldwide. Read more here. [EG]
-
[NAGPRA] Yale to return human remains, artifacts linked to Wabanaki Nations
In a recent inventory conducted under NAGPRA mandates, Yale University’s Peabody Museum determined that human remains donated in 1969, as well as eight cultural items in their collection, were of Wabanaki ancestry. The Peabody Museum will be repatriating all of them in the coming months. Read more here. [EG]
-
[Repatriation] U.S authorities return antiquities valued at $10m to India
In a repatriation ceremony held on November 14, the same day as UNESCO’s International Day Against Illicit Trafficking in Cultural Property, the U.S. returned 1,440 antiquities valued at $10m to India. A portion of the repatriated artifacts were sold by convicted traffickers Subhash Kapoor and Nancy Wiener. At least two of the illicit artifacts had been acquired by the Metropolitan Museum of Art. Read more here. [EG]
-
[Museum Issues] Lisbon’s museum scene booms as new and revamped institutions are unveiled
The first contemporary art museum in Lisbon, Portugal, Centro de Arte Moderna (CAM) Gulbenkian, has recently reopened after a major €58m remodel carried out by Kengo Kuma and Associates. CAM represents just one of several museum investments that have contributed to Lisbon’s increasingly vibrant contemporary art scene. While art has drawn in tourists, city locals have voiced frustrations about rising housing prices caused by Lisbon’s rapid growth in the luxury and tourism sectors. Read more here. [EG]
-
[Museum Issues] Milwaukee Art Museum to Be Free for Kids Thanks to $3.5M Anonymous Gift
On December 3, the Milwaukee Art Museum announced that it would now offer free admission to kids 12 and under. This new policy was made possible thanks to an anonymous Milwaukeean who donated $3.54M to the museum. Around 20,000 kids within this age group visit the museum every year, and with this generous donation, the museum will be able to set up an endowment to support their free admission in perpetuity. Read more here. [EY]
-
[Repatriation] UK Government Says: “the future of the Elgin Marbles is a matter for the British Museum”
On December 3, UK Labour Leader Sir Keir Starmer met Greek Prime Minister Kyriakos Mitsotakis. The high profile meeting was “organised due to progress in negotiations for a potential deal that could see the sculptures returned to Greece.” However, the Parthenon / Elgin Marbles were not mentioned during the meeting. Subsequently, the UK government stated that it had “no plans to change the law that would permit a permanent move and that the case of decisions relating to the care and management and sculptures are a matter for the trustees of the British Museum, which is operationally independent of the government.” Read more here. [EY]
-
[Archeology] 1,000+ Artifacts Found Beneath the Notre Dame Cathedral in Paris
Archeologists have recently discovered 1,035 artwork fragments and 100 graves below the Notre Dame Cathedral’s infrastructure. These findings include “[l]ife-sized heads and torsos of limestone statues,” as well as a “lead sarcophagus that may belong to the poet Joachim du Bellay.” After the fire that nearly destroyed the famous cathedral in 2019, archeologists were granted the rare opportunity to dig below the building’s infrastructure during the renovation process. The findings have surprised experts, with the lead archeologist stating that “[t]he remains turned out to be much richer than expected.” Read more here. [EY]
-
[AI, Auction House] AI-God: Record-Breaking Alan Turing Portrait by Robot Ai-Da Sparks Debate on AI's Role in Art
In a historic first, a work of art created by a humanoid AI robot, Ai-Da, has sold at auction for $1.08 million, shattering expectations and setting a new record for a work by a robot artist. Developed by Oxford University, Ai-Da generates ideas through conversations with members of the studio. Using AI to speak, Ai-Da suggested painting British scientist Alan Turing during a studio discussion on ‘AI for good’. After being asked what style, colour, content, tone and texture to use, the cameras in Ai-Da’s eyes looked at an image of Turing, based on which Ai-Da later painted a portrait entitled “AI God”. The muted tones are meant to symbolise the ethical and societal challenges of AI. Ai-Da described the artwork as a “catalyst for dialogue”, inviting viewers to consider the “god-like” nature of AI. The eerie, fragmented portrait is seen as a visual metaphor for Turing’s concerns about humanity’s ability to control advancing AI. The painting was sold at Sotheby’s, far exceeding the pre-auction estimate of $120,000 to $180,000. This sale has intensified discussions about the impact of AI on creativity and the future of the art world. [AL]
-
[Art & the Environment] Guggenheim or Greenpeace? Art and Environmental Actors Weigh in on a Possible Guggenheim Bilbao Expansion
