The recent announcement of the launch of the Court of Arbitration for Art (CAA) is exciting and intriguing news. There is nothing peculiar to the art market or the art world about the existence of disputes—any businessperson in a wide variety of industries can testify to that. But what is promising about this initiative is the opportunity it presents to streamline an important segment of art world disputes, and in so doing to create a larger body of legal guidance that will in itself be useful in and outside of formal controversies. It does not supplant civil litigation in courts, nor does it make any pretense of doing so. It could, however, become an important complement. Critical will be enough buy-in from lawyers in particular to become willing to recommend its inclusion in contracts, for example. I would certainly include myself in that group, depending on the specific circumstances.
Topics: Stropheus, Judith Prowda, Sotheby’s Institute of Art, London, AAA, Geneva, Pryor Cashman LLP, Tom Brady, Megan Noh, New York, HEAR Act, CAA, Authentication in Art, Arbitration, JAMS, The Hague, NAI, Holocaust Expropriated Art Recovery Act of 2016, Quinn Emanuel Urquart & Sullivan LLP, Court of Arbitration for Art, Netherlands Arbitration Institute, William Charron, Cahill Cossu & Robinson LLP, Luke Nikas
The ABA Journal has opened voting again on its annual “Blog 100,” a roll of notable legal blogs. I’ve submitted votes for the following blogs (in no particular order), which I have bookmarked and consult regularly. The great thing about blogging, I have found, is the ability it gives the reader (and the blogger) to survey multiple perspectives on a subject. So when resale royalties are under discussion, or fair use, I don’t want to read only articles that I agree with or that take the same approach that I would. I also want to hear something I never would have thought of, and expand the conversation.
Topics: Donn Zaretsky, Paul Howcroft, ABA Journal, Stropheus, Blogs, Judith Prowda, Art Law & More, London, Peter Bert, Fladgate LLP, Richard Lehun, Constantine Cannon LLP, Irina Tarsis, Blog 100, Azmina Jasani, Pierre Valentin, Silberman and Associates, Dispute Resolution in Germany, Art@Law, Boodle Hatfield LLP, Taylor Wessing, Natalia Mikolajczyk, Private Art Investor, The Art Law Blog, Art Law London, Becky Shaw, Tim Maxwell, Center for Art Law, Frankfurt
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.
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
Looking forward to two great art and law events this week at the New York City Bar, both at 42 West 44th Street. Hope to see many of you there!
Topics: consignment, Cariou v. Prince, Judith A. Bresler, The Importance of Being Transformative, Copyright Fair Use, P.C., Judith Prowda, authentication, Kirkland & Ellis LLP, Dean R. Nicyper, Howard N. Spiegler, Authenticity Issues and Recent Developments, Stacy Lefkowitz, Has Transformative Use Gone Too Far?, Berkeley Center for Law and Technology, Google Books, The Law Applicable to Art Consignments, Garcia v. Google, Restitution, Dale Cendali, Pamela Samuelson, Copyright, Cowan Liebowitz & Latman, Visual Arts and the Law, Berkeley Law School, Judge Denny Chin, Sotheby’s Institute, Fair Use, Richard Dannay, Art Repatriation and Restitution
Last night was a fascinating evening at the Sotheby’s Institute in New York, where Judith Prowda was celebrating the launch of her new book Visual Arts and the Law (Lund Humphries 2013). The book, not at all incidentally, is a must-have.
Topics: free speech, Richard Prince, Amy Adler, Campbell v. Acuff-Rose Music, Judith Prowda, Canal Zone, Patrick Cariou, Lund Humphries, Boies Schiller, American Society of Media Photographers, Yes Rasta, Kirkland & Ellis, NYU Law School, Events, Picture Archive Council of America, Shepard Fairey, Dale Cendali, Copyright, Hope, Visual Arts and the Law, transformative, First Amendment, Associated Press, Sotheby’s Institute, Fair Use