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Latest from Wilson, Elser, Moskowitz, Edelman & Dicker LLP

UNITED STATES Dealer’s Suit Against Gallery Owners for Declaring Agnes Martin Works Fakes Is Dismissed New York Supreme Court dismissed the lawsuit by the London-based The Mayor Gallery (The Mayor) against the owners of the Pace Gallery based on allegations that defendants “unlawfully declared that thirteen authentic Agnes Martin artworks are fakes, resulting in a loss … of more than $7 million.” The lawsuit asserted that defendants were financially motivated to exclude the works from…
The following are summaries of news reports pertaining to art law and art markets, organized by geographic regions for your browsing convenience. UNITED STATES Andy Warhol Foundation Wins Copyright Lawsuit Over Prince Portrait Photographer Lynn Goldsmith sued the Andy Warhol Foundation alleging that Warhol unlawfully used her photograph of Prince in a series of 1984 silkscreen works. Vanity Fair originally licensed the photograph in question in 1984 and commissioned Warhol to create an illustration for…
Just a few days after the Second Circuit held that New York’s Metropolitan Museum of Art could keep in its collection the monumental work by Pablo Picasso entitled The Actor, New York’s Appellate Division, First Department, upheld the return to the heirs of the original owners of art allegedly looted by the Nazis during World War II. Both of these recent decisions touch upon the Holocaust Expropriated Art Recovery Act (HEAR Act), the 2016 legislation…
On June 26, 2019, the Second Circuit upheld the 2018 decision of the United States District Court for the Southern District of New York that allowed New York’s Metropolitan Museum of Art (the Museum) to keep in its collection the monumental work by Pablo Picasso entitled The Actor, 1904−1905. The work was originally owned by Paul Friedrich Leffmann, a successful German-Jewish entrepreneur, who owned a manufacturing business and multiple properties as well as a sizable…
UNITED STATES SCOTUS May Get a Say in the Fate of the Guelph Treasure The Prussian Cultural Heritage Foundation (Stiftung Preussischer Kulturbesitz or SPK), which operates Berlin’s state museums, plans to seek review by the United States Supreme Court of the issue of U.S. courts’ jurisdiction to hear the case of the 1935 sale of the famed Guelph Treasure by Jewish art dealers to the Prussian government. The Guelph Treasure is a collection of 82…
UNITED STATES MFA Boston Bans Two Visitors, Reviews Internal Procedures Following Allegations of Racist Comments Directed at Students on a School Trip The Museum of Fine Arts (MFA) Boston completed its internal investigation into the complaint that children on a recent school trip to MFA were allegedly subjected to racist comments by visitors and profiling by staff. After reviewing video footage, MFA banned two visitors and revoked their memberships. MFA also committed to changing its…
UNITED STATES Computer Viruses as Contemporary Art Chinese internet artist Guo O Dong created the artwork titled “The Persistence of Chaos” by infecting a 2008 Samsung notebook with six of the worst computer viruses in the world. Now, the artwork is to be sold at auction and potential buyers have already made several hundred bids on the laptop, increasing the current going price to $1.2 million. Luckily the computer, presently “quarantined” in solitary confinement in…