"There is a Crack in Everything"
Art Law Blast
March 2024
...Ring the bells that still can ring \Forget your perfect offering \There is a crack, a crack in everything \ That's how the light gets in...
Leonard Cohen, "Anthem" (1992)
The roads we take to get to our destination (vocation or vacation) are unpredictable. Who knows what wonders await us or what the weather and other factors we cannot control have in store?! This Spring, Center for Art Law is going places new and familiar, and we hope you will come along for the ride.
Events:
- This March (next week), join the Center for Art Law for our first installment of a two-part lecture series in Paris (hybrid) examining the world of Anti-Money Laundering (AML) regulations in Europe and their repercussions on the art market.
- In April, we are launching our newest Legal Clinic for Artists dedicated to the tricky subject of copyright law. Also, we have our eyes set on planets and stars and interplanetary art (celestial art law, here we go!) Get your tickets today!
- In May, we will host our annual art law conference with many surprises and perks (exhibitors, silent auction, celebrities). Save the Date (May 29, 2024) and consider supporting our work as a sponsor, exhibitor, or an attendee! (You know you want to!)
In Briefs:
This month, museum issues, stolen art and unscrupulous actors are dominating our art law summaries. Many developments featured include developments outside the United States. We welcome your insights and tips on pending cases and important art law matters to watch.
Onwards with art law,
Center for Art Law Team
Content
In Brief
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Skin of a Living Artist SOLD!
An auction of the tattooed skin of Wolfgang Flatz, an Austrian performance artist, was scheduled to take place in Munich on February 8th, 2024. However, the auction was canceled after a Swiss collector purchased all 12 pieces for a “seven-figure sum.” The collector will receive photographs of the lots until the tattooed skin is transferred to them following Flatz’s death. The auction was to be led by Christie’s auctioneer and chairman, Dirk Boll, and was advertised as a “unique opportunity” and “the first time an artist has sold his real body as a work of art during his lifetime.” The sale raises ethical and legal issues, many of which have not been dealt with yet. Read more here. (HJ)
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Over Restitution: Quiet Return of a Chagall painting
In February 2024, the Museum of Modern Art acknowledged that, three years ago, it returned a Chagall painting, Over Vitebsk (1913), to the heirs of the German gallery which previously owned the piece. This case of Nazi-looted art restitution is unique because MoMA received $4 million in compensation for giving it back, in an arrangement negotiated by Mondex Corporation, a restitution company. The heirs have since sold the piece for $24 million, and one of the heirs is in a legal battle with Mondex over the company’s $8.5 million fee. MoMA stated that the money it received is being used to support a provenance research fund named after the principal owner of the German gallery, Patrick Matthiesen. Read more here. (HJ)
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UNESCO's Virtual Museum of Stolen Cultural Artifacts in the works
UNESCO is planning to open a $2.5 million virtual museum of stolen cultural artifacts in 2025 in collaboration with Interpol, whose database of stolen cultural objects lists more than 52,000 artifacts. The virtual museum will contain 3D images of the artifacts, accompanied by materials explaining their cultural significance. Ernesto Ottone, UNESCO’s assistant director general for culture, stated that, contrary to regular museums which aim to expand their collections, the goal for this virtual museum is to eventually disappear, as the collection will shrink when items are recovered. The project is meant to raise “public awareness of trafficking and the unique importance of cultural heritage.” Read more here. (HJ) We would love to be involved!
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LA Museum Returns Historical Artifacts to Ghana
UCLA’s Fowler Museum has formally handed over artifacts taken during the Sagrenti War of 1874. Seven handcrafted Asante artifacts were returned 150 years later to their former owners in Kumasi, Ghana. When the museum examined the provenance of its African art collection, it uncovered the fact that these objects were stolen or exported by the British during the war. The Fowler’s director stated the museum has an “ethical responsibility to the community of origin” when it comes to objects in the museum’s custody. Among the objects repatriated were gold pieces of jewelry, an ornamental chair, and an elephant tail whisk. This is not the first time the Fowler has returned an item to its original owner, but this is its first international return. The museum intends to put on a display of replications of those Asante artifacts that have been returned. Read more here. (OZ) We have an article about this coming out soon!
