The Art Law Blog

Tuesday, April 17, 2012

"The discussion is very similar to the one that has taken place in the United States with respect to President Obama's proposed limitations on the charitable contributions deduction"

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The Nonprofit Law Prof Blog on "the tax relief policy announced last month in U.K. that would limit a taxpayer's donations to £50...
Thursday, April 12, 2012

"What authority does an artist have over his or her artwork after it leaves the studio?"

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Julia Halperin on dealer Marc Jancou's lawsuit against Cady Noland and Sotheby's.

"The heist ... was said to be the largest art theft in Swiss history."

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A $110 million Cézanne has been recovered in Serbia.
Saturday, April 07, 2012

Studio 360 on Prince-Cariou

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Listen here .

"She was, and is, according to her lawyer, 'an honest broker.'"

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Daniel Grant:  The Knoedler-Rosales Case: A Dealer's Defense .

"In reality, however, Sobel’s prints have probably gone up in value, not down, as a result of Eggleston’s splashy reintroduction to the contemporary art market."

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Felix Salmon on the Eggleston lawsuit:  "At first glance this looks like what it is: one of the silliest lawsuits the art world has s...
Friday, April 06, 2012

"New York collector Jonathan Sobel filed a lawsuit in U.S. District Court against Mr. Eggleston ..."

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"... alleging that the artist's recent decision to print and sell oversized versions of some of his famous images in a Christie...

Art dealer charged with selling phony Picassos

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Story here .
Tuesday, April 03, 2012

Line of the Day

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Roberta Smith (in her response to Morley Safer's "60 Minutes" piece on contemporary art):  " These days the art world blo...
Monday, April 02, 2012

"When Stealing Isn't Stealing"

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Rutgers lawprof Stuart Green had an op-ed in the Times last week on the difference between theft and copying.  Kal Raustiala and Chris Spri...

"Leaving stolen artworks to the next generation is a losing proposition."

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Four paintings that were stolen from a Madison Avenue gallery in 1988 have been recovered .
Saturday, March 31, 2012

Remember when I asked how long it would be before a gallery signed him up? (UPDATED)

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Serial forger Mark Landis gets a museum show .  Background here . UPDATE:  Derek Fincham :  "[T]he attention paid to him now will hop...
Thursday, March 29, 2012

Aknoether Knoedler Suit

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Patricia Cohen has the story in the NYT.  Background (also by Cohen) here .

Brooke Astor Estate Settlement

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The Met gets $20 million.  Details here .

"He stole from a vulnerable man in his care."

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Ten years for James Biear .
Wednesday, March 28, 2012

Tell me again

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With the sales announced this week of works by Cindy Sherman and Edward Hopper , this bears repeating. In 2009, Ford Bell, the President ...
Tuesday, March 27, 2012

"A collector claims in court that a storage company took four Andy Warhol prints from her unit and sold them for alleged back rent ..."

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" ... though she had prepaid for two months and let it deduct rent automatically from her credit card. "

Tell me again about the public trust (a continuing series)

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SFMOMA is selling a Hopper at Sotheby's. That must be one of the paintings the museum was not holding in the public trust, to be a...
Saturday, March 24, 2012

Tell me again about the public trust (a continuing series)

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The Akron Art Museum is selling a Cindy Sherman at Christie's in May.  The museum’s director says "he wanted to capitalize on the ...
Friday, March 23, 2012

"The theft of the paintings in 2007 was a troubling example of a violent art theft."

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Derek Fincham finds "one more connection between the drug trade and art theft."
Thursday, March 22, 2012

New Book on Brandeis and The Rose

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I was on a panel on deaccessioning last fall at Hofstra Law School with Francine Koslow Miller, who has a new book out called Cashing in on ...

"Magritte repeatedly painted variants of his subjects, mostly to satisfy demand in the art market."

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At the Freakonomics blog, Daniel Hamermesh notices that the basic laws of supply and demand apply to the art market.

"Kevin Costner in legal dispute with artist over sculptures"

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" A lower court ruled in favor of Costner last year. The South Dakota Supreme Court is deciding whether to uphold that ruling. "
Tuesday, March 20, 2012

Suits

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Josh Baer reports on two new art-related lawsuits:  " Berry-Hill Galleries and James & David Hill have been sued by arty investo...
Monday, March 19, 2012

"The Court finds that the CRRA directly regulates commerce occurring wholly outside the boundaries of California and thus violates the Commerce Clause of the United States Constitution."

