Art Law Report

Books of Note: Visual Arts and the Law by Judith Prowda

Posted by Nicholas O'Donnell on January 15, 2015 at 6:02 PM

Periodically I like to make note of books about art law that I find exceptional. Art law is many things to many people, and one of the interesting things in surveying the literature is seeing what selection various authors make in terms of their subject matter. I reviewed the excellent Art Collecting Legal Handbook by Massimo Sterpi and Bruno Boesch recently, and the strength of that book was their choice to take a set of questions recurring in art collecting in particular to experts around the world. It’s a fantastic resource for collectors and lawyers.

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Topics: Art Finance, Stropheus, Auctions, Judith Prowda, authentication, droite de suite, Moral Rights, art law, expert opinions, dealers, Restitution, Massimo Sterpi, Art Collecting Legal Handbook, Galleries, Copyright, Books, . Auctions, Sotheby’s Institute, Fair Use, Berne Convention, Bruno Boesch

New Lawsuit Over Norman Rockwell Authenticity Spotlights Timely Issues

Posted by Nicholas O'Donnell on January 7, 2015 at 12:10 PM

A lawsuit has been filed in New Jersey about the authenticity of a painting sold more than 20 years ago that the gallery allegedly represented was a Norman Rockwell (himself a client of my firm long before my time), but which the plaintiff now alleges was not by the American legend. The case underscores the precarious position of authenticators, and the upside of the bill that has been pending in New York for almost a year now.

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Topics: authentication, authenticity, “Mending his Ways”, Harold Anderson, Laurence Casper, Gallery 63 Antiques, Norman Rockwell, Mobil Oil, Galleries, Isabel Knispel, U.C.C., Barry Knispel, “Patching Pants”

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

Gallery 49® Continues to Break Ground with Natvar Bhavsar: RANG RASA (Transcendent Color)

Posted by Nicholas O'Donnell on December 11, 2014 at 10:11 AM

Tower 49 in Manhattan premiered an exhibition in October that underscores its exciting collaboration of real estate and art. A unique commercial property on 49th Street between 5th Avenue and Madison Avenue, Tower 49 has always been for most New Yorkers a first class office space.

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Topics: Gallery 49®, Tower 49, Natvar Bhavsar, the Economist, Galleries, Natvar Bhavsar: RANG RASA (Transcendent Color), Ai Kato

Caveat Emptor: Dismissal is Affirmed of Perelman Lawsuit Against Gagosian Over Potential Resale of Koons Work

Posted by Nicholas O'Donnell on December 8, 2014 at 10:53 AM

The intermediate appeals court in New York affirmed last week the dismissal of Ronald Perelman’s lawsuit against Larry Gagosian (the initial dismissal was earlier this year). Although we did not analyze the underlying dismissal when it happened (Donn Zaretsky wrote a terrific recap at the time, here). The result, while not terrible surprising at this point, does underscore some important points to remember about the parties’ rights and duties in an art transaction.

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Topics: Legislation, Donn Zaretsky, Gagosian Gallery Inc., Appellate Divisision, MacAndrews & Forbes Group LLC, Jeff Koons, opinion of value, Galleries, Ronald Perelman, express warranty, Larry Gagosian, U.C.C. § 2-313

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