Art Law Report

10, 9, 8…the Biggest Art Law Report Stories of 2014 and a Look Ahead

Posted by Nicholas O'Donnell on December 31, 2014 at 5:00 AM

As the ball teeters above Times Square, and the Glühwein begins to mull on the Art Law Report stove (don’t forget the cinnamon!), a gimmicky but apropos act of reflection is to look back at the biggest stories of 2014, both in art law generally and for yours truly and Sullivan & Worcester LLP. In highly subjective, unverifiable, and immediately criticizeable order, here they are. Thanks as always for reading, and best wishes for in interesting, prosperous New Year. If you agree, disagree, or otherwise, please continue to stay in touch and carry the conversation forward.

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Topics: Comedy Central, Deaccession, Schwabinger Kunstfund, Charitable Foundations, National Gallery of Art, Knoedler, Cornelius Gurlitt, Blogs, authentication, authenticity, parody, William Corcoran, Moral Rights, Above the Law, Germany, George Washington University, Glühwein, Nazi-looted art, Gurlitt Collection, Norton Simon, Graffiti Art, Superior Court, Cy Pres, Washington DC, VARA, Detroit Institute of Arts, Bankruptcy, Corcoran College of Art + Design, Dumb Starbucks, Preemption, Asher Edelman, DIA, Restitution, Marei Von Saher, Artmentum GmbH, Bavaria, Sullivan & Worcester LLP, World War II, Copyright, Times Square, Art Fairs, Kunstmuseum Bern, Corcoran Gallery, Ninth Circuit Court of Appeals, Museums, Raubkunst, Detroit Bankruptcy, Fair Use, Münchner Kunstfund, Foreign Cultural Exchange Jurisdictional Immunity, Graffiti, Civil Forfeiture, Art Law Report

Changes in U.S. Law Regarding Cuba Will Affect the Arts

Posted by Nicholas O'Donnell on December 19, 2014 at 5:39 AM

This week’s biggest news story (apart from Above the Law’s Awesome Law Blogs of 2014) is the historic reopening of diplomatic relations between the United States and Cuba after more than fifty years. Like a coda to the end of the Cold War, we all found ourselves watching the President of the United States describing how there will once again be a U.S. embassy in Cuba. For those of us who have not been alive as long as diplomatic ties have been severed and the Castro regime has been in place, it was a remarkable sight indeed.

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Topics: Castro, Sudan, Gabriela Rangel, Auctions, U.S. Treasury’s Office of Foreign Assets Control, President of the United States, OFAC, Above the Law, Congress, Art Basel Miami Beach, North Korea, economic embargo of Cuba, Galleries, Wall Street Journal, President Obama, Art Fairs, State Sponsor of Terrorism List, Cuban peso, the Americas Society, 12 Awesome Law Blogs of 2014, Iran, ArtNet, Syria, Foreign Affairs, Art Law Report, State Department, Cuba, Cold War

Books of Note: "The Art Collecting Legal Handbook" Reviewed

Posted by Nicholas O'Donnell on September 18, 2014 at 12:14 PM

In the course of our work here, I like to call out books and articles that I feel are worthy of praise, usually the in the course of a particular post or issue. After a too-long stay on the corner of my desk awaiting time to read it, I finally finished a book published last year that should be an essential for any collector, or lawyer dealing with clients across borders. Entitled The Art Collecting Legal Handbook (Thomson Reuters), the book is edited by Bruno Boesch and Massimo Sterpi, both notable European practitioners in art and cultural affairs law, at Froriep in London and Studio Legale Jacobacci & Associati in Rome, respectively.

