Art Law Report

Opportunity Lost: Germany Enacts Revised Cultural Property Export Restrictions

Posted by Nicholas O'Donnell on June 24, 2016 at 10:13 AM

Immediately Squanders Market Opportunities Created by Brexit

On a historic day in the European Union, Germany quietly enacted the revised Cultural Property Protection Law (Kulturgutschutzgesetz) that has sparked much controversy in recent months.  On the very day that the United Kingdom’s vote to leave the European Union raises myriad questions about the effect on London in particular as a world center of the art market (see here for the terrific first take by our friends at Boodle Hatfield in London), Germany ironically has passed a law that will prevent it from stepping into any of the likely market void left by Britain's EU exit.  While Germany is not alone in cultural property protection laws of this sort, it is a silly and unnecessary regulation that will undercut the German art market—as vocally proclaimed by German art market players themselves.  In the art world, it was a regressive day on the eastern side of the Atlantic and a huge opportunity lost for Germany.

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Topics: Germany, France, England, Kulturgutschutzgesetz, Federal Republic of Germany, Cultural Property Protection Law, Brexit, Export Restriction, European Union, Joan of Arc

Anish Kapoor in Versailles: Requiring Removal of Graffiti Turns Into Compelled Speech

Posted by Nicholas O'Donnell on September 22, 2015 at 6:27 AM

Back in June, sculptor Anish Kapoor installed the sculpture Dirty Corner on the grounds of the famous palace there. Kapoor, who can’t seem to avoid public controversy over his work, saw the sculpture first become the object of debate with regard to its form itself, specifically, the suggestion that the shape of the large work was anatomical. Kapoor coyly fostered speculations about what it was meant to represent, but ultimately demurred that his “work has multiple interpretive possibilities." With recent vandalism and a court order that he remove the graffiti, however, the story has turned into one more about free expression and compelled speech. So far, it does not have a happy ending.

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Topics: Yahoo, Rock Fan, Versailles, The Art Newspaper, Fabien Bouglé, Ku Klux Klan, Dirty Corner, Graffiti Art, France, Williams College, Fleur Pellerin, Nazis, Palace of Versailles, Confederate Flag, Richard Serra, Catherine Pégard, refugee crisis, Williams College Museum of Art, First Amendment, Yardbird Suite, Anish Kapoor, François Hollande, vandalism, anti-Semitic, Graffiti, Amherst College, Tilted Arc

Glass Half Full or Half Empty? Detailed Report Published on Worldwide Efforts to Restitute Nazi-Looted Art Since the 1998 Washington Conference

Posted by Nicholas O'Donnell on September 11, 2014 at 6:35 AM

After the 1998 Washington Conference on Holocaust Era Assets and the eponymous Washington Conference Principles on Nazi-Stolen Art that came out of it, it is hardly surprising that a recurring theme has been to assess the progress of those nations that participated and signed on. Equally unsurprisingly, those assessments are usually more anecdotal than empirical, and usually arise out of a particular case or cases in the context of that country’s response.

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Topics: Graham Bowley, Macedonia, Netherlands, Terezin Declaration, Mussolini, Latvia, Dr. Wesley A. Fisher, Hungary, ICOM, Bulgaria, Commission for the Compensation of Victims of Spol, Germany, Bavarian Minister of Culture, Nazi-looted art, Die Welt, Belarus, Lex Gurlitt, Washington Conference on Holocaust Era Assets, France, Dr. Ruth Weinberger, Romania, Baron Mor Lipot Herzog, Winfried Bausbeck, Belgium, Slovakia, Vichy, World Jewish Restitution Organization, Bundesrat, Washington Conference Principles on Nazi-Stolen Ar, Gurlitt, WJRO, NS Raubkunst, Restitution, International Council of Museums, Norway, United States, Luxembourg, Looted Art, World War II, St. Petersburg, Poland, beschlagnahmte Kunst, Ukraine, Austria, Serbia, Conference on Jewish Material Claims Against Germa, Italy, Bosnia, New York Times, Monika Grütters, Slovenia, Estonia, Museum and Politics Conference, National Gallery, Museum of Fine Arts, entzogogene Kunst, Czech Republic

Claims by Mendelssohn Bartholdy Heirs over Picasso "Madame Soler" Dismissed, Court Finds No FSIA Jurisdiction After Evidentiary Hearings

Posted by Nicholas O'Donnell on July 1, 2014 at 10:49 AM

The U.S. District Court for the Southern District of New York has dismissed claims for ownership of Madame Soler by Pablo Picasso, currently at the Pinakothek der Moderne in Munich. Just as the relevance of Judge Jed Rakoff’s comments over another art restitution case brought by the heirs of Paul von Mendelssohn Bartholdy unexpectedly came to the fore recently, Judge Rakoff’s decision is now the most recent in a line of frustrations for the heirs of Mendelssohn Bartholdy, a victim of Nazi persecution in Berlin in the 1930s. The ramifications of this case may be fairly narrow, however, as the case was premised on allegations of specific transactions in New York rather than general allegations about the conduct of Germany. The claimants could appeal, or perhaps turn to the Limbach Commission if they could be heard (the Pinakothek is a subdivision of Germany for jurisdictional analysis, but it’s unclear at first blush if the Commission would view this claim as within its province).

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Topics: Paul von Mendelssohn Bartholdy, Berlin, commercial activity exception, Cornelius Gurlitt, Florence Kesselstatt, Judge Jed Rakoff, Halldor Soehner, Saint-Jean-Cap-Ferrat, Julius Schoeps, Upper East Side, Prussia, Max Liebermann, Night Café, Gurlitt Collection, Foreign Sovereign Immunities Act, Preussen, France, State Paintings Collection, Madame Soler, Museum of Modern Art, Edelgard von Lavergne-Peguilhen, Van Gogh, Munich, Justin K. Thannhauser, FSIA, expropriation exception”, Nazi persecution, Boy Leading a Horse, Restitution, David Toren, Bayerische Staatsgemäldesammlung, Bavarian State Ministry for Education and Culture, Free State of Bavaria, World War II, Foreign Sovereign Immunities, Pinakothek der Moderne, Bayerisches Staatsministerium für Bildung und Kult, Bundesländer, Altmann v. Republic of Austria, Freistaat Bayern, Le Moulin de la Galette, Kurt Martin, München, Pablo Picasso, Federal Republic of Germany, Limbach Commission, Wissenschaft und Kunst

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