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

Monthly Archives: May 2012

The Ethical Questions Raised by the Mask of Ka-Nefer-Nefer Case in this Month’s Atlantic

By Nicholas O'Donnell on Posted in Collections, Customs

Malcom Gay in the Atlantic reports on the dismissal of the federal government’s civil forfeiture action under U.S. customs laws United States v. The Mask of Ka-Nefer-Nefer, and the broader quesions about what a museum should do when faced with such claims.  In April, the U.S. District Court allowed the St. Louis Museum of Art’s Motion… Continue Reading

Cultural Exchange Jurisdictional Amendment Coverage Continues to Miss the Mark: NPR Report Claims Bill Could “Thwart Return of Holocaust Art”

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

Is it time to invoke the Corollary to Godwin’s Law of Nazi Analogies (i.e., as a discussion grows longer, the probability of a comparison involving Nazis or Hitler increases, and once this occurs, that thread is over, and whoever mentioned the Nazis has automatically the argument ) concerning Senate Bill 2212, the Foreign Cultural Exchange Jurisdictional… Continue Reading

Court in Chabad Library Case Solicits Views of the United States on the Foreign Relations Impact of Holding Russia in Contempt

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

Despite some predictions (!) of a swift ruling on the Chabad plaintiffs’ motion for contempt for the Russian state library defendants’ refusal to comply with an order two years ago to return the library of Menachem Schneerson, the U.S. District Court in Washington, DC today solicited the views of the United States on the possibility of… Continue Reading

Despite Criticism of S.B. 2212’s Proposed Amendment to the FSIA, New Law Would Not Enable Stolen Art

By Nicholas O'Donnell on Posted in Collections, Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, Foreign Sovereign Immunities, Immunity from Seizure Act, Legislation, Restitution, World War II

Doreen Carvajal of the New York Times this week addressed Senate Bill 2212, (the “Foreign Cultural Exchange Jurisdictional Immunity Clarification Act”) this week, a bill approved in March by the House of Representatives. The article gives those most critical of the bill a chance to make their case.  While well-intentioned, that criticism continues to miss… Continue Reading

California Law Struck Down as Unconstitutional: U.S. District Court Dismisses California Resale Royalty Act Case against Sotheby’s, Christie’s, and eBay

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

Consistent with expectations after reports from the court hearing in March, the U.S. District Court in Los Angeles dismissed the case brought by artist Chuck Close and others that alleged violations of the California Resale Royalty Act (the “CRRA”) by Sotheby’s, Christie’s and eBay, and ruled that the CRRA is unconstitutional in its entirety.  Similar claims… Continue Reading