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

Monthly Archives: March 2012

Foreign Cultural Exchange Jurisdictional Immunity Clarification Act: House Votes to Amend FSIA to Exclude Artwork Loan as Basis for Jurisdiction

By Nicholas O'Donnell on Posted in Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, Foreign Sovereign Immunities, Legislation, Restitution, Senate Bill 2212, World War II

The House of Representatives approved the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act on March 19, 2012, to remove the display of a work of art in the United States as basis to sue a foreign sovereign here.  The law touches on important distinctions between immunity from suit—when a party cannot be sued at all—from… Continue Reading

Poster Collection Seized by Nazis Ordered Returned by German High Court

By Nicholas O'Donnell on Posted in Collections, Restitution, World War II

  Catherine Hickley of Bloomberg reports today from Berlin about a court-ordered return of more than 4,000 once owned by Hans Sachs, a Jewish dentist chased out of Nazi Germany.  The Bundesgerichtshof (BGH) is Germany’s highest civil court, and handed down the decision. At one time, Sachs’s collection had more than 12,000 posters by artist… Continue Reading

California Resale Royalty Act Case Against Sotheby’s, Christie’s, and eBay to Be Dismissed?

By Nicholas O'Donnell on Posted in Collections, Legislation

Donn Zaretsky at the Art Law Blog (whose prior commentary on the case gives excellent analysis of the Commerce Clause and other issues) reports that the U.S. District Court issued a tentative ruling at a hearing on Monday to dismiss the California Resale Royalty Act cases against Sotheby’s, Christie’s and eBay (Chuck Close is one of… Continue Reading

Barnes Relocation Case Sanctions Award Upheld, But Also Reduced

By Nicholas O'Donnell on Posted in Charitable Foundations, Estate Planning

Montgomery County Orphan’s Court Judge Stanley R. Ott, the presiding judge in the unsuccessful challenge to the Barnes Foundation’s move to Center City in Philadelphia has upheld his award of sanctions against the plaintiffs challenging the move.  After a recent hearing, the judge awarded the Barnes $25,000 in attorneys’ fees from the Friends of the… Continue Reading

Sullivan & Worcester LLP joins with Citi Private Bank to Explore Art and Estate Planning

By Nicholas O'Donnell on Posted in Collections, Estate Planning

I am delighted to announce a joint presentation by Sullivan & Worcester LLP’s Art and Museum Law Group (home of your Art Law Report) and Citi Private Bank.  On April 11, 2012 here in Boston we will host a discussion of Art Advisory and Estate Planning.  Panelists will include Cornelius J. Murray, III, Trust &… Continue Reading

Golan v. Holder—Foreign Works in Public Domain Back Under Copyright

By Nicholas O'Donnell on Posted in Copyright, Intellectual Property

The Art and Museum Law Group issued today a client advisory on the implications of Golan v. Holder.  The U.S. Supreme Court upheld in Golan v. Holder the constitutionality of a U.S. statute (§ 514 of the Uruguay Round Agreements Act of the World Trade Organization (WTO) and the Agreement on Trade-Related Aspects of Intellectual… Continue Reading

Russian Art Embargo News: Chabad Negotiations Over Russian Library Fail, Renewed Request for Contempt Sought

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

After months of inactivity and intimations of a possible settlement, the Chabad plaintiffs seeking the return of the Schneerson library have had enough, and have renewed their request to the District Court to sanction the defendants who have not complied with prior orders to return the library.  A brief recap: various Russian state libraries have… Continue Reading