This fall has seen more developments in the fields of artificial intelligence, law and the arts. As you may know, one of the Center’s recent focuses has been on researching and understanding more of generative AI concerns, challenges and implications for the art and legal community. To this end, we submitted a public comment to the Copyright Office (along with 9,700+ other comments!) This comment outlines our perspectives and recommendations on AI-generated art, offering some insights for artists, technology companies, and potential guidelines for the copyright office concerning copyright and authorship.
We are also closely following the Federal Trade Commission’s exploration of algorithm disgorgement as an enforcement tool for AI and the development of other tools such as Nightshade which manipulate machine-learning models and potentially “poison” data sets. Some notable cases to follow include a claim for direct infringement against Stability AI, as well as dismissals of claims against AI companies for infringement, right of publicity, unfair competition, and breach of contract—though these may resurface. In 2024 we will continue exploring this area (AI and art law) and continue with the “Some Like It Digital” discussions.
Please feel free to reach out to us with any insights and suggestions,
Atreya Mathur,
Director of Legal Research
Content
In Brief
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Painting stolen by an American Soldier during World War II returned to German Museum
A baroque landscape painting that went missing during WWII was returned to Germany this October. The FBI handed over the work, by Austrian artist Johann Franz Nepomk Lauterer, to a German Museum representative in a ceremony outside the German Consulate in Chicago, where the piece had been on display. Art Recovery International, tracked down the painting after someone in Chicago reached out claiming to possess a “stolen or looted” painting that their uncle brought back to the U.S. after serving in WWII. With the help of the FBI Art Crime Team, attorneys and the museum, an unconditional surrender of the work was completed.
Full story HERE…
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Swiss Museum Reaches Restitution Agreement Over Cézanne Painting Headed to Christie’s
The Museum Langmatt in Switzerland announced last month that it would be selling up to three Cézanne works in its collection at Christie’s in November. However, the Museum discovered through presale provenance research that the sale of Fruits et pot de gingembre may have been sold to the institution under duress. The museum reached out to the heirs of Jacob Goldschmidt,, a Jewish art dealer who jointly acquired the painting in 1929, and reached a restitution settlement with Christie’s. Goldschmidt was forced out of work as an art dealer in the 1930s following the Nazi party ban on Jewish-owned businesses.
Full story HERE…
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Established New York Dealer Fallen from Grace–He’s a Trafficker
A recent announcement by Manhattan District Attorney Alvin Bragg of the return of 19 antiquities to Italy disclosed charges against veteran New York antiquities dealer Michael Ward. Ward was a prominent figure in antiquities collecting. In 1992, he was appointed by then-president George H. W. Bush to the United States Cultural Property Advisory Committee; however, even then Ward was apparently getting into trouble. Soon after his appointment, Ward came under scrutiny because of his attempt to sell 50 pieces of important Mycenaean jewelry. In October 2023, Ward was charged with criminal facilitation in the fourth degree, a misdemeanor. He was found to have assisted Eugene Alexander, a Bulgarian trafficker, in multiple art money laundering schemes, in which stolen antiquities are sold to collectors including Steinhardt. Ward is expected to plead guilty to the charge and assist the police in investigations of Alexander. RW
Read more HERE…
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Tricky-Tricky: Art Dealer, Who Sold Egyptian Antiquities to the Louvre and the Met, Arrested
On October 31st, an alleged antiquities trafficker Serop Simonian was extradited to Paris following his arrest in Germany. Born in Cairo in 1942, Simonian is a naturalized German citizen who comes from a family of antiquities dealers based in Hamburg. He sold multiple antiquities with suspicious provenance to famous institutions such as the Louvre and the MET. One of the pieces was the golden sarcophagus of priest Nedjemankh, which was looted during the Arab Spring in 2011 and sold to the Met in 2017 for €3.5 million ($3.7 million). Two high-standing museum professionals, Jean-Luc Martinez, former director of the Louvre from 2013 to 2021, and Jean-François Charnier, curator and scientific director at Agence France Muséums, are also embroiled in the affair. Simonian previously denied the criminal charges, claiming that the antiquities in question were from his family collection. RW
Read more HERE…
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Bragg This: $19 Million Worth of Antiquities Returned to Italy
The Manhattan District Attorney Alvin L. Bragg, Jr. announced that 19 antiquities will be returned to Italy. The collection is valued at $19 million dollars, with the oldest from 6th century B.C.E. The works were seized during several investigations of major antiquities traffickers. The pieces were then returned during a repatriation ceremony at the Italian Consulate. The antiquities dealers responsible would use local looters to raid Italian archaeological sites. These dealers would have the items restored and produce falsified provenance papers before selling the works to auction houses and galleries around the world. LK