The Guggenheim Bilbao has sought to add a 54,000 square-foot facility in Urdaibai, Spain, a UNESCO designated biosphere reserve. The area his home to several hundred species of flora and fauna, and features remnants of thousands of years of history. The museum has made assurances that any project would align with its surroundings and has pledged its commitment to the environment and future of the region in every dimension. Groups like Greenpeace, however, call into question the sustainability of the proposed plan given the vulnerability of the area. Juan Ignacio Vidarte, director-general of the Guggenheim Bilbao, said the opposition to the new site is premature since there are no definite plans. The region is the second most depressed in the Basque Country and the question remains what type of economic activity could be compatible with its nature reserve status. Read more here. [EF]
-
[Climate Activism, Museum Issues] Climate Activists Sentenced to Prison for Defacing U.S. Constitution Display
Two climate activists, Jackson Green and Donald Zepeda, were sentenced to prison after protesting at the National Archives in Washington, D.C. in February 2024. The activists, members of the group Declare Emergency, used red powder to deface a display case containing the U.S. Constitution, which led to significant cleanup costs and a temporary closure of the museum. Green received an 18-month sentence, while Zepeda was sentenced to two years. Their protest was intended to highlight the urgent need for climate action, though the incident did not cause permanent damage to the Constitution itself. Read more here. (LF)
-
[Museums] Grand Egyptian Museum Opens for Trial Run, Offering Sneak Peek into Ancient Treasures
The Grand Egyptian Museum (GEM), located near the Giza Pyramids, has begun a trial run with 12 of its 100-plus halls now open to visitors. This phase will allow guests to explore ancient Egyptian artifacts, including monumental statues and displays covering various historical periods. The museum aims to highlight the rich cultural heritage of Egypt, including some of the most significant archaeological finds, though the famed Tutankhamun collection remains absent for now. Expected to draw millions of visitors annually, GEM’s opening is part of a broader effort to showcase Egypt’s ancient past, and a full public unveiling is anticipated in early 2025. Read more here. (LF)
-
[Museums, New York] Whitney Museum now Offering Free Admission for Visitors 25 and Under
The Whitney Museum of American Art has started offering free admission to all visitors aged 25 and under. This new initiative is funded by a generous $2.25 million donation from artist Julie Mehretu, with additional support from philanthropist Susan Hess. The museum’s decision follows a series of successful free programs, such as “Free Friday Nights” and “Free Second Sundays,” which have proven popular, especially among younger, more diverse audiences. The museum hopes this effort will make contemporary art more accessible to young people and encourage greater diversity, equity, and inclusion in the art world. Read more here. (LF)
-
[Cultural Heritage] UNESCO Mobilizes to Safeguard Lebanon’s Cultural Heritage Amid Crisis
UNESCO has increased efforts to protect Lebanon’s cultural heritage sites, placing 34 key locations under enhanced protection as airstrikes threaten historic landmarks. The initiative aims to safeguard World Heritage sites like Baalbek and Tyre, as well as important museums, through emergency measures and satellite monitoring. This action highlights the urgency of preserving Lebanon’s invaluable cultural assets during ongoing conflict. Read more here. (LF)
-
[Galleries] Darren Walker Elected President of the National Gallery of Art
Darren Walker, previously president of the Ford Foundation, has been elected the new board president of the National Gallery of Art (NGA) in Washington, D.C. Walker succeeds Mitchell P. Rales, who served as president for five years. Walker has significantly advanced social justice through his leadership at the Ford Foundation and will continue supporting the NGA’s mission, including its acquisitions and cultural programs. His appointment is seen as a pivotal moment in the Gallery’s ongoing development and outreach efforts. Read more here. (LF)
-
[Copyright Infringement] Trubble for Etsy
The artist collective Good Trubble is suing an Etsy vendor for allegedly infringing on the copyright of their viral 2020 artwork. Inspired by Norman Rockwell’s The Problem We All Live With, the work features Kamala Harris alongside Ruby Bridges, the first African American child to attend a formerly whites-only elementary school during the 1960 New Orleans school desegregation crisis. Good Trubble claims the Etsy seller unlawfully profited from their creation and is seeking damages of up to $150,000 for “willful infringement” and $30,000 for copyright infringement. The lawsuit follows a takedown request submitted to Etsy in September 2024.