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That's the money quote from the District Court's " tentative ruling " dismissing the California resale royalty suit, which...
Thursday, March 15, 2012

Adrian Ellis on Supply and Demand in the Arts Sector

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Self-recommending , as they say.
Wednesday, March 14, 2012

"When the new building opens, Mr. Williams said, 'every painting will be within an eighth of an inch of its original location.'" (UPDATED)

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The best part of the Barnes move will be listening to the Usual Suspects tell us how that eighth of an inch -- or the improved lighting, or ...
Tuesday, March 13, 2012

Breaking News on the California Resale Royalty Suit (UPDATED)

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Yesterday was the oral argument on the auction houses' motion to dismiss the California resale royaly class action . I don't see any...
Monday, March 12, 2012

Barnes Sanctions Ruling

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Speaking of the Barnes's tragic five-mile journey, Cheryl Allison of the Main Line Times reports that Judge Ott has "upheld his e...
Sunday, March 11, 2012

The tragedy of the Barnes continues

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The Philadelphia Inquirer's Stephan Salisbury:  " Art poised for eager crowds ." In March 2009, "membership totaled 390...
Friday, March 09, 2012

"Serious mistakes in funding and governance by Barnes when he set up his foundation allowed this to happen."

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Adam Meyerson:  When Philanthropy Goes Wrong .

"There's no possible confusion or dilution."

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Matthew Yglesias:   " Louis Vuitton's Campaign Against Free Speech ."
Wednesday, March 07, 2012

"It seems that almost the entire art world was caught out."

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" He said he may have easily put '1,000 or 2,000' forgeries on the market ."

Introducing LootBusters.com

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" Our aim is simple:  to help people identify and return stolen / looted / missing antiquities and archaeological material ."

"The importance of copyright, and hence the negative consequences of piracy for the creation of new works, are ... often exaggerated."

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Richard Posner : "The standard analysis of the optimal scope of copyright protection holds that it requires a balancing between acces...
Tuesday, March 06, 2012

"This rhetoric about 'saving' art has to stop."

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The Guardian's Jonathan Jones :  "Art does not heal the sick, or feed the poor. It is useless. It is gratifying. It should never be...

The Remorseful Kleptomaniac

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Via the Art Market Monitor .
Saturday, March 03, 2012

"And when two suspects were arrested in November, they were not politically involved critics of the Pike Plan, but two young artists."

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The case of the red goat graffiti .
Thursday, March 01, 2012

Art on the Edge of Law

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An interesting-sounding exhibition at SOMArts in San Francisco, "touch[ing] on issues of equity—who gets to break the law, when, and w...

Defamation Suit

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Josh Baer :  " Dealer Marla Kennedy has sued Richard Silver, the New York Observer, their writer Elise Knutsen and attorney Vindoo Varg...
Wednesday, February 29, 2012

"It costs a lot of money to defend against a suit, even if one wins."

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Eileen Kinsella reports in ARTnews that "several art-authentication boards and artist-endowed foundations have decided that the risks ...

Resale Royalty Reply

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The auction houses filed their reply brief this week in the California resale royalty lawsuit.  I remain most interested in the Commerce Cl...
Tuesday, February 28, 2012

Bob Nickas on Prince-Cariou

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Part one , part two .

"Lugo said simply, 'I'm sorry,' as a judge sentenced him to one to three years behind bars in New York ..."

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" . . . though he could be released in six months if he succeeds in a boot camp-style program ."

New Issue of Journal of Art Crime

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The Fall 2011 issue of ARCA's Journal of Art Crime  is out.  I wrote about de Csepel v. Republic Of Hungary , regarding foreign sovereig...
Sunday, February 26, 2012

"Under the bill, 60 percent of the funds would go to State Need Grant program."

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I've also been meaning to get to this story, which in some ways is similar to the Detroit story I mentioned yesterday .  A Washington S...
Saturday, February 25, 2012

"None of those repercussions would be automatically compelling to ... a mayor forced to choose between thousands of jobs and a Flemish masterpiece."

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I've been meaning to mention this column from a couple of weeks ago raising the possibility of some art being sold to help stave off De...
Friday, February 24, 2012

"Fairey pleaded guilty to a single misdemeanor count of criminal contempt and faces as much as six months in jail on the charge."

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He " admitted that he fabricated documents and lied during the discovery process in copyright litigation with the Associated Press....
Thursday, February 23, 2012

"Any doubt that the thefts (and recoveries) of other versions increased its value?"

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Derek Fincham notes that a version of Munch's "The Scream" is heading for sale at Sotheby’s in New York and " officials ...

"The government is saying we want $35 million in tax but if you sell it to get the money we’ll put you in jail."

