"Matter of Time"
Art Law Blast
February 2024
"February. Get ink, shed tears. Write of it, sob your heart out, sing, While torrential slush that roars Burns in the blackness of the spring...."
Boris Pasternak "February" (1912)
As the impressive Rothko show continues in Paris at the Louis Vuitton Foundation (Bois de Boulogne), we are reminded of the epic Matter of Rothko and the uneven fight between Rothko children and Rothko executors that taught us about the value of tenacity and fiduciary duties owed.
Our February Newsletter is a reminder that art law is everywhere. In NYC and Melbourne, in Paris and in the UK, on line and on the slopes, in training, in books and in emails, in court and in ADR settings. Some of you might have them at home, and some might have them on speed dial.
We invite you to enjoy this leap month newsletter that was put together by our outstanding Spring 2024 interns. Please let us know what additional information you may wish to see in our newsletters come spring. Want to get involved? Good, we need writers, editors, sponsors to realize our 2024 plans together — 2nd Edition of the AML report is in the works, Looted Art project is in the works, writing and other competitions… in the works. Let’s pace ourselves and hope for the better.
Want to know more? Save the date for our Annual Art Law Conference — May 29, 2024.
Onwards with art law,
Center for Art Law Team
Content
In Brief
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Art Adviser Files for Bankruptcy During Two Pending Lawsuits
Lisa Schiff, an art advisor involved in two lawsuits for allegedly defrauding collectors, has filed for Chapter 7 bankruptcy in the Bankruptcy Court for the Southern District of New York. Documents processed by the Bankruptcy Court show that she currently owes approximately $7 million to collectors, storage facilities, galleries and other entities. One of her debts made public in the filing is to the collector Candace Carmel Barasch, who is the plaintiff in both pending lawsuits against Schiff. Schiff is accused of entering into transactions with collectors, taking their money, and then failing to provide artworks. The Chapter 7 filing would potentially allow Schiff to clear some of her current debts. In one lawsuit, Barasch, along with plaintiff Grossman, allege they are owed $1.8 million in artwork from Schiff and in another suit Barasch, along with her husband, allege Schiff owes them $6.6 million worth of artwork. Before the lawsuits, Schiff was a well-known art advisor with a reputation for high-profile clientele. Read more here
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Fire Destroys Thousands of Paintings in Abkhazia
Early on January 21, 2024 a fire broke out in Sokhumi, Abkhazia, destroying more than 4,000 paintings from Abkhazia’s National Art Gallery. The fire started in a bank and spread rapidly.
According to the director of the Gallery, the building was in disrepair for years and the Abkhazian government ignored requests to improve the conditions of the space. The fire destroyed a collection of works considered a national treasure for the region and represents a broader loss of cultural heritage for the region.
Abkhazia is a semi-autonomous Black Sea Caucasus region internationally recognized as part of Georgia. Since the 1980s, the status of the region has been contested; Abkhazia broke away from Georgia in the 1990s following a war of secession and fought alongside Russia in another conflict with Georgia in 2008. Abkhazia’s culture minister announced that 300 of the destroyed works were by Aleksandr Chachba-Sharvashidze, a revered Abkhazian artist and designer. Abkhazia’s prosecutor general’s office has launched a criminal investigation to determine the cause of the fire. Read more here.
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Criminal Aping: U.S. Air Force Cyber Analyst Arrested in NFT “Rug Pull” Scheme
Devin Alan Rhoden, a cyber analyst in the U.S. Air Force, was recently arrested for engaging in a money laundering conspiracy involving NFTs (non-fungible tokens). Rhoden and an associate ran a “rug pull” scheme, a scam in which NFT projects are marketed to attract investor backing and then suddenly abandoned. Rhoden’s NFTs, called the Undead Apes, intentionally mirrored the art style of the popular Bored Ape Yacht Club collection. A suspicious withdrawal from Rhoden’s Coinbase account spurred the investigation and revealed that he accrued over $80,000 from this scheme. Read the criminal complaint here.