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Those them hardy Brooklyn Institutions! Brooklyn Museum to turn 200
The Brooklyn Museum is celebrating its 200th anniversary and installing a number of events and exhibitions this fall. The museum will put on its largest show thus far with a major group of Brooklyn artists. “The Brooklyn Artists Exhibition” will open on October 4, and will be an open-call, invitation-style show featuring approximately 300 local artists and makers. The museum’s bicentennial year will celebrate artists of color, indigenous art, and historically marginalized groups. Read more here. (OZ)
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Report from the Smitsonian’s Human Remains Task Force
A majority of the human remains held by the Smithsonian Institution were acquired under unjust circumstances in the 19th and early 20th centuries. The Human Remains Task Force has published a report offering recommendations on correcting these injustices. The report highlights the importance of informed consent from the deceased or their descendants before collecting, displaying, or using the remains. Furthermore, the report recommends that the Smithsonian return any remains taken without consent or create a process for respectfully burying the remains. So far, the Smithsonian has repatriated more than 5,000 individuals’ remains. Read more here. (EJS)
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Restoration and Transfer of Angkor Archaeological Park
On January 31, the World Monuments Fund (“WMF”) transferred control of three sites in the Angkor Archaeological Park to the Cambodian government. The WMF is celebrating 35 years of conservation and “capacity-building” efforts at the park. Angkor is one of the most important archeological sites in Southeast Asia. It is roughly 250 square miles and contains some of the most advanced pre-industrial urban architecture. But, following the 1970 Cambodian Civil War, Angkor Park was heavily looted and the WMF became involved in the conservation endeavors. By 2004, Angkor was removed from the list of endangered heritage sites. Read more here. (EJS)
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Listen to the Experts: As The Art Market Shifts, Art Law Remains Stable
According to Pierre Valentin, a leading art lawyer in the UK, the art market is not shrinking but rather shifting. Following Brexit, the market is moving away from the UK and towards Europe and the United States. There has been an increase in litigation around issues of new technology where both the risk and potential losses are enormous. Copyright law is also facing a major shift, as it was initially framed before images were widely available to all (e.g., through digital media), as they are now. Furthermore, even if a recession occurs, art law will likely still be booming, as investors will attempt to recoup losses through the courts. Thus, it appears that the world of art law is a stable gig, regardless of how the market behaves. Read more here. (EJS)
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Yippee: Opie painting returns more than 50 years after theft
John Opie painting, The Schoolmistress, has been returned to Dr. Francis Wood after it was stolen by mobsters in July 1969. On July 25, 1969, three men broke into Wood’s father’s home and stole the painting. During one of the men’s trials, he confessed to stealing the painting and testified that he was acting under the direction of then-New Jersey State Senator Anthony Imperiale, but these claims were never corroborated. Between 1969 and the late 1980s, the location of the painting was unknown but it was believed to be in the possession of organized crime members. In 1989, a Utah accounting firm’s now-deceased client purchased a home in Florida belonging to a convicted mobster, and the painting was included in that purchase. In December 2021, as the accounting firm was liquidating their deceased client’s assets, they discovered the painting and contacted the FBI. FBI Special Agent France returned the painting to Dr. Francis Wood on January 11, 2024. Read more here. (EJS)
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The U.K. Amends Laws Allowing International Repatriation
The United Kingdom has altered an artifact repatriation law to preserve the government approval process for museums’ return of objects. The Charities Act of 2022 allowed charities, including national museums, to deaccession objects when faced with a moral obligation to do so. On Feb. 2, the head of the UK’s Arts & Heritage agency, Lord Parkinson, announced that national museums and galleries would be excluded from the sections of the Act allowing them to restitute objects to foreign countries. This move returns the power of restitution to the hands of the U.K. government. Read more here. (HEG)
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Turkey’s fight for 6,000-year-old Idol ends
The U.S. District Court for the Southern District of New York has denied the Republic of Turkey’s legal ownership of a 6,000-year-old marble icon artifact k. Turkey brought a case against the auction house Christie’s and the collector Michael Steinhardt, calling for the return of the icon, titled the Stargazer. The Republic cited the 1906 Ottoman Decree, which makes any national patrimony object acquired after 1906 in Turkey the property of the Republic. The court decided against Turkey, citing the fact that the country’s thirty years of knowledge about the object’s absence from Turkey made it “inexcusably delayed in taking action.” Read more here. (HEG) This and other case can be found in our Case Law Corner DB. Here is more on this Case, from a 2021 Review.
