tag:blogger.com,1999:blog-69025928042057357482024-03-13T08:45:01.769+00:00Art Meets LawCristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.comBlogger136125tag:blogger.com,1999:blog-6902592804205735748.post-56165432094032153452013-07-08T14:29:00.000+01:002013-07-08T16:14:59.909+01:00Technology, the sharing economy and the democratisation of art
LONDON. "Technology is transforming our relationship to assets and ownership" - Rachel Botsman recently said in an interview with Jasmine Gardner of the Evening Standard (June 27, 2013). The "sharing expert" was talking largely about consumer goods and real estate (Botsman and her family haven't owned a car in 14 years, they rent baby equipment and let the family home whenever they Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com0tag:blogger.com,1999:blog-6902592804205735748.post-76355554656823402662013-07-01T18:47:00.002+01:002013-07-01T18:52:25.852+01:00EVENT: Highlights from the IAL study forum held in London on 29th June, 2013
LONDON. Last Saturday I attended the study forum organised by The Institute of Art and Law ("IAL") as part of the "Diploma in Art Law" distance learning course I am currently enrolled in. The day-long forum was focused on the protection of cultural heritage in times of war and national panels (UK and France as the representative from the Dutch Restitution Committee was unable to attendCristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com0tag:blogger.com,1999:blog-6902592804205735748.post-75637049546887202052013-06-28T14:12:00.000+01:002013-07-02T16:35:58.085+01:00Jancou dismissal upheld by First Department (UPDATED)
NEW YORK. Donn Zaretsky of The Art Law Blog has the scoop on how the First Department has affirmed the dismissal of dealer Marc Jancou's breach of contract claim against Sotheby's (though it isn't entirely clear from the blog post whether the reference is to this claim or Jancou's tortious interference claim against Cady Noland as both dismissals have been appealed). ForCristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com0tag:blogger.com,1999:blog-6902592804205735748.post-57461941680178864332013-06-28T13:47:00.001+01:002013-06-28T13:51:23.339+01:00Cariou expected to appeal to Supreme Court and bid the Court to offer clear guidance on what qualifies as "transformative" for purposes of "fair use"
WASHINGTON D.C./NEW YORK. The photographer Patrick Cariou is expected to file an appeal with the Supreme Court following the Second Circuit Court of Appeals' refusal earlier this month to rehear (en banc) his copyright infringement claim against Richard Prince. For background on the litigation see here, here and here.
The Supreme Court is of course the highest federal Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com0tag:blogger.com,1999:blog-6902592804205735748.post-52777337275081019272013-06-20T17:06:00.002+01:002013-06-20T17:09:09.515+01:00LINKS
SPAIN/GERMANY. "The Spanish government will lose out collecting VAT from Spanish galleries becausesales will inevitably go to foreign galleries with considerably lowerVAT." Authorities say they will consider proposals to reduce VAT on cultural goods and services, which crucially include sales of works of art, from 21% ("the highest rate on the continent") to 13%. Meanwhile, German galleries andCristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com0tag:blogger.com,1999:blog-6902592804205735748.post-89793711509758380452013-06-17T16:49:00.000+01:002013-06-18T00:10:32.133+01:00UPDATE: Test case needed to establish standard applicable to "alterations" of artistic works under the CDPA
LONDON. In my last post I discussed how a false attribution claim under section 84(6) of the CDPA might be used by an artist in the UK to effectively disown an artwork in much the same way as Cady Noland recently did by exercising her moral rights under VARA.
One of the issues raised by plaintiff's counsel in the Jancou-Noland dispute was whether it is appropriate for federal Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com0tag:blogger.com,1999:blog-6902592804205735748.post-58606921141132408132013-06-13T16:42:00.000+01:002013-07-01T19:07:51.753+01:00Are artists abusing the right to be identified as the author of an artwork?
NEW YORK. I know I said the focus of the blog would be primarily English law but I felt compelled to cover this story from the US as I have moral rights on my mind after completing the module on artists' rights as part of my Diploma in Art Law with the Institute of Art and Law.
In 2012 the dealer Marc Jancou brought two related lawsuits: the first against artist Cady Noland Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com0tag:blogger.com,1999:blog-6902592804205735748.post-37993503465708331642013-06-12T12:45:00.004+01:002013-06-13T12:30:03.222+01:00Art Meets Law is BACK!
It is my pleasure to announce the return of Art Meets Law! After relocating to London from NYC, a gruelling year of corporate work in private practice and four months of travelling, I am finally back at the helm of my most personal and ambitious project to date.
