The Art Law Blog

Friday, June 03, 2016

"There’s just not as much financial incentive to sue me. There’s a difference between suing an estate worth hundreds of millions and suing an individual." (UPDATED)

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Jori Finkel interviews Richard Polsky about his new authentication service , which is now expanded to include Haring and Basquiat. UPDATE...

Update on the private museums question (UPDATED)

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The Art Newspaper's Julia Halperin got her hands on a summary of the report the Senate Finance Committee recently submitted to the IRS ...
Monday, May 30, 2016

BREAKING NEWS: Some art is held in storage (UPDATED)

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The New York Times is on it . Something must be done! UPDATE:  The Art Market Monitor:  " Taken together, the stories betray a leve...
Saturday, May 28, 2016

Extradition Request in Knoedler Case Denied (UPDATED)

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Glafira Rosales's boyfriend.   Health reasons . UPDATE:  More here from Eileen Kinsella at artnet.

"You can’t copyright an idea." (UPDATED)

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Lit pigeons edition . UPDATE:  Once again, a dissenting view from Sergio Muñoz Sarmiento:  "This isn’t so much about copyright as it...
Wednesday, May 25, 2016

"What I found was an art world that is this closed, secretive world."

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Barbara Pollack profiles Meridith Savona and the FBI's Art Crime Team.

60 Minutes did a thing on the Knoedler case this weekend

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You can see it here .  Features appearances by friends of the blog (and Advanced Topics in Art Law guest speakers)  Jack Flam , Greg Claric...
Monday, May 23, 2016

"That magic trick illustrates the fundamental absurdity of treating contemporary art as an investment vehicle." (UPDATED 3X)

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"In one simple statement, the creator took these 'assets'––ostensibly worth thousands of dollars each––and rendered them worthl...

So This Is Chrismas

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" The outlook for Douglas Chrismas, the founder of one of Los Angeles’s oldest and largest galleries, seems to be growing bleaker by th...

"Prosecutors allege that Zukerman engaged in a complex scheme to avoid paying New York State sales and use taxes on the purchase of those paintings."

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Sales tax crackdown continues .

"A settlement was reached in a skirmish over ownership of Pablo Picasso’s plaster 'Bust of a Woman,' according to a filing in New York federal court."

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Breaking news .  Background here .
Thursday, May 12, 2016

Tell me again about the public trust (Warhol Museum edition)

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" The museum traded deaccessioned works from its collection for the painting ."

"Jasper Johns, Robert Rauschenberg, and the Case of the Missing Flag"

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By Greg Allen .

"NYS is currently focusing on the use of resale certificates (which exempt a purchase from sales tax) in connection with art purchases."

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Diana Wierbicki and Seth Cohen:   How Art Collectors Can Stay Out Of Tax Trouble In New York .

Simchowitz Settlement

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Story here .  Background here .
Friday, May 06, 2016

Tell me again about the public trust (somehow, the museum has made peace with parting with more than 600 pieces of Chinese ceramics edition) (UPDATED)

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The Met is selling them at Christie's.  They have 3,600 other Chinese ceramics, so it's not like selling off 15% of them is that bi...
Thursday, May 05, 2016

"By digitizing and replicating objects of cultural heritage, we risk inviting a host of legal disputes over access and ownership."

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An interesting piece in the Boston Globe a few days ago by Sonia Katyal and Simone Ross, on (among other things) 3D printing, art, and copy...
Tuesday, May 03, 2016

"We are committed to rooting out tax abuses wherever we find them, especially in the art world, where the difference can be hundreds of thousands — if not millions — of dollars in lost tax revenue" (UPDATED)

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NYT:   Developer Aby Rosen to Pay $7 Million in Suit Over Unpaid Taxes on Art . UPDATE:   Tim Schneider thinks Rosen got a raw deal:  ...
Saturday, April 30, 2016

"'I’d collar the guy in pink' — that would be Jesus — 'because it’s clear that he’s causing all the trouble.'"

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Teaching police officers to see better through art .

"It is a typical example of what can go wrong in a big company."

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Lego admits it was a mistake to refuse Ai Weiwei's request for a bulk order last year.  This one was easy to see .
Wednesday, April 27, 2016

Felix Salmon annotates Amy Cappellazzo

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Self-recommending .
Tuesday, April 26, 2016

Big Fake

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ARTnews has a long post-mortem on the Knoedler trial.
Saturday, April 23, 2016

If only they had some way to close this deficit

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The NYT's Robin Pogrebin reports on financial trouble at the Met.  They're facing a $10 million deficit this year.  Staff reduction...

"Tisch's lawyer ... said his client realized in recent years that the painting was missing from her art studded apartment, but she wasn't sure where it was, whether in storage or out for repairs."