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Tove gone Rogue: Australian Art Dealer Charged With Theft
Tove Langridge, the Instagram-famous owner of TW Fine Art Gallery, was charged with nine counts of theft by the Queensland Police. After obtaining search warrants, the police raided several properties tied to the dealer and seized 20 objects. Langridge has dealt with legal troubles for years after repeated instances of failing to return art on consignment and not paying artists their appropriate sales proceeds. This marks the first time that Australia has charged an art dealer for this form of theft. If convicted, Langridge could face up to five years in prison. Read more here. (HEG)
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Des Moines Art Center to Dismantle Own Installation
American artist Mary Miss’ environmental installation “Greenwood Pond: Double Site,” created for the Des Moines Art Center (DMAC), is set to be dismantled. While the museum agreed in its original 1994 contract with Miss to “reasonably protect” the public sculpture, Iowan weather appears to have taken its toll despite consistent repairs. According to the DMAC, it would cost $2.7 million to completely repair the installation, an unfeasible cost for the center. Miss believes the decision is a sign of a lack of attention for both environmental art and women artists. Read more here. (HEG)
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Stolen Picasso and Chagall Found in Belgium Basement
Belgium authorities uncovered two stolen paintings from a watch dealer’s basement in Antwerp. The paintings, Picasso’s Tête (1971) and Chagall’s L’homme en prière (1970), were stolen from an art dealer’s home in Tel Aviv 14 years ago. The authorities were given notice that the watch dealer was planning on selling the paintings, valued at 1 million dollars at the time they were stolen. The paintings were found without any damage. Read more here. (SN)
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Former German Museum Employee Sentenced to Prison for Stealing and Selling Paintings
A former employee at the Deutsches Museum in Bavaria was sentenced to prison for stealing four paintings from 2016 to 2018. The museum employee, whose name is protected under German privacy laws, stole a painting by Franz von Stuck, replaced it with a forged work and then sold the original. The worker also stole three paintings from the depot and sold two of them via a Munich auction house, pretending he received the paintings from his family. A provenance researcher noticed the forged Stuck work when examining the painting and then discovered three empty frames for the other works. The thief earned over €49,000 for the sale of the Stuck painting and €4,500 and €7,000 for the other two works. The thief had no prior criminal record and was sentenced to 1 year and 9 months in prison and ordered to pay €60,000 in damages. Read more here. (OZ)
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Stolen Van Gogh Painting Anonymously Returned
Parsonage Garden at Nuenen in Spring, an 1884 painting by Vincent van Gogh, has been returned to the Groninger Museum. The painting was stolen from the Singer Laren Museum in the Netherlands on March 30, 2020, during a dramatic late-night art heist. Its whereabouts were unknown for years, until an art detective anonymously received the work on his doorstep late last year. The painting was valued between $3.5 to $6.5 million and was passed around between underground criminal groups. The picture is in the process of being restored at the Rotterdam museum and will be on public display starting on March 29. Read more here. (OZ)
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Repatriation Ceremony of Two Thai Artifacts From the United States to Thailand
On February 4, 2024, the Thai Minister of Culture announced the repatriation of two artifacts from the United States to Thailand. The Metropolitan Museum of Art will repatriate the Golden Boy statue of Hindu deity Shiva and a statue of a kneeling female figure to Thailand in May 2024. The Royal Thai Consulate-General in New York will facilitate the repatriation while the museum will pay the repatriation expenses. The Metropolitan Museum of Art has made a public promise to return over a dozen ancient artifacts to Cambodia and Thailand, following the exposition of its connection to Douglas Latchford, who was accused of selling looted antiquities. This represents an important step towards restoring cultural heritage and repatriating antiquities to their owners and origins. Read more here. (OZ)
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Et tu, Museum Ticket Seller?!