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Forbes reports on a fascinating valuation dispute in the Ileana Sonnabend estate.
Wednesday, February 22, 2012

"Few cases in recent years have roiled the art market as much as this mystery of how an obscure art merchant could have discovered an astonishing number of unknown treasures by the titans of Abstract Expressionism."

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The NYT's Patricia Cohen has the latest on the Knoedler mess.
Monday, February 20, 2012

"Three years ago, it mistakenly sold this work, valued at more than a million dollars, for $150 plus tax."

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The New York Times on Cal Berkeley's " embarrassing loss ."
Friday, February 17, 2012

"It is the very definition of as near as possible." (UPDATED)

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Fisk has filed its response to the Tennessee Attorney General's request for permission to appeal .  There's a news story here .  I h...

Authenticating Banksys

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It's complicated .

"This seems to have been a carefully prepared swindle, we were all taken in."

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" The French police force has opened an investigation into the possible forgery of early photographs ."
Monday, February 13, 2012

"The idea has never gotten very far, in part due to strong opposition from charities."

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The Chronicle of Philanthropy :  "President Obama on Monday proposed to limit the percentage of income that wealthy donors can write of...
Friday, February 10, 2012

Twombly Tax Trouble

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In Italy.  Story here .
Thursday, February 09, 2012

"Exit the Deciders"

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Barbara Guggenheim on what happens in a post-authentication committee world.

"Mr. Lugo’s lawyer ... has called him 'more like someone who was in the midst of a psychiatric episode' than a calculating art thief."

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Wine steward/art thief Mark Lugo plead guilty to a grand larceny charge in New York this week and faces one to three years in prison when ...
Tuesday, February 07, 2012

"What Reinharz does not regret is the principle that guided [the] decision."

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Former Brandeis President Judah Reinharz is still repulsively defending his (failed) plan to sell some of the school's artwork: ...

"My client just decided to settle after doing the math and deciding it was simpler to pay."

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Artinfo reports on a settlement in a private California resale royalty suit brought by artist Mark Grotjahn against collector Dean Valentin...

Latest on the California Resale Royalty Class Action

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The plaintiffs have filed their response to the auction houses' motion to dismiss .  No online link yet; background about the case here ...

"Goldsmith says in the court papers that the dealers assured him of the works’ authenticity and told him they had relationships with the sellers and 'personal connections' with the artists."

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" But when he had some of the works evaluated by Basquiat’s and Haring’s estates in 2010, he was told that they were forgeries ." ...
Monday, February 06, 2012

"The court 'exhibited a lack of intrinsic comprehension of art,' she wrote."

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Artnet's Rachel Corbett has a report on Janine Gordon's appellate brief .

"It was undisputed at trial that the subject of the condition precedent, i.e., that funds be received from Galerie G, never occurred."

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An interesting decision in the Southern District last week in a breach of contract case involving a "back-to-back transaction" for...
Friday, February 03, 2012

Lawsuit Filed to Block Christo's Latest Project

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In Colorado .  "The lawsuit, filed ... by a group of students at the University of Denver’s Sturm College of Law, argues that land ma...

Mo(o)re on Sports Artists and Trademark

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As a follow-up to his New York Times piece earlier this week on the Daniel Moore case, Daniel Grant has a post at the Huffington Post on a...
Thursday, February 02, 2012

Barnes Sanctions Hearing

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Cheryl Alllison of the Main Line Times has a report on this morning's sanctions hearing in the Barnes case.  Judge Ott "closed th...
Wednesday, February 01, 2012

Six days a week, 9:30-to-6:00 ...

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... of adversely affected experience in an impossible to predict way .  The Barnes sets its opening hours .

As near as possible

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The Tennesse Attorney General has gone ahead and filed for permission to appeal the most recent ruling in the Fisk case.  Here's a brie...

"All this raises the prospect that a decision by the Second Circuit could affirm the lower court judgment without shifting the copyright landscape dramatically."

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" That is to say, the appeals court could leave for another day how transformative a work needs to be and say simply that these works...

"Is Prince v. Cariou Already Having a Chilling Effect?"

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Julia Halperin at ARTINFO.

Barnes Update

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The Main Line Times :  "A court hearing is scheduled for Thursday, Feb. 2, at 9:30 a.m.... at which the Friends of the Barnes Foundatio...
Tuesday, January 31, 2012

More More Moore

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Daniel Grant had an update in the New York Times today on the University of Alabama-Daniel Moore lawsuit .  There's an appellate court ...
Sunday, January 29, 2012

Oh Sister

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I don't remember seeing this in the earlier reports on this story, but, according to this article in the Albany Times-Union, not only ...