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Cairo Art Center Demolished with Art Inside
The Darb 1718 art center, a Cairo cultural institution dedicated to exhibiting and developing art, was bulldozed in January to make space for a highway. The center’s founder, Moataz Nasreldin, claimed that he was formerly promised negotiations about the demolition. However, he stated on the center’s Instagram that the new Egyptian President Abdel Fattah El-Sisi nonetheless went forward with the demolition “without any official notification, decision, or compensation.” Nasreldin says that the center was razed with 150 works from international artists still inside, a collection valued in the millions. Read more here.
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Stained: Complaint Lodged Against Three U.S. Museums for Allegedly Stolen Windows
Lumière sur le patrimoine, a Parisian heritage association, filed a complaint in the Rouen prosecutor’s office against the Glencairn Museum in Pennsylvania, the Worcester Museum in Massachusetts, and the Metropolitan Museum of Art in New York for housing allegedly stolen stained glass windows from the Rouen Cathedral. In 1931, art historian Jean Lafond testified that six panes from the cathedral’s “Legend of the Seven Sleepers of Ephesus” series had disappeared. Unidentified Parisian art dealers then brought the windows to the United States. Philippe Machicote, the president of lumière sur le patrimoine, claims that the current owners of the panes knew about their original theft, and is seeking to return them to France. The prosecutor’s office in Rouen will issue a decision relating to the complaint within two months. Read more here.
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British Brothers Sentenced to 3 ½ Years Each for Swiss Museum Heist
Two British brothers have been banned from Switzerland for five years and sentenced to 3.5 years each in a Swiss prison for their roles in raiding a Geneva museum of Chinese Ming Dynasty artifacts in June 2019. British police arrested the brothers for aggravated theft and extradited them to Switzerland, where they pleaded guilty. Following a lengthy investigation, it was revealed that the brothers, Louis and Stewart Ahearne, stole two 15th-century vases and a cup together estimated at 3 million pounds ($3.8 million) from the Museum of Far Eastern Arts in Geneva in 2019. An undercover sting operation recovered one of the vases in central London but the stolen cup has yet to be found. A representative from the Museum testified that damage from the robbery (caused by a power saw, crowbar and sledge hammer) cost the institution millions of dollars in damages. Read more here.
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Irreplaceable Works of Art Potentially Destroyed in Seattle Art Gallery Fire
On January 12, 2024, a fire in an alley spread into Davidson Galleries, a Seattle art gallery. Now, irreplaceable works of art by Picasso, Rembrandt, Goya, and M.C. Esher are feared to be lost. Davidson Galleries, which specializes in works on paper and has collected between 16,000 to 18,0000 pieces over the last 50 years, was planning on moving its inventory to a new location and had several artworks laid out on the floor in preparation for the move. The smoke damaged some artwork, but no injuries were reported in the fire. The gallery manager, Rebecca McDonald, hopes that much of the work will be saved, but it may take weeks to determine the status of the famous artists’ artworks. Read more here.
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Italian Minister Accused of Possessing Painting Stolen From Castle
Vittorio Sgarbi, a well-known art critic and Italian junior culture minister, was placed under investigation over allegations that a 17th-century painting in his possession was stolen. He is also accused of tampering with the painting in order to disguise its origins. The painting, La Cattura de San Pietro by Rutilio Manetti, was reported stolen from a castle in 2013 by Margherita Buzio. Sgarbi presented the artwork at an exhibition in 2021. He claims that this is the original painting, which he found in an abandoned villa, while the painting stolen from the castle was a bad copy. Read more here.