Read more HERE…
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Bragg That: The Legal Battle Between The Cleveland Museum of Art and the Manhattan DA
The Cleveland Museum sued Manhattan District Attorney Alvin Bragg in the federal district court in Ohio over the seizure of a Turkish sculpture valued at $20 million from the museum. In the lawsuit, the museum asserts that it is the rightful owner of the statue titled “Draped Male Figure.” The statute was seized in place, so the statue remains at the museum, but is not legally considered the museum’s property. The Manhattan DA’s warrant stated that the statue was looted from Turkey and property of Turkey. The museum has papers documenting the acquisition of the sculpture from the Edward H. Merrin Inc. art gallery in New York in 1986. Turkey never claimed ownership of the statue. The Manhattan DA bases their argument on the belief that the statue, depicting Marcus Aurelius, was looted from the Bubon in Turkey, and therefore must be repatriated under Turkish law.
Read more HERE…
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The Art of The Fine Print
The internet has become divided on a new contract law case, with a 70-year-old man in the middle of it all. Christian Agostino von Hassell, who is the son of a German resistance leader, had many older antiques, including oil paintings, an armoire, wall sconces, Persian rugs, samurai armor, and a desk that he inherited from his father that was worth nearly $40,000, in a storage unit in Queens. In January, Von Hassell became ill and was unable to pay the fee and so the facility sold his items, including the desk. Von Hassell tried to get in contact with the facility but they never answered him. After the issue was reported on news outlets, many people on the internet were divided on the issue with some believing that the facility’s policy should be upheld, while others are deeming it unfair. SNA
Read more HERE…
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From Swiss Vaults to Turkish Delights: The Glorious Homecoming of a 6,000-Year-Old Treasure
In early October, a ceremony was held in the Turkish Embassy in Switzerland in honor of the return of 37 smuggled Turkish artifacts found in Switzerland. Like countries such as China and Egypt, Turkey has been the victim of having its cultural artifacts taken. However, thanks to the Swiss Federal Office of Culture, the artifacts have been shipped back to Turkey on a cargo plane. Turkey and Switzerland have joined forces, and signed a bilateral agreement last year, to combat the illegal trafficking of cultural property through Switzerland. SNA
Read more HERE…
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Labor of something: Artforum Editor Fired Over a Letter on Gaza
On October 26, the editor-in-chief of ArtForum, David Velasco, was fired for publishing a letter (dated October 19) calling for a ceasefire in Gaza and making no reference to the terrorist attack that occurred in Israel on October 7. The letter was signed by thousands of artists and art-related people (including Velasco and many ArtForum staffers). Later, a preamble was added that referenced the attack and indicated that the letter “reflects the views of the undersigned individual parties and was not composed, directed, or initiated by Artforum or its staff.” Artforum released a statement explaining that Velasco’s firing was because he did not follow traditional editorial protocol by failing to run the letter by senior management. Velasco disagreed, saying that there was no official codified rule and there was precedent for his actions. AME
Read more HERE…
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Oh là là! Art Collecting Dynasty Heir May Be On the Hook for Tax Fraud
Billionaire art dealer Guy Wildenstein is on trial for tax fraud in France. His company, Wildenstein & Co., has now traded art for five generations. This trial represents the third time since 2016 that Guy Wildenstein has stood trial for “the longest and most sophisticated tax fraud” in modern French history. If found guilty, Wildenstein would have to pay over $1 billion in back taxes and fines. The family has been accused of stashing money and paintings across the world in foreign trusts, to hide their wealth from taxation. The issue in this case is whether the trusts should have been reported and whether Wildenstein personally directed the trustees to violate the rules of tax-exempt status. Read more about the complex legal history of the Wildenstein family fortune from The New York Times Magazine. AME
Read more HERE…
Kunst im Recht, 2023
Conference
Art Lawyers Association Annual Conference and Dinner
Career Opportunities
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Editor -- The ArtNewspaper
The Art Newspaper, a publication in the international art scene, is on the lookout for a new Editor. The Editor will be the creative force behind the entire editorial content across all media platforms, leading a team in the UK and the US. This role involves shaping the strategic direction in collaboration with top leadership, overseeing special projects, and managing the publication’s reputation and quality. The ideal candidate will have a strong standing in the arts and culture realm, exceptional leadership skills, and a knack for engaging with diverse art communities.