More on Appropriation and Fair Use

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Had a chance to read the Cariou appellate brief .  They smartly keep the argument as narrow as possible:  they don't say all appropriati...
Saturday, January 28, 2012

Art Dealer Faces Fraud Charges

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The NYT's Patricia Cohen has the details .
Thursday, January 26, 2012

Overtime

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The University of Alabama's lawsuit against artist Daniel Moore is still going!  Oral argument on the appeal scheduled for Feb. 2.  Jon...

Prince-Cariou News

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Patrick Cariou's lawyers filed their appellate brief yesterday.  Haven't had a chance to read it myself, but in the meantime, here ...

"The new lawsuit seeks some $14 million from Mr. Gagosian for various alleged misdeeds in the sale of Roy Lichtenstein’s Girl in Mirror."

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Dan Duray has the details on a new lawsuit involving Gagosian Gallery and the Cowles family.  He points out that, were it not for this suit...
Tuesday, January 24, 2012

"While it may sound like a good idea in principle, the law is misguided for several reasons."

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In the NYLJ, Judith Prowda, the Chair of the NYSBA Entertainment, Arts and Sports Law Section, argues against the proposed resale royalty b...

"Experts have been persuaded to opine that the affair is 'Australia's largest-ever art scandal' and 'threatens to destroy trust in the local industry for years.'"

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An Australian art dealer has been arrested and charged with "87 offences relating to his investment art fraud scheme."
Saturday, January 21, 2012

"It's not as if we're selling our opinions in competition with a photographer."

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" Using the photo in a judicial opinion couldn't conceivably be hurting the copyright holder ." Judge Posner helps himself t...
Tuesday, January 17, 2012

"Word of the disbanding comes amid several major forgery scandals that have entangled a number of art authentication boards in messy litigation" (UPDATED)

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The Basquiat Authentication Committee is disbanding . UPDATE:  The Art Market Monitor :  "The committee itself may turn out to be les...

Update on the California Resale Royalty Class Action

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The auction houses have filed a (joint) motion to dismiss.  You can read the motion here ; background about the case here . The main argum...
Thursday, January 12, 2012

"Defying the economic gloom"

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The Mei Moses art index was up 11% in 2011, "beat[ing] the total return of the S&P 500 index of US equities by about 9 percentage ...

Bananas

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Courthouse News Service:  Velvet Underground Wants to Free Warhol's Banana .

"A great art project indeed!"

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Sergio Muñoz Sarmiento:  Is This Copyright Infringement of an Artist's Painting?

"Hopefully, this is one step towards the day when we can live out our faith without fear of persecution."

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" The Church of Kopimism, whose principal tenent is the right to file-share, has been formally recognized as a religious organization i...

"Knoedler forgery scandal grows"

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The Art Newspaper's Charlotte Burns reports . Background here .

Affirmed

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The Ninth Circuit has upheld Halsey Minor's judgment against Christie's.  The decision is here .  Background here . 
Tuesday, January 10, 2012

Nun Too Happy

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An upstate group of nuns have lost their fraud case against a dealer arising out of a Bouguereau they sold to him.  Background here .  He b...
Monday, January 09, 2012

Jeopardy

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The Tennessean had a story over the weekend with the rather dramatic headline: "Fisk art deal in jeopardy."  What that turns out ...

Athens Art Theft

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Paintings by Picasso and Mondrian were stolen from the National Art Gallery in Athens today.  Art Theft Central's Mark Durney says  Gre...

"Mr. Lucky is not, in fact, so lucky."

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The Gallerist's Michael H. Miller  reports that a New Orleans man named Robert E. Lucky Jr. has been sentenced to two years in prison f...
Friday, January 06, 2012

"Virtually every traditional media company in the United States loudly and enthusiastically supports SOPA, but that doesn’t mean it’s good for the rest of us."

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I haven't been linking to all the discussion of the Stop Online Piracy Act (SOPA), but David Carr had a good overview in the Times last...

Win Win

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Carol Vogel reminds us today that "for more than a decade museums have been joining forces to buy" art. It’s "an arrangement...
Thursday, January 05, 2012

"I really don't want to see anyone get into trouble, but I'd like to get my painting back."

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NY1:  LES Gallery Offers Reward For Return of Stolen Artwork .

"There is no road map for artists whose subject matter includes existing images."

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Daniel Grant:  Will the Legal Status of Appropriation Art Be Decided This Year?
Wednesday, January 04, 2012

Test Pilot

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The new year begins with this back-and-forth between Judith Dobrzynski and Lee Rosenbaum over Boston's newly-revised "payment in ...
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