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Iowa Museum to Dismantle Mary Miss Land Art Piece Amid ‘Severe Decay,’ Drawing Scrutiny
In a letter dated January 17, 2024, the board of the Des Moines Art Center in Iowa announced its plan to deaccession a 30-year-old installation by artist Mary Miss. The museum claimed its decision was due to the safety concerns resulting from the work’s deterioration and the financial hardship of repairing or rebuilding the work. The work consists primarily of wood parts and surrounds a body of water in a public park behind the museum. Miss is one of the few women associated with the land art movement, and the decision has been criticized for its implications for gender parity in museum collections. Read more here.
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Performance Artist Sues MoMA for Unsafe Working Environment
A performance artist, John Bonafede, has sued the MoMA for neglecting to take corrective action after visitors sexually assaulted him during a nude performance for the 2010 retrospective “Marina Abramovic: The Artist is Present.” Bonafede filed suit in New York Supreme Court and is seeking to recover compensation for emotional distress, career disruption, humiliation and other damages. According to the legal filings, Bonafede was assaulted seven times by five individuals during the exhibition and he reported four of the museum visitors to MoMA security while security witnessed the fifth assault and according to Bonafede “turned a blind eye.” Bonafede’s lawyer made a statement on his behalf clarifying that he believes in the importance of edgy performance art but acknowledges the need for a safe working environment where performers are protected and safe from museum visitors. Read more here.
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Brooklyn Artist Kaves Sues NYPD Over Destruction of New York Mural
Brooklyn artist Michael McLeer (a.k.a. Kaves) has sued the New York City Police Department in Brooklyn Federal Court over their destruction of his 2008 mural Death From Above. The case concerns how the NYPD’s graffiti clean-up campaign endangers valuable and permitted artworks across New York City. Death From Above was created by Kaves alongside another artist, Revs, with the property owner’s full permission. The mural was dedicated to Kaves’s mother, and on April 10, 2021, the NYPD’s 84th Precinct publicly posted its destruction on Twitter. Kaves, using a vital precedent established by the Brooklyn Supreme Court in 2018, is asking the court to decide “whether the NYPD’s policy and practices violate the Visual Artists Rights Act (VARA).” Read more here.
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Saudi Arabia Shows Off Its Commitment to Tech and AI in Davos
Saudi Arabia demonstrated its commitment to establishing itself as a technology hub for generative AI at this year’s Davos Forum. A key part of Saudi Arabia’s expansion plan is to diversify its economy beyond oil and become a destination not just for tourism and luxury but also technological innovation. The Saudi delegation presented an expansive storefront to promote a new urban development project called Neom. Statements made by Saudi ministers and delegates demonstrate widespread efforts to boost Saudi Arabia’s profile as a major player in tech. Regional experts in Davos told CNBC that the core mission is to entice top tier talent to “feed a value creation cycle in AI.” Read more HERE.
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A “Cheap Treasure” Found in the Barn
A French couple, Mr. and Mrs. Fournier, sold an art dealer a collection of antiques that were piled up in their barn. The collection included an African wooden mask that Mr. Fournier had inherited from his grandfather, who served in L’Afrique Occidentale Française and lived in Africa for over 10 years. The dealer bought the mask for 150€ and submitted it to an auction house where it was valued between 300,000 – 400,000€. In March 2022, the mask sold for €4.2 million. The Fourniers sued the dealer, claiming that they were unaware of the mask’s importance at the time of the sale. The State of Gabon intervened, claiming ownership of the sculpture and seeking repatriation. The Tribunale di Alès (a courthouse in France) rejected both claims. Read more here (Italian).
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To Buy or not to Buy (Antiquities) - that is the Question...
The San Antonio Museum of Art (“SAMA”) is acquiring two collections of pre-Columbian objects for its Art of the Americas collection. Recently however, items of antiquities have been the subject of lawsuits and claims by foreign governments demanding these pieces be returned to them, asserting they were taken through looting or theft. Currently there are no regulations requiring museums to do any specific due diligence, but most museums in the United States are members of organizations with certain procedures that are expected to be followed. This includes requiring museum officials to use “informed judgment” regarding the likelihood that pieces were sold and exported legitimately. Some museums are hiring provenance researchers to avoid legal disputes associated with an acquisition. Lowering the risk of a museum losing objects is vital and it requires museums to conduct extensive research and analysis of proposed accessions. Read more here.
