On January 23rd, in a rare public appearance, Jasper Johns testified against a New York foundry owner, Brian Ramnarine, who was charged with creating unauthorized sculptures, including a fraudulent Johns “Flag” sculpture which Ramnarine allegedly made from the original mold
Art Law Blog
News & Updates on Legal Issues Facing the Art World
The Art Law Blog, published by Sheppard, Mullin, Richter & Hampton LLP, focuses on legal issues at the intersection of art and law. It covers topics such as art-backed lending and the use of fine art as collateral in financial transactions, legal challenges related to art authenticity and due diligence in the art market, copyright considerations involving AI-generated art, and international perspectives on intellectual property rights for creative works. The blog also addresses litigation trends involving art forgery, the evolving legal standards for human authorship in AI-created content, and the implications of differing copyright laws across jurisdictions. It serves as a resource on the complex legal landscape affecting collectors, artists, galleries, and financial institutions engaged with art assets.
Latest from Art Law Blog - Page 5
Mum’s the Word: New York’s Highest Court Maintains Anonymity in Auction Sales
In late 2012, we reported on a New York Appellate Division order that sent shockwaves and fear of instability through the auction house world. Late last month, the New York Court Appeals issued its opinion in the case of William…
The financial crisis and a new round of deaccessioning debates
When public institutions are suffering from financial deficits, one question is usually raised: can they sell art to survive? In the museum world it is generally understood that you are to deaccession art only if the work is duplicative of…
The Architecture of Copyright
This summer, Pacific Standard Time’s world-class exhibits highlight the architecture that gives Southern California its unique reputation for modern but relaxed style. This series of exhibits, a Getty initiative, titled “Modern Architecture in LA,” maps the aspect of Los Angeles…
DOMA goes down – Copyright goes up – U.S. v. Windsor, Supreme Court, No. 12-307, decided June 26, 2013
The Supreme Court today handed down a far reaching decision throwing out an attempt by Congress to deny the benefits conferred by federal law on same sex couples legally married under state law holding that the Defense of Marriage Act…
Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only Transformative Quality Required
In Cariou v. Prince, No. 11-1197-cv (2d Cir. Apr. 25, 2013), an opinion with significant importance for the art world, the U.S. Court of Appeals for the Second Circuit clarified what is required for a defendant’s entitlement to the “fair…
Museum Loans – Part Two
Last post discussed the legal issues surrounding museum loan agreements. This post continues the discussion of museum loans with a look at loans coming into the U.S. from abroad. When exhibition descriptions use the phrase “supported by an indemnity from…
Museum Loans
Museum loans have many benefits. Generous lenders serve the public good by making works available for display and exhibition both here and abroad. Lenders should have a passing familiarity with legal issues surrounding museum loan agreements because the agreement is…
Russian Revolution Redux
By Christine Steiner and Valentina Shenderovich
The long-ago Russian Revolution has been fought anew in the Federal courts in New York. The case is Konowaloff v. Metropololitan Museum of Art, and it involves a lawsuit seeking to recover a Cezanne…
Caveat Consignor
Auction houses typically do not disclose the identity of the seller on their sales contracts. A recent New York trial court decision may drastically change that longstanding practice.
The auction trade is supply-driven. As such, it heavily depends on sellers…