The Art Law Blog

Thursday, December 31, 2020

"One of the few silver linings to emerge from the pandemic was the announcement, back in April, that the American Alliance of Museum Directors had relaxed its guidelines on deaccessioning. For now, museums can sell works to pay for operating expenses. Few have followed through, however—perhaps because art-world pundits, once again, responded with conservative alarm."

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I just came across this piece by Nikki Columbus in n+1, which includes the following on the BMA deaccessioning controversy : "The late...

"How ‘deaccession’ became the museum buzzword of 2020"

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LA Times : "For the art world, 2020 was the year that the Black Lives Matter movement spurred a deeper conversation about inclusion and...
Tuesday, December 22, 2020

"On Friday, Sotheby’s filed a 27-page memo in New York State Supreme Court asking a judge to dismiss the case."

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Eileen Kinsella at artnet news:  Sotheby’s Pushes to Dismiss the New York Attorney General’s Lawsuit Over Its Alleged Role in Helping a Coll...
Thursday, December 17, 2020

"It cannot be seriously disputed that the COVID-19 pandemic is a natural disaster. One need look no further than the common meaning of the words natural disaster."

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Phillips has prevailed in the force majeure lawsuit brought against it by Joe Nahmad, mentioned earlier here .
Sunday, December 13, 2020

Two of the three New York Times art critics mention the BMA deaccessioning controversy in their year in review lists

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Holland Cotter says "last May the Baltimore Museum of Art planned to auction works from its collection to pay for — among other things...
Saturday, December 12, 2020

Meow Wolf Case Survives Motion to Dismiss

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 Sarah Cascone has the story here . The decision is here . Background here .

Copyright year in review

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From Rebecca Tushnet .
Sunday, December 06, 2020

"A Baltimore museum tried to raise money by selling three pricey artworks. It backfired stupendously."

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Sebastian Smee and Peggy McGlone go over the BMA saga in the Washington Post . They end up here: "But there’s one thing the Baltimore e...
Saturday, December 05, 2020

"Tania Bruguera Detained Amid Protests Over Artistic Freedom in Cuba"

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 ARTnews story here . This is not the first time .

"Will 2020 be seen a turning point in the debate?"

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 AEA's Harry Fisher-Jones on  The deaccessioning debate: 1990-2020 .

"The sale is the second since the summer, when MOLAA announced an online auction of 167 artworks from Latin American and Latino artists to benefit a COVID-19 recovery fund. The museum has been shuttered since March."

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Christopher Knight in the LA Times:  Museum of Latin American Art is selling dozens of works from its collection . The story points out that...

Vermont Law School VARA Suit

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There's a brief mention at Courthouse New Service here . This is the one where they gave the artist 90 days to remove the mural back in ...
Tuesday, December 01, 2020

New York adopts post-mortem right of publicity

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  A pretty big deal .
Friday, November 27, 2020

"5Pointz Developer Agrees to Pay $2 Million in Attorneys’ Fees"

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 Bloomberg story here . This is on top of the $6.75 million judgment previously awarded .
Wednesday, November 25, 2020

"When the BMA tried to diversify its collection, it learned just how shallow the art world’s commitment to social justice can be."

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"According to its critics, if the BMA wants to diversify its collection, it should raise money from donors to buy more art, rather than...
Sunday, November 22, 2020

"Restitution is widely considered a just and appropriate form of deaccessioning. Might there be other circumstances under which deaccessioning could be considered a form of restitution?"

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Very interesting Artforum piece by Julie Pelta Feldman on the Baltimore Museum deaccessioning controversy. She observes that "the vitr...

Another tragic deaccessioning story

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A David Hockney portrait sold by the "financially strapped" London Royal Opera House at Christie's for $17 million last month ...
Tuesday, November 17, 2020

"The artists argue the removal of the mural was in violation of their rights, specifically the legally-required preservation of their work, under the Visual Artists Rights Act" (UPDATED 2X)

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 " Artists of iconic mural at the Stud sue building owner for 'whitewashing' their work. " UPDATE: Brian Boucher picks up...
Monday, November 16, 2020

"Should British museums sell to stay afloat?"

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The Guardian on the UK version of the deaccessioning debate. It includes the following: "In England, the rules about these matters are...
Saturday, November 14, 2020

"'It’s an artwork,' he added. 'It’s freedom of expression. It’s not complicated.'"

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The New York Times reports that the Village of Kinderhook says a Nick Cave text-based work installed on the facade of Jack Shainman's u...
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