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The Daily News on a New York state court lawsuit that presents interesting statute of limitations/laches issues.

"On April 6, Mr. Chrismas lost the keys to his gallery, after failing to make a $17.5 million court-ordered payment to settle his debts in a long-running Chapter 11 bankruptcy case."

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Jori Finkel on the Ace Gallery bankruptcy .

"Los Angeles Art Dealer Is Arrested on Embezzlement Charges"

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New York Times story here .
Tuesday, April 19, 2016

Cert denied in the Google Books case

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Story here .  Background here .

"Why don’t many galleries list their prices?"

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Paddy Johnson points to one explanation from artnet:  "So tax authorities can’t track their client purchases."  She offers anothe...
Monday, April 18, 2016

"We have to have some perspective on suffering."

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Ann Freedman speaks .
Tuesday, April 12, 2016

No Soup Cans For You

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Seven Warhol Soup Can prints have been stolen from a Missouri museum .  Michiko Kakutani tweets that, by breaking up the series of 10, the ...

BREAKING: Dismissal Granted in California Resale Royalty Case (UPDATED 3X)

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I'll post a link when I have one, but the District Court in California has granted the defendants' motion to dismiss (what's lef...

"Artist Claims Copyright to Four Photos of Robert Mapplethorpe in $65 Million Lawsuit"

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Also while I was away, a "poet, actor, photographer, and makeup artist" named James R. Miller filed a lawsuit against the Mappleth...

You may want to brace yourself for this

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But the Tennessean reports that the Stieglitz Collection has returned to Fisk University after a two-year stint at the Crystal Bridges Muse...

Swedish Model

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Art F City notes a Swedish court ruling against Wikimedia, holding that "images of public art are not public domain, but belong to the...

Another reminder about the idea/expression distinction

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Via Rebecca Tushnet .  Earlier example (among many)  here .

"It hardly comes as much of a surprise that amid the high-profile scandals and tales of political corruption in the Panama Papers, art is something of a constant" (UPDATED)

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I was away last week (I had a tip on the location of Mr. X , but sadly it turned out to be a false lead), but the big news was that the Pana...
Thursday, March 31, 2016

Messier (UPDATED)

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Counterclaims in the Simchowitz suit mentioned here . UPDATE:   AFC :  "Everyone in this case sounds insane."
Wednesday, March 30, 2016

Is a Popemobile held in the public trust?

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If not, why not? The church is a 501(c)(3) organization, just like museums are.  Does that mean that "we" own all its assets ?  ...

"Replace 'Caspersen' with 'Knoedler' in this @matt_levine column and you have some great art-market analysis"

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Says Felix Salmon .  The column ("Real Investment Adviser Sold Some Fake Investments") is here .
Tuesday, March 29, 2016

"Local activists see it as a precious piece of Chicago’s waterfront, a place of open views and public ownership."

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The New York Times had a piece a couple days ago about the battle over the museum George Lucas wants to build in Chicago, where, amusingly ...
Sunday, March 27, 2016

"The artist whose painting got her dumped by Charles Schwab" (UPDATED)

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Felix Salmon tells the tale. UPDATE:   Guelda Voien has some thoughts.
Monday, March 21, 2016

Yawn

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The NYT's Randy Kennedy reported last week that the National Academy -- "the nation’s oldest continuously operating artists’ socie...

"Sandy-Related Art Damage Suit Against Christie's Is Revived"

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The New York Law Journal [ $ ]:  "The panel cited Kimberly-Clark Corp. v. Lake Erie Warehouse, Div. of Lake Erie Rolling Mill , 49 AD2d...
Thursday, March 17, 2016

Whose art is it?

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Two views of the question, from Kanye West and Richard Prince. Prince's position is currently being tested in the courts.
Tuesday, March 15, 2016

Stolen Bacon

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" The five works were stolen last June although it is unclear why details have not emerged until now ."
Monday, March 14, 2016

"Will report back to you all in a generation to see if my instincts were right."

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Tim Schneider on the Artist Pension Trust, which I mentioned last week : "Personally, I'm torn about this concept. On the one ha...

Disaster averted

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A couple years ago, I mentioned a New York state court decision that "could wreak some serious havoc on the world of authentication li...
Wednesday, March 09, 2016

"If the investigation advances, Bouvier could face fraud charges in the U.S." (UPDATED)

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Bloomberg :  "Federal prosecutors, following the lead of European authorities, have opened an inquiry into one of the art world’s consu...
Tuesday, March 08, 2016

"Since its founding, the trust has evolved significantly."

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"This month it will make its first distributions, rather than wait to make a large payout at the end of a 25-year period as originally ...