Read more and apply HERE…
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Resilience Grants Program for Cuban Migrant Artists --Artists at Risk Connection
In the face of the challenges posed by exile and migration to the creative expression of many Cuban artists, the Artists at Risk Connection (ARC), in collaboration with PEN International, is pleased to announce the launch of the Resilience Grants Program for Cuban migrant artists. The goal of this initiative is to provide essential support to ten Cuban migrant artists, empowering them to overcome the challenges they face and bring their creative visions to life. The main objective of the grant program is to empower these artists through a resilience scholarship to support them in the execution of artistic projects that serve as powerful means to address issues such as artistic freedom, cultural rights, human rights, and other relevant issues. Beyond financial support, the grant program will provide various resources to help Cuban migrant artists navigate the new professional environment in which they reside abroad.
Read more and apply HERE…
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Compliance Analyst Conflicts of Interest -- Mizuho · (New York, NY)
VP, Compliance Analyst Conflicts of Interest
Essential Duties & Responsibilities:
- Act as the Subject Matter Expert on maintaining Conflicts of Interest Framework
- Identify and escalate any potential conflicts of interest for resolution that may arise from updated deals or from potential transactions
- Seek updates to deal information and log any potential new transaction for assigned areas within the Control Room’s Conflict Clearing system
- Manage deals with potential conflicts to ensure a proper and full resolution
- Work closely with business lines and Legal when actual or potential conflicts arise
- Maintain Information Barriers to restrict the improper flow of information and prevent the misuse of material non-public information between private and public sides of the firm
- Maintaining the Firm’s Watch and Restricted Lists. Implement restrictions pursuant to securities laws and Firm policies and procedures
- Reviewing the Firm’s Research prior to publication to ensure it adheres to FINRA and SEC rule requirements
- Advising Research, Banking and various origination groups on regulatory requirements and Firm policies
Read more and apply HERE…
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Heritage Protection Assistant (F/M/X) (Paris, France)
Project Support: In close cooperation with the Head of Department, the Heritage Protection Assistant will assist in the development, planning and implementation of the Heritage Protection Department’s activities, in particular: • the realisation and administrative follow-up of projects, content, tools and programmes for the prevention of risk and protection of cultural heritage (including the Red Lists of cultural objects in danger), • the development of programmes for the protection of movable cultural heritage at risk in various countries (risk management and disaster prevention), including emergency preparedness and response activities for museums, where appropriate in close collaboration with other departments and/or national or international partners, • the publication and distribution of Heritage Protection Department tools and resources, • the drafting of analytical notes concerning the protection of cultural property, including its legal and normative aspects, • the monitoring current events and international initiatives in the field of heritage protection.
Read more and apply HERE…
Give us a round of apple-lause today!
Eureka! The giving season is here… and so is our End of Year Fundraiser!
As we look to and beyond Giving Tuesday, we’re asking that you think about how the Center for Art Law has helped you. Have you learned something new during an event? Participated in our internship program? Used our online resources? If you’ve gained anything from our research, programs, and resources, consider donating! Think of each donation as an apple in a basket. A steady supply of apples means that the Center for Art Law can continue serving the art law community of the world… because an apple a day is the lawyer’s hooray!