A Swiss court convicted a ticket seller for skimming about a million Swiss francs from the Beyeler Foundation. The Beyeler Foundation is an art museum outside Basel, and one of Switzerland’s most visited museums. The 54-year old female cashier, whose name is withheld under European privacy laws, pocketed entry fees from visitors. a The scheme involved her selling emergency tickets and selling single tickets twice, by claiming the printer was not working, and pocketing the difference. She also canceled tickets sold by colleagues and stole the money. The ploy started in August 2008 and persisted for years. Her thefts ended up amounting to 1 percent of the museum’s total income from ticket sales. She was sentenced to three years and seven months in prison and a $3,600 fine (in addition to being required to repay all the money she stole). Read more here. (OZ)
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Just one of the TEFAF Stories
Blick auf Murnau mit Kirche II (1910) was a landscape painting by Wassily Kandsinky that sold at auction in 2023 for $45 million. The painting was formerly owned by Siegbert Samuel Stern, who purchased the work in 1924 and hung it in his home in Germany. In 1937, the abstract work was looted by the Nazis as part of their campaign to eliminate “degenerate art.” The painting changed hands a few times until landing in the Van Abbemuseum in the Netherlands in 1951, where it stayed for 70 years. In 2016, Stern’s heirs made a restitution claim on the painting which was subsequently rejected in 2018 due to “insufficient facts.” The committee reversed its decision and granted restitution in 2022. Stern’s heirs then sold the work at Sotheby’s and the dealer who purchased the work is bringing it to this year’s TEFAF, an annual art, antiques and design fair hosted by the European Fine Art Foundation in Maastricht. The work has generated a lot of buzz and is expected to be a big draw, given its condition and history as a pivotal artifact of abstract art. Read more here. (OZ).
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In Saudi Arabia, CEO of AlUla Arrested for Corruption (while making desert terrain into a living museum)
In late January, the CEO of the Royal Commission of AlUla, was arrested for corruption. AlUla, named after an ancient city of Saudi Arabia, is a Saudi Arabian initiative to help the country’s art and cultural tourism flourish. Saudi Arabia is planning to put more than $35 billion into AlUla, to make the desert terrain into a “living museum.” The Parisian Centre Pompidou has been working with the Royal Commission to collaborate on various sculptures and projects. Allegedly, the CEO, Amr al-Madani, has been illegally making profits off of contracts between a company he owns stake in and a scientific research agency, receiving a cut in the contracts worth over $55 million. al-Madani and three of his partners have confessed to the crime and are now awaiting trial. Read more here. (SN)
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Environmental Activists Charged with Defacing Civil War Memorial
A member of a climate activist group, Jackson Green, has been charged with defacing an African American Civil War memorial at US National Gallery of Art in Washington D.C. On November 14, Green painted the words “Honor Them” next to a monument memorializing one of the first all-Black regiments enlisted to fight in the US Civil War. In a statement made by Green, he compared the plight of those fighting to end slavery to those at the front lines of climate change activism today. This event is another example of a recent trend of “eco-vandalism,” also known as climate activism. Green’s sentencing is scheduled for early April. Read more here. (SN)
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German "Advisory Commission" to become an Arbitration Something or Other
Washington Principles have been getting much attention given the 25th Anniversary of the famed conference and the ongoing interest in restituting or retaining Nazi-era looted art. On 13 March 2024, the German Federal Government announced its plans to make changes in the Germany Advisory Commission tasked with hearing Nazi-era looted art claims and issue non-binding opinions with a new framework. Arbitration is not mandatory but it is binding. More information in German HERE. We will keep you updated on this development as we continue with our Looted Art project dedicated to Nazi-era looted art and post-colonial restitution efforts. Want to know more? Contact us: info@itsartlaw.org!