Apparently they are held in trust for the public of the city of Bradford only

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Because it's " an appalling act of cultural vandalism " to move a collection of photos to the Victoria & Albert Museum in ...
Tuesday, March 01, 2016

Christie's Suing the Mugrabis (UPDATED 2X)

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For non-payment ($32M) on a Basquiat.  Story here .  Court papers here . UPDATE:  A response from Jose Mugrabi. UPDATE 2:  That was qui...

Art dealer charged with fraud previously tried to sell the Matter Pollocks

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Story here .  Background on the charged dealer here .  Background on the Matter Pollocks here .

"Somehow, the museum version of the 'public trust' doctrine provides that artworks protected by the public trust cannot be sold unless it is convenient."

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"It is telling that the legal scholars who have considered this argument have been ... unsympathetic. And that proponent of the 'pu...
Saturday, February 27, 2016

Motion to Dismiss in Latest Prince Suit

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Brian Boucher has a report here .  Background here . This is an interesting strategic decision.  It's very  hard to win a motion to di...
Friday, February 26, 2016

Settlement in the Met "Suggested Admission" Lawsuit (UPDATED)

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I suggest you read Helen Stoilas's report in The Art Newspaper.  Background here . UPDATE:   More from Randy Kennedy in the Times.  ...
Thursday, February 25, 2016

"The French ruling gives the Pelham side more legal justification to press for the discovery in New York about the terms of the Gagosian sale."

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NYT:   Setback for Picasso’s Daughter in Battle Over Sculpture .  Background here .
Monday, February 22, 2016

"A guarantee—offered directly or by a third party— is a real price. Someone has to pay it."

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The Art Market Monitor :  Guarantees do not "distort" the market.
Sunday, February 21, 2016

"The Knoedler sales only dealt in a difference of degree, not kind, from the wholly legitimate day-to-day business of the secondary market."

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"And in that sense, the circumstances surrounding the de Soles' 'Rothko' aren't quite the extreme outliers they're ...
Wednesday, February 17, 2016

"I'm happy that we went to court, as the truth was established."

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Domenico De Sole speaks .
Tuesday, February 16, 2016

The Knoedler Trial May Be Over ...

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... but the Knoedler news keeps coming:  "Jose Carlos Bergantinos Diaz, the alleged partner of Glafira Rosales in her sale of a cache o...
Monday, February 15, 2016

"Perhaps the main takeaway is this: Hell hath no fury like a woman scammed."

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The Observer:   More Than Money: Inside the Knoedler Art Fakes Scandal .
Saturday, February 13, 2016

What it looks like to take the notion of the "public trust" too seriously

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In a review of works from the collection of Paul Allen at the Phillips, Pulitzer Prize winning critic Philip Kennicott tells us: "Bu...
Friday, February 12, 2016

Correction

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The narrative of the week seems to be that we're seeing a "correction" in the art market.  See here , for example, and here . ...

The Top 9 Takeaways From The Knoedler Trial

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By Eileen Kinsella and Sarah Cascone at artnet .  I'm (briefly) quoted.
Wednesday, February 10, 2016

It's over (UPDATED 6X)

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Knoedler trial settles . UPDATE:   Here is the New York Times story.   Here is Eileen Kinsella at artnet ("It was an anticlimatic e...
Tuesday, February 09, 2016

MORE BREAKING KNOEDLER NEWS (UPDATED 3X)

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" Due to 'unexpected developments', proceedings end abruptly today in Knoedler case just before Ann Freedman and Michael Hammer...
Sunday, February 07, 2016

BREAKING KNOEDLER KNEWS (UPDATED 2X)

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Ann Freedman has settled with the De Soles.  The case against the gallery continues.  "The settlement follows damaging testimony abou...
Saturday, February 06, 2016

"And so there's a reliance and a sort of gentleman's agreement within the art world that has existed for centuries now that says, you know, if we say this is authentic, it is to the best of our knowledge, and that's that."

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Noah Charney on the Knoedler trial.

The 5 Best Moments of the Knoedler Fraud Trial So Far

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From artnet's Cait Munro .

Knoedler Trial Day 10

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New York Times story here .
Thursday, February 04, 2016

Knoedler Trial Day 9 (UPDATED 2X)

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" I think she may have brought it over in her car ." ("It" being an $8.3 million "Rothko.") UPDATE:  Purch...

"Art Dealer Is Arrested on Charges of Selling Fake De Kooning Artworks" (UPDATED)

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Brian Boucher has the story here . UPDATE:  More details about the charges here .
Wednesday, February 03, 2016

Knoedler Trial Day 8 (UPDATED 2X)

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Run like hell . UPDATE:  Laura Gilbert:  " So far, seven of the 11 people listed have testified that they did not authenticate the wo...