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Topics: Legislation, The Art Collecting Legal Handbook, the Middle East, looted property, Forgery, Auctions, VAT, Studio Legale Jacobacci & Associati, authenticity, London, Sam Keller, Julien Anfruns, droite de suite, Froriep, Moral Rights, Europe, North America, Holocaust claims, California, Fondation Beyeler, Howard Kennedy FSI, Thomson Reuters, Asia, Rome, Restitution, International Council of Museums, Massimo Sterpi, United States, World War II, Sabina von Arx, 1970 UNESCO Convention, Morgan Stanley, Art Fairs, Publications, Litigation, due diligence, Immunity from Seizure Act, Museums, Bruno Boesch, 1995 UNIDROIT Convention on Stolen or Illegally Ex, Daniel McClean, New York

Audio Now Available of “Art Fairs: An Irresistible Force In The Art World?” at Sotheby’s Institute

Posted by Nicholas O'Donnell on July 28, 2014 at 6:27 AM

I took part in a panel discussion at the Sotheby’s Institute on May 27, 2014 entitled “Art Fairs: An Irresistible Force In The Art World?”

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Topics: Eileen Kinsella, Entertainment Arts & Sports Law Section, Kristina Nazarevskaia, Richard, Elizabeth Dee, Events, Edward Winkleman, Art Fairs, Indpendent, New York State Bar Association, Judith B. Prowda, galleryIntell, John Haber, Nicholas M. O'Donnell, ArtNet

Reactions and Reviews of “Art Fairs: An Irresistible Force In The Art World?” At Sotheby’s Institute Last Week

Posted by Nicholas O'Donnell on June 2, 2014 at 6:03 AM

I took part in last week’s panel discussion at the Sotheby’s Institute entitled “Art Fairs: An Irresistible Force In The Art World?” Moderated by Judith Prowda, the panel was comprised of Edward Winkleman, Elizabeth Dee, Richard Lehun, and me. We reviewed the financial, practical, ethical, and legal effects that the expansion of art fairs has had on the trade.

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Topics: Eileen Kinsella, Sotheby’s Institute of Art, Entertainment Arts & Sports Law Section, Kristina Nazarevskaia, Richard Lehun, Elizabeth Dee, Sullivan & Worcester LLP, Stropheus Art Law, Events, Edward Winkleman, Art Fairs, Indpendent, New York State Bar Association, Judith B. Prowda, galleryIntell, Nicholas M. O'Donnell, ArtNet

REMINDER: “Art Fairs: An Irresistible Force In The Art World?” at Sotheby’s Institute May 27, 2014

Posted by Nicholas O'Donnell on May 23, 2014 at 12:11 PM

A reminder that I’ll be taking part in an event sponsored by the Entertainment Arts & Sports Law Section of the New York State Bar Association on Tuesday, May 27, 2014, to be held at the Sotheby’s Institute of Art at 570 Lexington Avenue starting at 6:30 p.m. The event description is copied below, and registration is available here. I hope to see you there!

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Topics: Sotheby’s Institute of Art, Entertainment Arts & Sports Law Section, Richard Lehun, Elizabeth Dee, Sullivan & Worcester LLP, Stropheus Art Law, Events, Selling Contemporary Art: How to Navigate the Evol, Edward Winkleman, Art Fairs, Indpendent, New York State Bar Association, Judith B. Prowda, Nicholas M. O'Donnell, Visual Arts and the Law: A Handbook for Profession

“Art Fairs: An Irresistible Force In The Art World?” at Sotheby’s Institute May 27, 2014

Posted by Nicholas O'Donnell on May 16, 2014 at 8:56 AM

I’m excited to report that I’ll be taking part in an event sponsored by the Entertainment Arts & Sports Law Section of the New York State Bar Association on Tuesday, May 27, 2014, to be held at the Sotheby’s Institute of Art at 570 Lexington Avenue starting at 6:30 p.m. The event description is copied below, and registration is available here. I hope to see you there!

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Topics: Sotheby’s Institute of Art, Entertainment Arts & Sports Law Section, Richard Lehun, Elizabeth Dee, Sullivan & Worcester LLP, Stropheus Art Law, Events, Selling Contemporary Art: How to Navigate the Evol, Edward Winkleman, Art Fairs, Indpendent, New York State Bar Association, Judith B. Prowda, Nicholas M. O'Donnell, Visual Arts and the Law: A Handbook for Profession

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