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Category Archives: Collections

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Boston Globe spotlights S&W Client Mark Rappaport’s Battle for His Film Collection

By Nicholas O'Donnell on Posted in Collections

The Boston Globe addressed this week Sullivan & Worcester LLP client Mark Rappaport’s dispute with Boston University professor Ray Carney concerning the custody of Rappaport’s original film archive.  My partner Kevin Colmey has represented Rappaport in this regard for over a year, and I appeared on Rappaport’s behalf at a hearing last year as well. … Continue Reading

Auction Consignors’ Names Must be Disclosed in New York: an Art Twist on a Very Old Law

By Nicholas O'Donnell on Posted in Collections, Consignment, Legislation

It is a busy fall for consignment law in New York.  News has been making the rounds this month about a decision by the Appellate Division of the New York Supreme Court, New York’s intermediate appeals court.  The Appellate Division ruled that an auctioneer must disclose the name of any owner who has consigned the work… Continue Reading

“Flea Market Renoir” May Have Been Stolen Decades Ago, Confusion Abounds

By Nicholas O'Donnell on Posted in Collections, Connoisseurship, Forgery, Standing

What was the feel-good, ersatz Antiques-Roadshow story of the summer may soon be one of the most prominent art law issues in the country.  A painting by Pierre-Auguste Renoir entitled “Paysage Bords de Seine” that was purchased at a flea market in 2010 for $7 and authenticated this year as genuine may turn out to… Continue Reading

Change to New York Art Consignment Statute Adds Protections, Risks

By Nicholas O'Donnell on Posted in Collections, Consignment, Legislation, Trusts

New York has passed an amendment to its Arts & Cultural Affairs law, N.Y. Arts & Cult. Aff. Law §12.01(2012), that is important for artist, galleries, and dealers alike.  It affects the consignment relationship and creates critical new duties—and liabilities, for the dealer on consignment.  Most importantly, it makes using any form of agreement drafted… Continue Reading

Happy (early) Birthday to the Art Law Report!

By Nicholas O'Donnell on Posted in Collections, Copyright, Cultural Property, Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, Foreign Sovereign Immunities, Immunity from Seizure Act, Restitution

We launched the Art Law Report one year ago tomorrow.  Several dozen posts, thousands of visitors and many more views later, a very special thank you to everyone who has read and followed the blog.  The connections made literally all around the world are humbling and enlightening.  We continue to strive to provide an interesting… Continue Reading

Court Denies Request to Amend Complaint Seeking Forfeiture of Mask of Ka-Nefer-Nefer

By Nicholas O'Donnell on Posted in Civil Forfeiture, Collections, Customs

  The U.S. District Court in St. Louis has denied the government’s request to amend the complaint seeking civil forfeiture of the Mask of Ka-Nefer-Nefer from the St. Louis Art Museum.  Echoing some of the timeliness points we made after the government’s request for reconsideration of the dismissal of the case was denied on June 1,… Continue Reading

Barnes Foundation Relocation Under Attack Again but Unlikely to Come Out Differently

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

The Barnes relocation, and challenges to it, are both in the news again.  Apparently former Barnes CEO Kimberly Camp—who held that office when much of the push was made to justify the need to relocate to Center City in Philadelphia—posted a blog entry about the financial condition of the Foundation at the time.  She writes:… Continue Reading

Government Tries to Save “Mask of Ka-Nefer-Nefer” Case Against St. Louis Art Museum, but Did U.S. Miss Its Own Deadline?

By Nicholas O'Donnell on Posted in Civil Forfeiture, Collections, Customs, Restitution

After the U.S. District Court denied the government’s Motion to Reconsider its earlier dismissal of the claim to the Mask of Ka-Nefer-Nefer in the St. Louis Museum of Art, the government has tried another procedure to revive the case, one that is normally unremarkable.  A review of the filings in the case raises the question, however,… Continue Reading

UPDATE: Court Denies Government’s Request to Amend Case to Reclaim Mask of Ka-Nefer-Nefer from St. Louis Art Museum

By Nicholas O'Donnell on Posted in Collections, Customs

Fresh on the heels of our coverage here and here and in the Atlantic, the U.S. District Court in St. Louis has rejected the U.S. government’s efforts to save its case to reclaim the Mask of Ka-Nefer-Nefer.  After the case was dismissed in April, the government asked the court for permission to amend the complaint to… Continue Reading

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

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

Commentary Takes Shape on S.B. 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act

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

It’s been a few weeks since the House passed the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (H.R. 4086) and sent it on to the Senate for consideration as S.B. 2212.  It has bipartisan sponsorship there (Dianne Feinstein and Orrin Hatch), but no word yet on when it will be put to a vote. As… 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

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

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

Ruminations on Connoisseurship, Forgery, Knoedler and Litigation in the News

By Nicholas O'Donnell on Posted in Collections, Connoisseurship, Forgery

We’ve been following a number of prominent stories for several weeks now and thinking about what they mean in the crossover between art and the law.  It’s fair to say that a theme is starting to develop, namely, that after the Beltracchi forgery trial in Cologne, the Warhol Foundation’s decision to close its doors to… 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

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