Still focusing on the intersection between art and law (albeit, primarily English law this time around), theCristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com0tag:blogger.com,1999:blog-6902592804205735748.post-6857650979716530382011-12-13T04:54:00.000+00:002011-12-13T04:54:21.321+00:00LINKSNEW YORK. Christie's may have successfully defended the fraud claims brought against it by Guido Orsi but as Donn Zaretsky says, the "chilling effect" of the principle (aka legal precedent) established by the suit remains: an auction house can be sued by a third party that has no contractual relationship whatsoever with such auction house.
LONDON/NEW YORK. The threat of legalCristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com1tag:blogger.com,1999:blog-6902592804205735748.post-15553043559507315552011-12-09T17:22:00.001+00:002011-12-09T17:23:27.738+00:00Affirmative action for non-Western art? No thanks.Judith Dobrzynski recently posted a fascinating piece on some of the issues raised by Hicham Daoudi's three-year €450,000 grant to the Pompidou Center that "must be spent on art by Moroccan artists." While there's no doubt that the "source market" of an artistic object has a strong bearing on the value the international art market confers on such object -- with a lesser value beingCristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com1tag:blogger.com,1999:blog-6902592804205735748.post-52703096817691086122011-12-05T10:04:00.001+00:002011-12-05T10:04:29.368+00:00Unexpected closing of Knoedler gallery arouses suspicionNEW YORK. A Knoedler & Co. rep told Bloomberg the closure of the 165-year old UES gallery was a "business decision" but the unexpected announcement raised eyebrows as it came one day day after GLG Partners Inc. co-founder, Pierre Lagrange, filed suit in federal court against Knoedler and its former director Ann Freedman for allegedly selling him a fake Pollock back in 2007. Attempts by Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com3tag:blogger.com,1999:blog-6902592804205735748.post-73232695229311142792011-11-16T03:57:00.008+00:002011-11-16T04:07:42.507+00:00Reuniting J.M.W. Turner's bequest: the search for justice continues
Childe Harold's Pilgrimage, J.M.W. Turner (1823).
Oil on canvas. Tate Gallery, London
LONDON. When J.M.W. Turner died in 1851, he bequeathed "about 300 paintings and 30,000 drawings as well as a large sum of money" to the nation of Great Britain on two conditions: (i) that the works be displayed in a "Turner Gallery" at the National Gallery in London and (ii) that the money be used Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com6tag:blogger.com,1999:blog-6902592804205735748.post-55499152219050711582011-11-14T04:24:00.001+00:002011-11-14T04:24:48.851+00:00LINKSBENTONVILLE, ARKANSAS. Alice Walton’s long-awaited Crystal Bridges Museum of American Art finally opened its doors to the public on Friday. The museum is "endowed with $800 million from the Walton Family Foundation" -- much to the dismay of the disenfranchised Wal-Mart employees who are teaming up with Occupy Wall Street to protest the construction of the museum -- and admission will beCristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com0tag:blogger.com,1999:blog-6902592804205735748.post-65311634081185965022011-11-13T17:46:00.001+00:002011-11-13T17:47:14.400+00:00NYCLA 4th Annual Art Litigation and Dispute Resolution InstituteNEW YORK. Next Friday, November 18 the New York County Lawyers' Association (the "NYCLA") will host the 4th Annual Art Litigation and Dispute Resolution Institute. The day-long event promises to be an unrivalled opportunity for lawyers and non-lawyers to discuss some of the most pertinent legal issues affecting the art world today. The experts attending include Lawrence M. Kaye (of Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com1tag:blogger.com,1999:blog-6902592804205735748.post-49639592090326986392011-11-12T09:28:00.034+00:002011-12-05T21:42:33.457+00:00Jodi Endicott: art for our "tumultuous times"HAWAII. The worlds of art and finance have been inextricably linked since the ancient world though the phenomenon is most strongly associated with the golden age of art patronage in pre-modern medieval and Renaissance Europe. Wealthy royals, aristocrats and merchants not only financed the arts but also played an important role in shaping the form and subject matter of the art they Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com1tag:blogger.com,1999:blog-6902592804205735748.post-29134377179001394702011-11-06T16:48:00.002+00:002011-11-06T16:52:06.670+00:00Who owns Henry Moore's "Knife Edge Two Piece"?LONDON. In 1967, Henry Moore and the Contemporary Art Society donated Knife Edge Two Piece (1962-65) to the United Kingdom. The bronze sculpture has since stood directly opposite the Houses of Parliament, admired by millions either in person or through its televised appearances in the background of news programs and becoming somewhat of a national emblem. However, the work is "badly Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com2tag:blogger.com,1999:blog-6902592804205735748.post-78243777799929077452011-10-31T21:47:00.000+00:002011-10-31T21:47:23.316+00:00Art & finance: the rise of "art loans" for the well-heeled clients of private banksNEW YORK. Bloomberg recently reported