The Art Law Report Providing timely updates and commentary on legal issues in the museum and visual arts communities

Monthly Archives: October 2011

Russian Ship Turns Away from San Francisco as Part of Chabad Russian Art Embargo Dispute

By Nicholas O'Donnell on Posted in Foreign Sovereign Immunities, Restitution

In a story that did not seem like it could get any more unusual, the long-running Chabad library dispute in Washington, DC that has resulted in a Russian fine art loan embargo for nearly a year took a maritime turn in San Francisco this weekend.  At the last minute, a sailing ship named the Nadezhda… Continue Reading

Beltracchi and Forgers Sentenced in Cologne

By Nicholas O'Donnell on Posted in Connoisseurship, Forgery

The forgery trial in Cologne ended yesterday with the sentencing of Wolfgang Beltracchi and his co-defendants for their now-infamous forgeries and sale of the fictional “Werner Jäger” collection-the name of his wife’s grandfather. Beltracchi was sentenced to 6 years, consistent with the deal struck last month with prosecutors, the other defendants (including his wife) to… Continue Reading

Russian Art Embargo News: Chabad Plaintiffs Put Request for Sanctions on Hold

By Nicholas O'Donnell on Posted in Foreign Sovereign Immunities, Restitution, World War II

The Chabad Lubavitch plaintiffs who have been trying for more than six years to obtain the return of the library of Menachem Schneerson—a case which has resulted in an embargo of Russian art loans to the United States for nearly a year—took the unexpected step this week of asking the court to refrain from ruling… Continue Reading

Christie’s and Sotheby’s Sued over California Resale Rights

By Nicholas O'Donnell on Posted in Collections, Intellectual Property, Legislation

Christie’s and Sotheby’s were sued this week by several artists (including Chuck Close) as class action plaintiffs, alleging violations of California’s Resale Royalty Act.  The Resale Royalty Act is one of the few statutes in the United States recognizing artists’ rights to some of the proceeds of the sale of their works, even after the… Continue Reading

Ellis Boston Begins Today

By Nicholas O'Donnell on Posted in Uncategorized

The Ellis Boston Antiques Show begins today.  I will be on a panel on Friday night, October 21, 2011 at 6:30 p.m. entitled “Essentials for the New Collector” about collecting antiques and fine art in today’s market.  I will be joined by PBS “Antiques Roadshow” appraiser Colleene Fesko and John Fiske, Editor of New England Antiques Journal. … Continue Reading

Barnes Foundation Case Dismissed, Relocation to Philadelphia Will Proceed

By Nicholas O'Donnell on Posted in Collections, Cy Pres, Standing, Trusts

To paraphrase the famous Saturday Night Live skit about General Francisco Franco: this just in: Museum members and supporters still cannot go to court to challenge the administration of the institution.  The Barnes Foundation has defeated the latest challenge to its right to move from its original home in Lower Merion outside of Philadelphia to… Continue Reading

Herzog Case Against Hungarian Museums Focuses on Issues to Be Appealed

By Nicholas O'Donnell on Posted in Foreign Sovereign Immunities, Restitution, World War II

With the recent decision in the Baron Herzog case dismissing some claims but allowing the bulk of the case to go forward, the next step is determining what issues can be appealed now.   Typically, only a final judgment can be appealed.  That is, even if the defendant was right about why the case should… Continue Reading