Art Law Report

REMINDER Restitution and Repatriation: the Return of Cultural Objects at DePaul University November 14, 2013

Posted by Nicholas O'Donnell on November 12, 2013 at 4:13 AM

A reminder of this Thursday's event, all the more timely as the Gurlitt collection fallout continues:

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Topics: cultural property, Center for Art, Field Museum of Natural History, Jane Levine, Stanford University, Thomas R. Kline, Museum, Denver Museum of Nature and Science, Susan Taylor, Penn Museum, David Franklin, Frank Lord, University of Pennsylvania Department of Anthropol, Simon Frankel, Covington & Burling LLP, Lori Breslauer, Charles Brian Rose, Morag Kersel, Christopher Rollston, DePaul University, Steve Nash, Restitution, Rebecca Tsosie, Events, Richard Leventhal, Gary Johnson, World War II, Julie Getzels, Herrick Feinstein LLP, WilmerHale, Peter Neiman, University of Pennsylvania, Art Institute of Chicago, New Orleans Museum of Art, Andrews Kurth LLP, Toyozo Nakarai Emmanuel Christian Seminary, and Cultural Heritage Law, Arizona State University, Sotheby's, Cleveland Museum of Art, Museum of Fine Arts Boston, Chicago Historical Society, Victoria Reed, Patty Gerstenblith

Detroit Institute of Arts and Motor City Bankruptcy: Deaccessioning Fact and Fiction, Hope and Reality

Posted by Nicholas O'Donnell on August 1, 2013 at 12:27 PM

The recent filing by the City of Detroit for bankruptcy—the largest such municipal filing in history—has brought with it an unexpected art law twist. Namely: to what extent can, or should the collection of the Detroit Institute of Arts be used to satisfy the city’s creditors. As one might expect, the differences between what the city can do, what it should do, and what others can do to influence that decision have become hard to distinguish as the volume is raised. A review of some of the issues involved and the governing principles is in order. As rumors of the city’s bankruptcy circulated, speculation began about what would happen to the collection of DIA. And thus the dreaded “deaccession” debate began. This debate is essentially as follows: is art a fungible commodity that can and/or should be used in whatever way advances the mission of the institution (including selling it and using the proceeds to finance the museum’s operations), or do museums hold art in a public trust that must prioritize the collection and display of art? The latter view certainly holds sway among many in the museum community as an aspirational mattter, but its enforceability is often far less than they think.

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Topics: National Academy Museum, Brandeis, Deaccession, American Alliance of Museums, Rose Art Museum, AAM, the Metropolitan Museum of Art, Detroit Institute of Arts, Collections, Association of Art Museum Directors, Motor City, and the Museum of Fine Arts Boston, Cleveland Museum of Art, Detroit Bankruptcy, AAMD, Pennsylvania Academy of Fine Arts

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