that former hedge-fund manager Michael Steinhardt secured a "very cheap" loan from JPMorgan Chase Bank by pledging a number of the works in his fine art collection (estimated to be worth over $200 million) as collateral. While the use of art as collateral to obtain finance has been on the rise for some time now (Steinhardt joins the ranks of other Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com37tag:blogger.com,1999:blog-6902592804205735748.post-89060535470365458552011-10-31T01:18:00.002+00:002011-10-31T01:31:40.121+00:00Warhol Art Authentication Board to be dissolved in early 2012NEW YORK. After a two-month break from blogging, I had no idea what stories I would find upon my return but this one was certainly a surprise. The Art Newspaper has reported that the Warhol Foundation will dissolve its art authentication board (allegedly to focus on the Foundation's charitable and catalogue raisonné efforts) by early 2012. I say "allegedly" because, notwithstanding the fact that Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com0tag:blogger.com,1999:blog-6902592804205735748.post-73532455304841827432011-08-15T03:15:00.004+01:002011-11-14T04:26:19.079+00:00LINKSWASHINGTON D.C./GREECE. The US and Greece have signed an MOU that makes it illegal for antiquities and Byzantine objects to be imported to the US without the approval of Greek authorities. The measure is aimed at reducing looting and trafficking of these culturally-protected objects. Lee Rosenbaum has criticized the secrecy involved in the decision-making process but transparency would be Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com0tag:blogger.com,1999:blog-6902592804205735748.post-72078877336523199022011-08-12T06:35:00.013+01:002011-08-14T17:49:55.267+01:00Resale rights revisited: why all the controversy?The artist's resale "royalty" right or droit de suite refers to an artist's right to a share of the proceeds realized from the resale of such artist's work. As the Lerner and Bresler treatise on art law astutely points out, the "prerogative is an attempt to equalize the copyright status of visual artists with that of other authors" because, unlike those&Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com2tag:blogger.com,1999:blog-6902592804205735748.post-5496379328541909672011-08-01T04:57:00.037+01:002011-08-05T04:03:54.652+01:00ART PICK OF THE MONTH (July '11): Ode to the Romantic Schizophrenic
Gallery View - Romantic Gothic. Courtesy of The Metropolitan Museum of Art
"Alexander McQueen: Savage Beauty"
The Metropolitan Museum of Art, New York
Through August 7, 2011
Dedicated to my dear friend Jeremy
More often than not, fashion is fickle and fleeting, derivative and uninspired until the genius of the caliber of McQueen accomplishes that rare feat of turning garments and Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com3tag:blogger.com,1999:blog-6902592804205735748.post-53693451080613719412011-07-10T04:36:00.000+01:002011-07-10T04:36:11.566+01:00Tattoo SettlementST. LOUIS. It's always bitter sweet when a case settles. On the one hand, it's a good thing that costly, lengthy and probably hugely draining litigation has been avoided. However, on the other hand, we lawyers are robbed of what could have been a valuable legal precedent. And often it's precisely those cases capable of clarifying a previously unsettled area of law that Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com0tag:blogger.com,1999:blog-6902592804205735748.post-52730031805784761692011-07-10T04:14:00.000+01:002011-07-10T04:14:12.301+01:00Monkey ArtWe're all clear that under the U.S. Copyright Code, the author of an original work has exclusive rights over the copyrighted work. But what if the author is not a living person but rather a monkey? The question has arisen not once but twice in the past eighteen months: originally in the context of a video that was entirely filmed by chimpanzees and more recently when a monkey in Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com1tag:blogger.com,1999:blog-6902592804205735748.post-84492544879342199582011-06-15T06:12:00.000+01:002011-06-15T06:12:06.604+01:00If it's too good to be true, it probably isFRANCE. Remember that post about the electrician who was gifted 271 works by Picasso for a mere 3-years' worth of services rendered? Last December, French authorities seized the never-before-seen, unsigned and undated collages, sketches and prints pending investigation of their provenance and prosecutors have now charged the 71-year old and his wife with handling stolen goods. Can't sayCristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com0tag:blogger.com,1999:blog-6902592804205735748.post-31331951079253202202011-06-11T20:55:00.004+01:002011-06-11T23:36:35.880+01:00Détente in Anglo-Russian cultural relations leads to an increase in artistic exchanges
Statue of Yuri Gagarin (a copy of a Russian original)
LONDON/MOSCOW. The serious tensions in political and cultural relations between the UK and Russia (stemming from the UK's insistence that Russia extradite former KGB agent Andrei Lugovo in connection with the murder of dissident Alexander Litvinenko in 2006) have eased leading to a greater exchange of art between the two countries. What Cristina del Riverohttp://www.blogger.com/profile/16711857513111682891noreply@blogger.com0