Knoedler Trial Day 7

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" You do understand that all of the works were fake? "
Monday, February 01, 2016

Knoedler Trial Day 6 (UPDATED 4X)

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" It's a bit rich ." UPDATE:  New York Times story here . UPDATE 2:  M.H. Miller here . UPDATE 3:  Laura Gilbert here . ...

Wrapping Up Week 1 of the Knoedler Trial

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M.H. Miller here . Jay Grimm here .
Saturday, January 30, 2016

Knoedler Trial Day 5 (UPDATED 2X)

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Brian Boucher has you covered . UPDATE:  Here's NPR on the case. UPDATE 2:  Jerry Saltz tweets:  " [Freedman] will get off. In...
Friday, January 29, 2016

"That is an argument that should be made to Congress and the President, not to me."

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The monkey selfie opinion has been released.  Background here .

"Woman sues AP for taking and selling stock photo of her wearing a headscarf"

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Eugene Volokh thinks she will lose under New York law.  Sergio Muñoz Sarmiento agrees . Copyright Librarian Nancy Sims says it's a ...

Knoedler Trial Day 4 (UPDATED)

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Sarah Cascone reports here . UPDATE:  Some more general thoughts from Blake Gopnik.
Thursday, January 28, 2016

Knoedler Trial Day 3 (UPDATED 3X)

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Sparks flew . UPDATE:  Georgina Adam:  "' Secret Santa' seems a killer line ." UPDATE 2:  Art Advisor Jay Grimm is blo...
Wednesday, January 27, 2016

Knoedler Trial Day 2 (UPDATED 2X)

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Recap here . UPDATE:  More from ARTnews here . UPDATE 2:  " Lawyer for Ann Freedman uses fiction film to defend his client. How app...
Tuesday, January 26, 2016

"'There was even a Pollock with a misspelled signature,' she told the jurors."

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Day 1 of the Knoedler trial.
Monday, January 25, 2016

"We would not only be dwarfed by the scale, but I feel like I would be in a dungeon -- in chains."

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Bloomberg:   Manhattan's Next Super-Tall Condo Plan Faces Neighborhood Battle .  One of the issues is blocked light for a collector'...

Reminder: the Knoedler trial starts TODAY (UPDATED 2X)

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Excellent preview from Graham Bowley and Colin Moynihan in the Times here . UPDATE:   Another from Laura Gilbert in The Art Newspaper. ...
Sunday, January 24, 2016

It would also be a violation of VARA (UPDATED)

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The New York Post has a story today on the possible destruction of (my client) Dorothea Rockburne’s murals in the Sony building. The demo...
Saturday, January 23, 2016

Held in the public storage space

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Quartz:   Museums are keeping a ton of the world's most famous art locked away in storage .

"It seems almost like a stupidity trend among these fashion companies in not treating these graffiti artists as if they have rights in these images."

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The copyright infringement suits by graffiti artists continue to pile up .  " Outlaws asserting their property rights ."

Reminder: the Knoedler trial starts Monday

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The Wall Street Journal has a preview here .
Tuesday, January 19, 2016

"The secretive art market is almost purpose-built for such disputes."

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Felix Salmon on the latest art-world dust-up .
Friday, January 15, 2016

Ai Weiwei 1, Lego 0

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NYT :  "The Lego Group has said that it would no longer ask customers what they intend to do with bulk orders, following an outcry last...
Monday, January 11, 2016

Supreme Court declines to hear California Resale Royalty case

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Story here .  Background here .
Saturday, January 09, 2016

"It is up to the judge in Ms. Rosales’s case to decide how the $4.8 million raised in the Texas sale will be apportioned."

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The Rosales collection, quietly auctioned off .
Thursday, January 07, 2016

VARA claim in Detroit

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Story here .  It involves a mural, painted by artist Katherine Craig on the side of a building in 2009. One interesting twist is that appare...

BREAKING: Monkey loses selfie suit

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" U.S. District Judge William Orrick said in federal court in San Francisco that 'while Congress and the president can extend the p...
Wednesday, January 06, 2016

"If you can get away with this, what is left of copyright?" (UPDATED)

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Artnet's Brian Boucher talks to some experts about the latest Richard Prince lawsuit , and the above quote, from Stanford's Paul Go...

"New York Comes Down on Art Collectors"

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Barron's :  "Our call: Expect the aggressive enforcement to continue indefinitely. It’s an inexpensive way for New York State to ra...

"[T]he really dangerous forgers are the ones who can infiltrate and corrupt the core of the knowledge system upon which the art world relies"

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Purchase College's Jeff Taylor:   The secret to all great art forgeries .
Monday, January 04, 2016

"Who’d Steal Lincoln’s Hand?"

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Art Theft Baffles Illinois Museum .

Here we go again

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Another photographer has sued Richard Prince for use of a Rastafarian image.  Should be an easy case to decide:  all the court has to do is...
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