Wednesday, May 29, 2019

"According to the District Court of Puerto Rico, the artist has no claim for the destruction of the mural (because it is site-specific)" (UPDATED)

Amelia Brankov on a VARA decision out of Puerto Rico.

The decision is here.  It's an application of Phillips v. Pembroke, which I discussed here and here.

UPDATE:  Sergio Muñoz Sarmiento says "it seems to me that this case is not so much about site-specificity as it is about whether or not the artwork can be removed."

Tuesday, May 28, 2019

"For five years and counting — the latest lawsuit came Friday — the artist’s family, friends and associates have been trading lurid courtroom allegations of kidnapping, hired goons, attempted murder by Brazil nut, and schemes to wring even more money out of what was already one of the most profitable art franchises in modern times." (UPDATED)

Amy Chozick in the New York Times on the sad saga around Peter Max.

UPDATE:  The Art Market Monitor says it's less a story about Max than it is about Park West Gallery, "a company called out many times for its abusive practices ‘auctioning’ art on cruise ships. Their auctions are really a form of theater where buyers act out an auction for low-value art they’ve been told is an asset."  Some Park West background here.

Monday, May 27, 2019

Tell me again about the public trust (300 Chinese artworks edition) (UPDATED)

The Art Institute is selling 300 works that, having fallen under the aegis of a museum, are not held in the public trust for present and future generations and will not cause potential donors to ask themselves "Why should I give this to you?  What guarantee do I have that you're not going to sell this tomorrow?"

It's really a fortunate thing that museums do not hold works in the public trust and so are able to make these kinds of sales when necessary.

UPDATE:  It's a deaccessioning "spree."

"The policy is being made possible by a $10 million donation by the board president, Carolyn Clark Powers."

LA MOCA is going admission free.

So here's a question:  suppose a museum that isn't lucky enough to have a board member like Carolyn Clark Powers could accomplish the same thing by selling a single work of art from its collection.  Would that be worth doing?  If not, why not?

Saturday, May 18, 2019

"Under New York law, you better put your blinds down. He’s lucky he wasn’t standing there buck naked."

Breaking:  "Alex Rodriguez ‘Has No Case’ Against Photographer Of Viral Toilet Photo Under Lenient New York Law."

First appearance for A-Rod at the blog, and, I think (but would have to double check), first use of "viral toilet photo."

But not the first appearance of the legal issue it presents.  See here.

"Western Museums Have a Surplus of Art by White Men. Now Some Are Selling It Off to Correct Their Historical Biases"

Tim Schneider on the "growing trend" of deaccessioning-to-diversify.

It's a good thing the works aren't held in the public trust or else this strategy couldn't work.

"A High-Profile Impressionist Art Collector Says Wildenstein Sold Him a ‘Clever Fake’ Bonnard—and Now the Courts Will Decide"

Eileen Kinsella has the story here.  The sale took place in 1985, so obviously there's a big statute of limitations issue in play.

Tuesday, May 07, 2019

"Copyright small-claims court may soon be a reality."

"This week, corresponding bills were introduced in the House and Senate, both with bipartisan support, proposing to establish a tribunal to adjudicate copyright infringement disputes involving claims of $30,000 or less in damages."

The argument against is that it will enable copyright trolls.