An emerging new defense to wartime art restitution claims has claimed another case. Although still confined to one district in California, the trend of dismissing such claims as better suited to resolution through the foreign affairs operations of the federal government simply cannot be ignored; wartime claims already struggling to overcome statutes of limitations could… Continue Reading
Category Archives: Preemption
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The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities.
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Recent Updates
- They’re “Gonna Work it Out, Bye Bye”—The Velvet Underground and Warhol Foundation Settle Banana Trademark Case
- Speakers List for ARCA Art & Heritage Conference Released
- Rutgers Law Review Article Advocates Replacing Restitution Litigation with Prosecutions
- Copyright Office Holds Hearing on Resale Royalty Legislation
- Presentation to the 5th Annual ARCA Art Crime Conference June 21-23, 2013
- No Infringement in Cariou v. Prince—Second Circuit Plays Art Critic and Finds Fair Use
- DC Circuit Reinstates All Claims that Were Dismissed in Herzog Case Against Hungary-UPDATED
- Mask of Ka Nefer Nefer Settlement Talks Fail, Appeal Back on the Docket
- Boston Globe spotlights S&W Client Mark Rappaport’s Battle for His Film Collection
- “Flea Market Renoir” Possibly Taken from Baltimore Museum Heads to Court
- New Sullivan & Worcester Advisory: Supreme Court Responds to Museums’ Concerns in Kirtsaeng v. John Wiley & Sons, Inc.
- Second Lawsuit Against Metropolitan Museum of Art About Admissions Policy
- ALI-CLE Legal Issues in Museum Administration Next Week in Chicago
- FBI Claims to Know Identity of Gardner Thieves, Timing Deserves Scrutiny
- Art and Heritage Disputes at the University of Maastricht
- MFA and Harvard To Keep Iranian Antiquities, FSIA/Seizure Questions for Museums Left Unanswered
- President Putin Vows to Keep Chabad Library in Russia
- Russia Threatens Lawsuit Against U.S. Library of Congress in Further Retaliation for Chabad Sanctions Order
- New York Times Analyzes Jenack Appeal, Art Law Report Quoted
- New York Court of Appeals to Address Jenack Decision Requiring Disclosure of Consignment Seller’s Identity to Enforce Sale Contract
- Russia Swiftly Lashes Out At Sanctions Concerning Schneerson/Chabad Library, U.S. Government Still Silent
- Russia Sanctioned $50,000 per day for Defiance of Chabad Library Judgment that Led to Art and Cultural Loan Embargo
- “Clark Rockefeller” Picture Ruling Addresses Copyrightable Elements of News Photographs
- Senate Bill 2212, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, Unexpectedly Dies in Committee