Art Law in Paris
Lecture Series at Science Po
Location:
Paris, France
Date:
Tue, Mar 26, 2024 12 AM
Join the Center for Art Law for the first installment of a two-part lecture series in Paris (in-person) and online examining the world of Anti-Money Laundering (AML) regulations in Europe, the UK and US, and their repercussions on the art market.
Nazi-Era Art Provenance Research
Hybrid Training Program (In-person in Denver)
Location:
University of Denver (College of Arts, Humanities & Social Science)
Date:
Mon, Jun 24, 2024 12 AM
The Center for Art Collection Ethics (ACE) at the University of Denver (DU) is pleased to announce a hybrid training program on the fundamentals of Nazi-era art provenance research, June 24-28, 2024. In its third iteration since 2021, the program is geared toward graduate students and emerging museum and art market professionals and will offer an on-campus postgraduate certificate of completion to twenty students through an application process. In addition, non-certificate students and other attendees may register to attend select sessions virtually. Applications are due March 31.
2024 ICOM UK Conference
Location:
Belfast, UK
Date:
Fri, Apr 12, 2024 10 AM
This conference will explore the role of museums as important shared spaces, where differences can be ethically discussed and represented, and areas of commonality identified and valued. Hear from museum professionals from the island of Ireland, the UK and the global museum community, in a city that has been damaged by division but through the ongoing social peace process is embracing the opportunities of the present and looking to a more positive future.
Save the Date: Center for Art Law Annual Art Law Conference 2024
Conference
Location:
Brooklyn, NY
Date:
Wed, May 29, 2024 12 PM
Details about the conference will be revealed in due time. As we get ready, if you would like to send in comments, support our Summer Interns or become one of our sponsors for the 2024 Conference, please reach out: artlawteam@itsartlaw.org.
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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Self-Funded PhD: Understanding Cultural Legal Studies: Interrogating Legal Meanings in Artistic and Popular Culture
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. Cultural legal studies examines the various and complex interactions between law and material culture, focused on two broad and interconnected questions: 1) how can an expanded engagement with artistic and popular culture enrich understanding of law and justice?; and 2) how does understanding institutional law as itself a cultural phenomenon enrich our understanding of law and justice? It is a profoundly interdisciplinary field, characterised by these questions that taken together reflexively query the fundamental nature of law and concomitantly law’s orthodox methods (today consisting of doctrinal, analytic, and socio-legal approaches to understanding or evaluating state law and its effects). In cultural legal studies, institutional or state law becomes just one possible cultural form through which law or legal meaning is found or expressed, and legal method is expanded to encompass the vast array of methods by which meaning is interrogated in cultural studies and the critical humanities more generally.
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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Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection
Association for Research into Crimes against Art (ARCA)
Amelia, Italy May 24- Aug 11, 2024
Deadline: March 30 , 2024
ARCA invites interested postgraduates to apply to ARCA’s PG Cert Program in the study of art crime and cultural heritage protection. The 2024 edition of the program will again be held onsite, from May 24 through August 11, 2024, in ARCA’s host city Amelia, located in the rolling hills of Umbria in Italy. The program will provide in-depth instruction in important theoretical and practical elements related to combatting art and heritage crime. By examining art crime’s interconnected world, participants will experience an integrated curriculum in a low participant-to-instructor participatory setting. At the conclusion of the program, participants will have a solid mastery of a broad array of concepts pertaining to provenance, art market due diligence, illicit trafficking, cultural property protection, art and heritage law, and cultural security.
Read 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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Rights without Borders?
Osnabrück, Germany, Jul 6–14, 2024
Deadline: Apr 1, 2024
The 9th International Osnabrück Summer Institute on the Cultural Study of the Law (OSI) will be held from July 6 to 14, 2024 at Osnabrück University, Germany. It aims to encourage and further promote the interdisciplinary study and research of the interrelations between law and culture, based on the idea that the extended cultural study of the law will foster productive scholarly exchange and dialogue between legal studies and the humanities. The 2024 OSI will concentrate on key issues and debates within contemporary cultural legal studies, exploring questions related to, for instance, rights in general, legal personhood and citizenship, human rights, and the rights of migrants.