Protecting Cultural Heritage during Armed Conflict
A ROMAN VISHNIAC CITIES AND WARS PROGRAM
Location:
The Magnes Collection, 2121 Allston Way, Berkeley, CA
Date:
Thu, Feb 22, 2024 5 PM
The Magnes Collection, 2121 Allston Way, Berkeley, CA
Cultural heritage has always been at severe risk during armed conflict. Wars from the time of antiquity to the Second World War and the recent and current conflicts in Syria, Iraq and Ukraine have destroyed both movable and immovable cultural heritage and put archaeological sites and collections of cultural objects at risk for theft and looting. This lecture will explore the legal, ethical, and voluntary constraints that have been adopted to protect cultural heritage and in particular archaeological sites from this type of damage and destruction. Read more and register here: https://magnes.berkeley.edu/program/protecting-cultural-heritage-during-armed-conflict/
Protecting Cultural Property: The 1954 Hague Convention at 70
Location:
Columbia University (NYC)
Date:
Fri, Mar 01, 2024 12 AM
A Conference celebrating the 70th Anniversary of the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict, the 25th
Anniversary of its Second Protocol, and the 15th Anniversary of U.S. Ratification.
Safeguarding Cultural Heritage in a Changing World
TEFAF Summit
Location:
Maastricht
Date:
Mon, Mar 11, 2024 12 AM
The Summit brings together prominent thought leaders, distinguished experts, and influential stakeholders from various fields, including cultural heritage, art and archaeology, academia, governmental, and non-governmental organizations, to engage in constructive conversations on critical issues related to cultural heritage.
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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Director, National Coast Guard Museum (DC)
GS-301-15
DEPARTMENT OF HOMELAND SECURITY
U.S. Coast GuardThis position serves as a Director, National Coast Guard Museum, responsible for managing the day-today operation of the National Coast Guard Museum and serving as a primary staff liaison to Coast Guard Headquarters.
Being a Coast Guard civilian makes you a valuable member of the Coast Guard team. Typical work assignments include:
- Supervising a staff of 30+ Federal civilian and military personnel and at least 5 direct subordinate supervisors which you do performance evaluations for to ensure equitable and inclusive workforce that timely meets goals.
- Planning and coordinating development, consolidation, review and approval of programs and budgets of $80M+ to support projects, programs, and systems in the assigned program areas and stay on budget and time.
- Manage and supervise operations of an 80,000 + sq ft facility to ensure safe space to public with a stable climate control.
- Overseeing and developing project management enterprise wide to achieve goals with available resources on time.
- Leading strategic planning and implementation to support multiple departments agency wide.
- Collaborating with internal and external stakeholders including representing agency to senior officials, heads of NGOs and Congress to advance program’s initiatives and build a positive program reputation.
More details HERE.
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Digital Curator, Arizona State University
Curators work with outside clients and Digital Antiquity staff to draft administrative and descriptive metadata for digital files to be deposited in tDAR. Work may include digitizing paper documents, records, and images (scanning), following established best practices and national standards. Curators routinely create metadata records for digital files using tDAR data entry forms. In consultation with Digital Antiquity staff and supervisors, Curators identify and redact sensitive and/or confidential information found in digital files. In consultation with Digital Antiquity staff and supervisors, Curators assist in organizing digital files and correcting or modifying existing metadata in tDAR. Curators also assist in Digital Antiquity’s development, improvement and maintenance of the tDAR digital repository. Curators may train and supervise students and/or part-time curators, and perform quality control on the work done by students and/or part-time curators. Read more and apply HERE.
