Art Law Report

Planned gifts can lead to hard feelings without careful planning and managed expectations

Posted by Nicholas O'Donnell on January 2, 2019 at 4:09 PM

The following is an article that appears in the January issue of Apollo magazine.

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Topics: Apollo Magazine, Chop Suey, Edward Hopper, Seattle Art Museum, Barney A. Ebsworth, Christie's, promissory estoppel, detrimental reliance, Planned gifts

A Trust For The Benefit of the Public is Not “the Public Trust”—The Deaccessioning Debate and the Detroit Institute of Arts

Posted by Nicholas O'Donnell on June 4, 2014 at 6:30 AM

Reflecting on the recent argument by the Detroit Institute of Arts that the city of Detroit cannot legally sell, let alone be forced to sell, the artwork in the museum to satisfy creditor, some overlapping terminology creates the possibility of an important confusion. Particularly in the realm of deaccessioning, this distinctions are quite important. Meanwhile, the state of Michigan today approved its part of the “Grand Bargain” to subsidize the bankruptcy to avoid sale or encumbrance of the artwork.

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Topics: Donn Zaretsky, Roberta Smith, Rose Art Museum, Lee Rosenbaum, Columbia University, Deaccessioning, Detroit Institute of Arts, Isabella Stewart Gardner Museum, Association of Art Museum Directors, Michigan, Albright-Knox Gallery, New York Times, Detroit Bankruptcy, AAMD, Edward Hopper, Pennsylvania Academy of Fine Arts, grand bargain, Brandeis University, Barnes Foundation

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The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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