The Summer Institute invites doctoral and postdoctoral students from various academic fields whose research interests and projects are situated at the interface between law and the humanities and who are concerned with a better understanding of the interdependence of law and culture.
Students interested in taking part in the Summer Institute should submit their applications no later than April 1st, 2024. Detailed and updated information about the Institute, the sessions, international faculty, admission and fees can be found HERE.
In Memoriam: Burton M. Fendelman (1937-2024)
The Board of Directors, the Board of Advisors, and the membership of the Center for Art Law mourn the passing of our esteemed former Board President, Burton M Fendelman. A consummate art lawyer, mentor and friend, Burt played a key role in the good work of the Center for many years and he is sorely missed and sincerely lauded.
A celebration of Burt’s life will be at The National Arts Club,15 Gramercy Park South, New York City Friday June 21, 2024, 12:30 – 3:30 pm.
You may read his obituary, which he co-authored with his wife and life partner, Helaine Fendelman.
New Clinic: Copyright and Fair Use
CENTER FOR ART LAW: LAUNCHING THE ART & COPYRIGHT LAW CLINIC
Brooklyn, NY –– In April 2024, the Center for Art Law (the “Center”) will launch a new Legal Clinic dedicated to copyright and fair use questions. Sensitive to the questions and concerns many artists have raised about how to protect their copyright, particularly with respect to emerging technologies, such as generative AI, the Art & Copyright Law Clinic will connect artists with the Center’s network of copyright law expertise. The inaugural Art & Copyright Law Clinic session will be held online on Wednesday, April 10th, at 5:30 PM EDT. The Clinic registration page can be accessed here.
The Art & Copyright Law Clinic was developed and organized in part by the 2023-2024 Judith Bresler Fellow, Patrick K. Lin.
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About the Copyright and Fair Use Clinic
Historically, the Center dedicated events and published research on copyright and fair use questions and has seen an increase in inquiries concerning copyright law and artists intellectual property rights. The rapid development of generative AI has also applied some pressure on regulatory efforts, resulting in new copyright cases and policy stances from government bodies like the Copyright Office and Federal Trade Commission. Proliferation of tools and technologies available to copy and reproduce content as well as new policies and legal interpretations of generative AI can be difficult to keep up with. As such, a key objective of the Art & Copyright Law Clinic is to keep artists informed and updated on changes in the copyright law landscape as well as assist artists and their heirs protect and understand their rights. Like the Center’s other Legal Clinics, the Art & Copyright Law Clinic will begin with a keynote presentation, followed by one-on-one consultations between Clinic participants and volunteer attorneys. These confidential consultation sessions provide artists with the opportunity to ask questions specific to their situation.
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Keynote Speaker: Juyoun Han (Eisenberg & Baum, LLP)
The keynote speaker for the inaugural Art & Copyright Law Clinic is Juyoun Han, a partner at Eisenberg & Baum, LLP in New York City focused on art law, civil rights, and digital technology. Juyoun represented artists in the 5Pointz litigation and in other landmark civil rights cases involving artists. She also represents artists in a variety of matters and transactions involving NFTs and copyright. Juyoun’s keynote presentation will provide an overview of the current copyright law landscape and discuss the impact generative AI is having on artists’ rights as well as how regulatory bodies have responded to emerging technologies.
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Legal Clinics for Visual Artists
The Center for Art Law launched its Visual Artists’ Legal Clinics in 2020, offering pro bono consultation to artists, covering topics related to immigration, legacy and estate planning, and artist-dealer relations. In 2024, the Center is launching a clinic related to copyright and fair use questions inspired by appropriation and digital art trends.
Pursuant to the Center’s objective of making art law accessible to practicing artists, clinics have become a seminal part of its offerings for the art and law community. The Center currently operates three clinics and hosts six clinic sessions each year.
