In the press and in popular culture, art theft and art forgery tend to be linked, and are often glamorized to a greater or lesser extent.1 The reality, however, is usually far more mundane, if not outright seedy (although
Cultural Assets
Legal Analysis and Commentary on Art and Cultural Property
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Droit de Suite: California Resale Royalty Revisited
The artist resale royalty right, what in Europe is often called the droit de suite, is a form of intellectual property right that allows primarily visual artists (who produce work in single objects or limited editions) with a right to…
The Future of History – Repatriation of Cultural Property
“Art” is famously difficult to define. To many artists, a definition is either a challenge or an offense. For the art trade, the working definition is pragmatic and fluid – art is a tangible object embodying the creative efforts of…
Art Valuation: The Detroit Institute of Arts
As the City of Detroit’s (the City) bankruptcy case enters its final phase, and confirmation of its plan of adjustment seems all but certain, the future of the Detroit Institute of Arts (DIA) appears assured. This has not always been…
The Rights of Images: Vivian Maier – The Battle for a Photographer’s Legacy
Photographer Vivian Maier posthumously emerged as an important and previously unknown American street photographer after the contents of her storage lockers were sold at auction in 2007. The storage lockers contained negatives – many negatives. But the identity of the photographer…
Art Consignment
We typically believe that if we entrust our property to someone else to sell it, the property remains ours until it is sold. However, this may not always be true. If the party into whose hands property has been entrusted…
Export Restrictions: Italian Mid-Twentieth Century Art
At the recent Frieze art fair in London, Italian mid-twentieth century work moved briskly. Sotheby’s Italian and Contemporary sales broke records, including the highest price ever paid for the work of Piero Manzoni, whose “Achrome” sold for £12.6 million. Several…
When a Museum Falters: The Corcoran Gallery of Art
In the United States, with a few exceptions, museums are organized as private charitable trusts or charitable corporations. They derive their purpose from their founders’ charitable purposes. When a museum falters (normally when endowment and other income is insufficient to…
Nazi-Looted Art: Cornelius Gurlitt and Toren v. Federal Republic of Germany and Free State of Bavaria
The Third Reich’s policy of seizing works of art to build the collection of a planned Fuhrermuseum to be constructed in Linz, Austria, or (for the modern works the regime deemed “entartete Kunst” (degenerate art)) is, by now, well-known. The…