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
Category Archives: Uncategorized
Subscribe to Uncategorized RSS FeedVon Saher claim against Norton Simon Museum dismissed as preempted under foreign affairs doctrine.
Posted in Foreign Sovereign Immunities, Restitution, Uncategorized, World War IIRaising another hurdle to restitution claims, the U.S. District Court in Los Angeles against the Norton Simon Museum to the remnants of the famed Jacques Goudstikker collection, on the grounds that her case is preempted by the United States’ foreign affairs doctrine. In an unusually apologetic decision, the court ruled that regardless of the merits… Continue Reading
Sullivan & Worcester LLP Art and Estate Planning Panel With Citi Private Bank Postponed
Posted in UncategorizedThe joint panel presentation by Sullivan & Worcester LLP’s Art and Museum Law Group (home of your Art Law Report) and Citi Private Bank next Wednesday, April 11, 2012 in Boston that I was scheduled to moderate with Cornelius J. Murray, III, Trust & Estates Practice Chair, Sullivan & Worcester LLP; Suzanne Gyorgy, Head of Art… Continue Reading
Tacheles Emptied and Scheduled for Destruction—End of the Original Occupy Movement
Posted in UncategorizedI can’t let today’s news about the Kunsthaus Tacheles in Berlin go unremarked. A center for art and culture since the fall of the Berlin Wall, it has apparently ordered vacated, with occupants carried out by force. Ironically, it’s really about a story about art and the absence of a legal framework, a building in… Continue Reading
Foreign Cultural Exchange Jurisdictional Immunity Clarification Act: House Votes to Amend FSIA to Exclude Artwork Loan as Basis for Jurisdiction
Posted in Foreign Sovereign Immunities, Legislation, Restitution, Uncategorized, World War IIThe 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
The Art Law Report at ALI-ABA Legal Issues in Museum Administration 2012
Posted in UncategorizedI’ll be at the ALI-ABA Legal Issues in Museum Administration next week in San Francisco March 19-21. I’ve been perusing the coursebooks this morning, and as usual they do not disappoint. It promises to be a fascinating three days as always, and any time in San Francisco is well worth it. If you’ve been… Continue Reading
Cariou Files Appeals Brief—Is this Case Less Transformative Than It Seemed?
Posted in Copyright, Intellectual Property, UncategorizedPatrick Cariou has filed his much-anticipated responsive brief in the Richard Prince/Gagosian Gallery copyright infringement appeal. Cariou’s brief makes its stand on the question of transformative use. The degree to which a derivative work is transformative of a protected work is, of course, a central element of a fair use analysis about which Prince will have to persuade… Continue Reading
Federal Legislation Proposed for Artists’ Resale Royalties
Posted in Legislation, UncategorizedIn place of rumored legislative efforts last summer, legislation has been formally introduced to codify under U.S. federal law droite de suite rights of resale for artists, under certain circumstances. Apart from California—whose California Resale Royalty Act has been in the news recently for lawsuits against Christie’s, Sotheby’s and eBay—the United States generally affords artists… Continue Reading
Ellis Boston Begins Today
Posted in UncategorizedThe 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
Welcome to the Art Law Report!
Posted in UncategorizedWe are pleased to have you at the first thread of the Art Law Report, a new blog dedicated to the commentary of Nicholas O’Donnell and the Art & Museum Law Group of Sullivan & Worcester LLP. I spent some time in the art historical world before becoming a civil litigator several years ago, and… Continue Reading
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