Learning Opportunities
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Nazi-era art Provenance Research Certificate program
The Center for Art Collection Ethics at the University of Denver
June 24-28, 2024
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. Read more HERE.
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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.
Judith Bresler Fellowship (2024-2025)
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Application Process
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.
Applications received by email will not be considered.
Spring News
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Copyright and Fair Use Clinic COMING THIS SPRING
You are invited!
To learn about the first session on April 10, 2024 visit our website .
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National Endowment for the Arts GRANT
“The National Endowment for the Arts (NEA) is pleased to announce the first round of recommended awards for fiscal year 2024, with 1,288 grants totaling $32,223,055. Recipients include organizations from all 50 states, the District of Columbia, and Puerto Rico, recommended in the categories of Grants for Arts Projects, Challenge America, Research Grants in the Arts, and Research Labs.”
We are honored to be among the inspiring receipients of the NEA Grant this year!
Learn more HERE.
February 2024 Case Law Corner
Accent Delight Int’l Ltd. v. Sotheby’s, 18-CV-9011 (S.D.N.Y. Jan. 30, 2024). Case Review available HERE.
Cassirer v. Thyssen-Bornemisza Collection Foundation, No. 19-55616 (9th Cir. 2024).
Kerson v. Vermont Law School Inc., No. 21-2904 (2d Cir. 2023).
Orlando Museum of Art, Inc., v. Aaron De Groft, No. 2023-CA-014410-O (9th Cir. 2023).
Sedlik v. von Drachenberg, No. 2:21-cv-01102-DSF-MRW (C.D. Cal. 2024).
Historical Case for our Looted Art Project:
Kunstmuseum Basel v. Wesdehlen (Art Comission Dec. 12, 2019).
Art Law Bookshelves
Colonial Heritage, Power, and Contestation: Negotiating Decolonisation in Latin America and the Caribbean
by Camila Andrea Malig Jedlicki
Recent debates about the return of colonially looted heritage have furthered the discussions on decolonisation around the world, and have reignited questions surrounding “what is, and who owns, cultural heritage”. These discourses in the meaning, production and management of heritage – with a growing presence of themes that address “Latinities” – have gained greater visibility in Latin America and the Caribbean, as challenges surrounding cultural heritage arise more prominently worldwide. …
Eds., Camila Andrea Malig Jedlicki, Naomi Oosterman, Rodrigo Christofoletti
Warhol After Warhol: Secrets, Lies, & Corruption in the Art World
by Richard Dorment
Warhol After Warhol: Secrets, Lies, & Corruption in the Art World is a courtroom drama about the authentication of a Warhol. The book delves into the saga that unfolds after art critic Richard Dorment receives a call from film producer and art collector Joe Simon, whose Warhol paintings have been declared fake by the Andy Warhol Art Authentication Board. What ensues is a decade-long rollercoaster ride involving a diverse cast of characters, including rock icons, film stars, art dealers, and even a lawyer for the mob. Against the backdrop of courtrooms and auction houses, the narrative explores the contentious debate over the authenticity of these iconic artworks, shedding light on the complex world of art authentication and the high-stakes consequences of such determinations.
The Art Front: The Defense of French Collections 1939-1945
by Rose Valland, translated by Ophélie Jouan
“Monuments Woman Rose Valland described her wartime experience working under the watchful eyes of the Nazis during their four-year occupation of Paris in her memoir Le front de l’art: Défense des collections françaises 1939-1945 (1961). The English-speaking world has never had an opportunity to read Rose Valland’s remarkable story, in her own words, until now.
The Monuments Men and Women Foundation will publish The Art Front: The Defense of French Collections 1939-1945 in Fall 2024. Translated by Ophélie Jouan, Rose Valland expert and art historian, and with an introduction by Foundation founder and chairman, Robert M. Edsel, the world-leading expert on the Monuments Men and Women, this beautifully bound hard-cover book will include almost one-hundred images, sure to delight art lovers as well as scholars, students, and veterans.”