More info HERE.
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Judith Bresler Fellowship
The Judith Bresler Fellowship honors the late Judith Bresler, a lawyer, professor, mentor, and advocate for the arts who made numerous contributions to advance the art law field. The Judith Bresler fellow manages and organizes the Center’s Visual Artists’ Legal Clinics, connects volunteer attorneys with artists, and researches and writes articles about topics in art law.
To apply for the Judith Bresler Fellowship, candidates must fill out an application form and gather the following documents:
- Cover letter;
- Resume or CV;
- TWO letter of recommendation from former supervisors;
- Most recent school transcripts.
The application cycle for Academic Year 2024-2025 is now OPEN. Please submit your applications by May 1, 2024 23:59 PM.
On Our Calendar
Catalogue Raisonné Research: Purpose, Process, Pitfalls & Publication
Artist Legacy and Estate Planning Clinic (Mar. 2024)
Art Law in Paris: AML and the Art Market
It’s Not Personal, It’s Business: When Artists Change Galleries
March 2024 Case Law Corner
Griffin et al v. Guess? Inc. et al, 2:2024cv00318 (C.D. Cal. 2024).
Holtzman v. Phila. Museum of Art, Civil Action 22-cv-0122-JMY (E.D. Pa. Jul. 7, 2022).
Orkin v. Taylor, 487 F.3d 734 (9th Cir. 2007).
Maestracci v. Helly Nahmad Gallery, Inc., No. 650646/14 (1st Dept. Nov. 2, 2017).
Reif, et al. v. The Art Institute of Chicago, No. 1:23-cv-02443-JGK, (S.D.N.Y., Nov. 24, 2023).
Schoeps et al. v. Sompo Holdings Inc. et al., 1:2022cv07013 (N.D. Ill. 2022).
Von Saher v. Norton Simon Museum of Art at Pasadena, 578 F.3d 1016 (9th Cir. 2009).
Art Law Bookshelves
Art & Business: Transactions in Art and Cultural Property
by Kevin Ray
An expansive (and expensive) examination of today’s art transactions from an art lawyer’s point of view, covering topics such as forgeries, titles, and warranties.
Der Sammler Curt Glaser: Vom Verfechter der Moderne zum Verfolgten
by Anita Haldemann, et al.
“The significant yet nearly forgotten German-Jewish museum curator and art collector Curt Glaser (1879–1943) was forced into emigration by the National Socialists. In 1933, he sold the majority of his art collection in Berlin. The Kunstmuseum Basel reached an internationally recognized “best practice” agreement with Glaser’s heirs regarding the whereabouts of works once in his possession. In honor of this occasion, the museum is showcasing Glaser’s contributions in an exhibition. The catalog provides a richly illustrated glimpse into Glaser’s captivating collection, featuring works by Edvard Munch, Max Beckmann, and Henri Matisse. Essays delve into new research on the patron of modern art and the collection of modern art, contextualizing his exemplary fate within contemporary discussions surrounding former Jewish art holdings in public museums.”
Raubkunst und Restitution – Zwischen Kolonialzeit und Washington Principles
by Matthias Weller
The Thirteenth Heidelberg Art Law Conference’s proceedings encapsulate a comprehensive exploration of critical issues surrounding restitution law, cultural heritage protection, and provenance research, all under the overarching theme of “Looted Art and Restitution.” Delving into fundamental questions within the realms of art and legal studies, this book presents a diverse array of topics, from the intersection of art collecting and legal frameworks to the complexities of provenance research in uncovering historical truths.
Art and Law – A Comprehensive Guide to South African Art Law
by Thomas Hoeren, Gretchen Jansen, Marie-Therese Wirtz
This handbook aims to provide a comprehensive overview of the multi-faceted art law within the legal framework applicable to South Africa. In four ‘phases’, it provides answers to legal questions that arise from the initiation of an art project up to its exploitation. It is aimed at both law students who have an academic interest in an in-depth introduction to art law and practitioners from the art world and is therefore equipped with numerous explanatory examples.