Art Law Report

Graffiti, Vandalism, and Public Expression: Public Art and its Uneasy Relationship with the Law

Posted by Nicholas O'Donnell on October 2, 2014 at 1:24 PM

Recurring events involving public art have underscored the tension between that expression and the law. Banksy’s “residence” in New York last fall broached this subject, but this summer’s Brooklyn Bridge flag incident, and several new lawsuits asserting copyright in graffiti will test the bounds of what the law protects and what it permits. As Banksy says in one of his murals, "graffiti is a crime."

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Topics: Burrow-Giles Lithographic Co. v. Sarony, Ahol Sniffs Glue, David Anasagasti, Steel, City as Canvas, Moral Rights, Argentina, Public Art, Graffiti Art, Philippa Loengard, Visual Artists Rights Act of 1990, Leonardo’s Last Supper, Columbia Law School’s Kernochan Center for Law Med, Chicago, Museum of the City of New York, VARA, Public Expression, Michael Bloomberg, American Eagle, Terry Gilliam, Banksy, 17 U.S.C. § 106A, Copyright, Buenos Aires, 5Pointz, Revok, Roberto Cavalli, vandalism, Reyes, Graffiti, The Atlantic, New York

Court Grants Corcoran Cy Pres Petition to Merge with National Gallery and George Washington University

Posted by Nicholas O'Donnell on August 18, 2014 at 2:13 PM

News broke this afternoon that Judge Robert Okun has allowed the Corcoran Gallery and Corcoran College of Art + Design’s News broke this afternoon that Judge Robert Okun has allowed the Corcoran Gallery and Corcoran College of Art + Design’s cy prés petition to modify their governing trust to merge operations with the National Gallery of Art and George Washington university. I do not have a copy of the opinion yet, but Rebecca Cooper at the Washington Business Journal quotes the opinion as follows:

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Topics: Deaccession, Washington Business Journal, National Gallery of Art, George Washington University, Rebecca Cooper, Cy Pres, Judge Robert Okun, Corcoran College of Art + Design, Trusts, Corcoran Gallery, Museums, The Atlantic, Corcoran

Corcoran Cy Prés Trial Wraps Up, Whether Judge Thinks Deaccessioning is Worse than the Alternatives Will Influence Final Result

Posted by Nicholas O'Donnell on August 13, 2014 at 7:45 AM

The two-week trial over the possible reformation of the Corcoran Gallery and the Corcoran College of Art + Design ended last week, with Judge Robert Okun expected to rule by the end of the month.

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Topics: Deaccession, National Gallery of Art, Jayme McLellan, Andrew Tulumello, Save the Corcoran, George Washington University, Charles Patrizia, Deaccessioning, Cy Pres, Judge Robert Okun, Corcoran College of Art + Design, William Corcoran¸ Kriston Capps, Trusts, Corcoran Gallery, Museums, Lynn Sures, Peggy Loar, The Atlantic, Corcoran

UPDATE: Court Denies Government's Request to Amend Case to Reclaim Mask of Ka-Nefer-Nefer from St. Louis Art Museum

Posted by Nicholas O'Donnell on June 1, 2012 at 8:37 AM

Fresh on the heels of our coverage here and here and in the Atlantic, the U.S. District Court in St. Louis has rejected the U.S. government's efforts to save its case to reclaim the Mask of Ka-Nefer-Nefer.

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Topics: Mask of Ka-Nefer-Nefer, St. Louis Art Museum, Collections, Customs, The Atlantic

The Ethical Questions Raised by the Mask of Ka-Nefer-Nefer Case in this Month’s Atlantic

Posted by Nicholas O'Donnell on May 31, 2012 at 10:49 AM

Malcom Gay in the Atlantic reports on the dismissal of the federal government’s civil forfeiture action under U.S. customs laws United States v. The Mask of Ka-Nefer-Nefer, and the broader quesions about what a museum should do when faced with such claims. In April, the U.S. District Court allowed the St. Louis Museum of Art's Motion to Dismiss and issued a stinging rebuke of the case for seizure of the Mask under customs laws.

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Topics: Mask of Ka-Nefer-Nefer, St. Louis Art Museum, Collections, Malcom Gay, Customs, The Atlantic

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