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Fighting Back Against the “New Normal” – Artists Assert VARA Rights to Protect Street Art

By Katharine Haydock on July 15, 2019

Despite a recent decision in favor of municipal and property-developer defendants, a case pending in the Central District of Illinois serves as yet another warning to property developers to seek VARA waivers from artists up front. In April 2019, 13 artists (the “Artist-Plaintiffs”) brought VARA claims against two defendants, the Town of Normal (the “Town”) and real estate developer Bush Development (together, “Defendants”), in the Central District of Illinois for injunctive and other relief to…

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Pennsylvania District Court to Rule on Whether Street-Artist VARA Plaintiff Must Plead Facts Supporting “Recognized Stature”of the Work

By Grace Ha on May 13, 2019

colorful-abstract-wall-art-745px-W_300px-H

A case pending in the Western District of Pennsylvania should provide the opportunity for a federal judge to clarify the pleading requirements for the “recognized stature” element of a VARA claim. In April 2018, street artist Kyle Holbrook and two arts organizations that he founded brought VARA claims against forty-four defendants, including the City of Pittsburgh, in the federal court for the Western District of Pennsylvania, alleging that the defendants had mutilated and destroyed murals…

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Arts and Antiques Dealers Await Judge’s Ruling on Challenge to Strict New York State Ivory Law

By Amanda Boitano on May 2, 2019

Last year, two trade groups of New York-based art and antiques dealers brought claims against New York State officials in the federal court for the Southern District of New York, seeking to invalidate a 2014 New York law that opens dealers up to criminal penalties for buying and selling antique ivory.[1] On March 21, 2019, Judge Lorna Schofield of the Southern District of New York permitted the trade groups’ Third Amended Complaint to…

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Update: U.S. Supreme Court Denies Certiorari in California Resale Royalty Case

By Katharine Haydock on April 25, 2019

On April 1, 2019, the U.S. Supreme Court denied certiorari in a series of Ninth Circuit cases that found that the California Resale Royalty Act (“CRRA”) was partially preempted by section 301(a) of the 1976 Copyright Act. Under the CRRA, secondary-market sellers of fine art would be required to pay to the artist who created a work a five percent (5%) royalty on each resale of that work. After the Ninth Circuit ruled that…

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Who We Are: A Look Inside Our Art Law Practice Group

By HHR Art Law on April 15, 2019

At Hughes Hubbard, we are a full service firm with the suite of resources to provide clients with a reach and set of capabilities that is unique. In this video, our Art Law lawyers highlight some of the high-end work we do – and the number of issues at stake – for our high-end clients. …

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Failed Antitrust Case Against World-Class Museums or an Artist’s Veiled Publicity Stunt?

By Carolyn Harbus on February 6, 2019

Robert Cenedella – a satirical American artist – has apparently decided not to replead his antitrust case against five major New York City museums. On December 19, 2018, Judge John G. Koeltl of the Southern District of New York dismissed Cenedella’s class action complaint, but gave him the opportunity to submit an amended complaint by January 15, 2019.[1] That deadline has since passed, with nothing from Cenedella but a defiant email statement attacking…

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Update: Ninth Circuit Holds That CRRA Is Preempted by “First Sale Doctrine”

By Elizabeth Beitler on August 9, 2018

Above: Plaintiff Chuck Close. __________________ The Ninth Circuit recently issued its decision regarding the validity of the California Resale Royalty Act (“CRRA”) in three consolidated appeals: Close v. Sotheby’s, Inc., No. 16-56234, The Sam Francis Foundation v. Christie’s, Inc., No. 16-56235 and The Sam Francis Foundation v. eBay Inc., No. 16-56252. 2018 WL 3322222 (9th Cir. July 6, 2018). As previously discussed on this blog, the CRRA provides that an artist may recover a…

HHR Art Law

Update: “5Pointz” Artists Hold On to Win

By Katharine Haydock on July 13, 2018

On June 13, 2018, Judge Frederic Block of the Eastern District of New York issued an impassioned decision upholding the $6.75 million damage award he granted the aerosol artists of 5Pointz in February 2018. The court denied the defendants’ post-trial motion to grant a new trial or vacate the February 2018 judgment under Federal Rules of Civil Procedure 59(a)[1] and 52(b).[2] As discussed previously on this blog, this case arose from defendant…

HHR Art Law

Surprise Decision in Reif v. Nagy Raises As Many Questions As It Answers

By Webster D. McBride on April 23, 2018

both_stolen art post_apr2018_745x300 — *Woman in a Black Pinafore* (l) and *Woman Hiding Her Face* (r)

In its April 5, 2018 decision in Reif v. Nagy (Index No. 161799/15), the Commercial Division of New York State Supreme Court ordered two pieces of alleged Nazi-looted art turned over to relatives of their original Jewish owner, Fritz Grunbaum.[1] In a surprise ruling, the Court’s holding came in direct opposition to that reached by the Southern District of New York in a 2011 decision (affirmed by the Second Circuit in 2012)…

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Update: Enforcing an Artist’s Rights in Street Art

By Katharine Haydock on February 22, 2018

On February 12, Judge Frederic Block of the Eastern District of New York awarded $6.75 million in statutory damages to the aerosol artists of “5Pointz,” agreeing with the jury’s advisory finding that property developer Jerry Wolkoff violated those artists’ “right of integrity” under the Visual Artists Rights Act (“VARA”). As previously covered on this blog, VARA’s right of integrity grants a visual artist the right to prevent the destruction of her work of art so…

HHR Art Law

Blog Authors

Fighting Back Against the “New Normal” – Artists Assert VARA Rights to Protect Street Art

Pennsylvania District Court to Rule on Whether Street-Artist VARA Plaintiff Must Plead Facts Supporting “Recognized Stature”of the Work

Arts and Antiques Dealers Await Judge’s Ruling on Challenge to Strict New York State Ivory Law

Update: U.S. Supreme Court Denies Certiorari in California Resale Royalty Case

Who We Are: A Look Inside Our Art Law Practice Group

Failed Antitrust Case Against World-Class Museums or an Artist’s Veiled Publicity Stunt?

Update: Ninth Circuit Holds That CRRA Is Preempted by “First Sale Doctrine”

Update: “5Pointz” Artists Hold On to Win

Surprise Decision in Reif v. Nagy Raises As Many Questions As It Answers

Update: Enforcing an Artist’s Rights in Street Art

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