Read more here. (Reported by Jo Lawson-Tancred for Artnet)
-
[Cultural Heritage] U.S Heritage Sites Threatened by Abandoned Oil Wells
Even when they are no longer in use, oil wells pose a significant threat to heritage sites, the environment and the well-being of communities that have been subjected to greenhouse gas emissions and air and groundwater pollution. Unused wells disproportionately affect Native American communities and their cultural heritage, as they are concentrated in the Midwest, the Western Gulf Coast, the Southern Plains and Appalachia. Concerns are rising about how this issue may worsen in Trump’s presidency. Read more here. [MA]
-
[Nazi-Looted Art Restitution] Basel’s Kunstmuseum Reaches Settlement agreement over Camille Pissarro Painting
Basel’s Kunstmuseum has reached a settlement agreement with the heirs of Jewish collector Richard Semmel over La Maison Rondest, l’Hermitage, Pontoise (1875) by Camille Pissarro, which was subject to a forced sale in 1933 – the provenance remained unclear, as the painting was offered at an auction in Amsterdam but was likely not sold; it later appeared for sale at a Basel gallery, where it was purchased by the father-in-law of Klaus von Berlepsch, an art collector. The artwork was donated to the Kunstmuseum in 2021 by von Berlepsch. As part of the agreement, the museum stated it would pay the Semmel heirs a sum “close to the market value” of the painting. Read more here. (AB)
-
[Restitution] France Returns Artifacts to Ethiopia as Part of a “Handover”
The French culture minister Jean-Noël Barrot has said that the return of three ancient artifacts was not an act of restitution, but a diplomatic handover, claiming that the objects were never part of french collections. The artifacts were excavated from the Melka Kunture site south of Addis Ababa. According to the French foreign ministry website, France and Ethiopia are also collaborating on projects such as renovating the cave churches of Lalibela that were taken over by rebel forces in 2021. Read more here. (MA)
Forming a Non-Profit Workshop (CLE)
This workshop provides valuable information about forming an arts-related non-profit organization. In addition to learning about what a non-profit is, learn how and why to form one, as well as the legal, ethical, and financial obligations associated with this type of organization. This program is for artists, attorneys, arts professionals and whoever would like to start or learn more about running a non-profit organization. This workshop is also helpful for those trying to figure out whether this type of organization is right for them.
State issues to be covered include articles of incorporation, bylaws, and the first organization meeting. Federal issues include the Internal Revenue Code Section 501(c)(3) and corresponding regulations, application for employer identification number, IRS disclosure rules, unrelated business taxable income, charitable contributions, and restrictions on lobbying.
This workshop will also touch on the legal and ethical duties for board members; donor requirements; the new Form 990; intellectual property issues specific to non-profit tax-exempt organizations; insurance; and employment issues. The Fiscal Sponsorship model will be addressed as an alternative to forming a non-profit organization.
VLA requires all applicants seeking Nonprofit Incorporation and Tax Exempt Status services through VLA to attend one of these workshops before a volunteer attorney can be assigned to them.
Fakes and Forgeries: How an Art Detective Unravels the Truth
Unlock the secrets of art authentication at our upcoming CLE event featuring Doug Bort, Founding and Managing Partner of Odyssey Global Consulting, LLC. Join us as Doug, a seasoned expert in forensic art analysis, takes you on a fascinating journey through the world of art investigation, sharing techniques and insights on identifying forgeries and distinguishing authentic masterpieces from counterfeits. Perfect for attorneys interested in art law, intellectual property, or fraud prevention, this session will provide valuable knowledge for navigating cases involving fine art. Don’t miss this unique opportunity to gain insights from a leading authority in art detection!
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.
Career Opportunities
-
Senior Manager of Labor and Employee Relations, Whitney Museum of American Art, New York
The Senior Manager of Labor and Employee Relations will play a critical role in managing and enhancing the Whitney’s labor and employee relations programs. Reporting to the Chief HR Officer and collaborating with the Associate General Counsel, this role will be responsible for developing, implementing, and maintaining a proactive and consistent approach to labor relations, employee relations, and compliance with labor law, to ensure that the Whitney promotes a positive work environment, ensures fair treatment of employees, and complies with labor laws and regulations. The ideal candidate will have a strong background in employment and labor law, experience in preventing and resolving employee-related issues, and a commitment to promoting a collegial work culture. Read more and apply here.