Design and Development: Alisa Grishin, Cynthia Li and the Center for Art Law Team
InstagramOn Our Calendar
ABC’s of Art Law: C is for Consignment
ABCs of Art Law: D is for Divorce
25 years Later: Speaking about “The Washington Principles”
Artist Legacy and Estate Planning Clinic (Dec. 2023)
Artist Legacy and Estate Planning Clinic (Dec. 13)
Artist Legacy and Estate Planning Clinic (Mar. 2024)
Case Law Corner
- Andersen v. Stability AI Ltd., 23-cv-00201-WHO (N.D. Cal. Oct. 30, 2023)
- Elam v. Early, 1:23-cv-229 (MSN/WEF) (E.D. Va. Oct. 31, 2023)
- Frederick Iseman v. Michael Hecht et al., No. Unassigned (N.Y 2023)
- In case R 1246/2021-5 ,(European Union Intellectual Property Office Fifth Board of Appeal) (25 October 2022)
- Reif v. Art Institute of Chicago, 1:23-cv-02443-JGK, (SDNY, November 9, 2023).
Publications
Images of Class: Operaismo, Autonomia and the Visual Arts (1962-1988)
During the 1960s and 1970s, Workerism and Autonomia were prominent Marxist currents. This book focuses on the aesthetic and cultural discourse developed by three generations of militants, and how it was appropriated by artists, architects, graphic designers, and architectural historians. Images of Class signpost key moments of this dialogue, ranging from the drawings published on classe operaia to Potere Operaio’s exhibition in Paris, the Metropolitan Indians’ zines, a feminist art collective that adhered to the Wages for Housework Campaign, and the N group’s experiments with Gestalt theory. Featuring more than 140 images of artworks, many published here for the first time, this volume is a delightful read for those interested in post-war Italian culture and the influential Marxist movements of the twentieth and twenty-first centuries worldwide.
Visualizing Genocide: Indigenous Interventions in Art, Archives, and Museums
According to the Publisher, this book examines how creative arts and memory institutions selectively commemorate or outright ignore stark histories of colonialism. It tracks how massacres, disease, removals, abrogated treaties, religious intolerance, theft of land, and relocation are conceived by contemporary academics and artists. The Contributors address indigeneity in the United States, Norway, Canada, Australia, and the Caribbean in scholarly essays, poems, and artist narratives. While voicing honest critique, the authors offer concrete strategies for the future. This powerful collection of voices employs Indigenous epistemologies and decolonial strategies, providing essential perspectives on art and visual culture.
Caring for Cultural Heritage: An Integrated Approach to Legal and Ethical Initiatives in the United Kingdom
“This book explores how cultural heritage and its care are translated in UK law and non-law instruments. It analyses how communities of care look after cultural heritage because they care about it. These communities include the international and national community, national and local governments, courts, professional bodies, institutions such as museums as well as community groups. ‘Care’ refers to the varied ways in which communities engage with cultural heritage to maintain it, sustain relationships about it and with it, use it, and provide access to it, to pass it on to future generations. The book also assesses how far these nested practices of care assist communities of care in providing respectful, empathetic and dialogical care to navigate harm to cultural heritage. It will be of interest to scholars of cultural heritage studies across disciplines, including law, sociology, and anthropology, as well as policymakers and practitioners in cultural heritage management.”
Censored Art Today
Art is about expression, but quite often art is not allowed to express. Art censorship is a centuries-old issue which appears to be on the rise in the 21st century—why is this the case? This accessible, informed booklet analyzes the censorship of art and so-called ‘cancel culture,’ focusing on who the censors are and why they are clamping down on forms of artistic expression worldwide. Gareth Harris skillfully parses the different contexts in which artists, museums, and curators face restrictions today, investigating political censorship in China, Cuba, and the Middle East; the suppression of LGBTQ+ artists in ‘illiberal democracies’; the algorithms policing art online; Western museums and ‘cancel culture’; and the narratives around ‘problematic’ monuments. This book will enrich the understanding of anyone concerned with the role of art in our time.