-
The Sue and Eugene Mercy Jr. Assistant Curator of Drawings and Prints, The Museum of Modern Art, New York
The Museum of Modern Art is currently accepting applications for an Assistant Curator in the Department of Drawings and Prints, with a focus on Fluxus and its global networks, as well as contemporary corollaries in works on paper. Key duties include collection management, conducting research for exhibitions and publications, and supporting acquisitions. The Assistant Curator will engage with external contacts and other Museum departments on general curatorial inquiries and play an active role in exhibition and public program development. This role supports senior curators in various responsibilities, including administrative tasks within curatorial functions. Read more here.
-
Director of Intellectual Property Administration, Yale Ventures, CT
Reporting to the Sr. Executive Director of IP and Licensing Services at Yale Ventures, this position oversees and directs the team responsible for administration of compliance and intellectual property-related operational activities for Yale University, which consists of invention disclosure intake, compliance with government and external agency reporting requirements, management of a large and diverse intellectual property portfolio, and agreement compliance and maintenance.
The Director of Intellectual Property Administration supports the university’s technology commercialization efforts by developing and implementing process improvements that scale with increased operational volumes and new database implementation. Read more here.
Professional Development and Educational Opportunities
-
NYFA: Free 1-on-1 Consultations For Immigrant Artists
NYFA’s 1-on-1 Consultations for Immigrant Artists program offers FREE, online career consultation sessions with art industry experts in English, Mandarin Chinese (普通話), and Spanish (espaňol). Read more here. (To book for FREE, use the discount code IAP2024 at checkout. )
Case Law Corner
View both new and old art law cases featured this month in our Case Law Database:
- Sotheby’s, Inc. v. Aug. Uribe Fine Art, 2024 N.Y. Slip. Op. 31613 (N.Y. Sup. Ct. 2024).
- Shanley v. Louise Blouin Media, Inc., 2018 N.Y. Slip Op. 32982 (N.Y. Sup. Ct. 2018).
- Neumann-Donnelly v. Neumann (In re Estate of Neumann), No. 652857/2018 (Sup. Ct. N.Y. Cnty. filed June 7, 2018).
- Levin v. Robert Blumenthal Gallery L.L.C., No. 650429/2015 (N.Y. Sup. Ct. Feb. 13, 2015).
Forgers and Thieves: The Shadowlands of Art Crime (Association for Research into Crimes Against Art)
Noah Charney, the founder of ACRA (the Association for Research into Crimes against Art), writes this publication about how art crime has grown since the organization began. Charney recalls how art theft has changed from an occasional incident orchestrated by the ultra-elite to a multi-billion-dollar criminal industry run largely by organized crime groups and providing funding for terrorism.
Advanced Introduction to Cultural Heritage Law (Elgar Advanced Introductions series)
In this text, Lorenzo Casini describes the globalization of cultural heritage law. Casini answers questions on cultural property and connects national and global aspects of cultural heritage law. He also dissects old and contemporary dilemmas such as the public and private divide, the paradoxes of protection, the complex regulation of landscape, or the retention v. restitution approaches, and examines the future challenges of cultural heritage law in the digital age.
Museums as Agents for Social Change: Collaborative Programmes at the Mutare Museum
Museums as Agents for Social Change examines how museums with inherited colonial legacies are dealing with new trends of decolonization by drawing on studies of the Mutare Museum in Eastern Zimbabwe. The book examines how the Mutare museum engages with issues affecting its surrounding community and how the institution is attracting new audiences. The Mutare Museum acts an example for other institutions to assume decolonialist practices through collections, conservation and presentation of cultural heritage to the public.
Authenticity: Understanding Misinformation Through the Study of Heritage Tourism
Through the study of heritage tourism, this book studies authenticity. Inauthentic heritage sites lead to misinformation. This book draws upon the theories and approaches of tourism studies to understand better misinformation. The text includes a discussion of authenticity, surveys of prior scholarship on authenticity, and analyses of three case studies of heritage tourism sites: Lindsborg, KS (known as Little Sweden, USA), Colonial Williamsburg in Virginia, and the Gettysburg battlefield in Pennsylvania.
