Art

News & Analysis as of

Making Sense of the Peter Doig Trial and the Authentication Fallout

As was reported in detail by the New York Times and others earlier this week, artist Peter Doig prevailed in what most agree was the strangest art related trial in many years. In a nutshell, Doig was accused by a former...more

Artists, Entertainers and Mediation: Where the paths meet

I’m a lawyer and have been a full-time mediator for more than 20 years. Before I went to law school, I spent 10 years working as a professional dancer, seven as a member of the Alvin Ailey American Dance Theater. I didn’t...more

Burning Man Bus Not a Protected Work of Visual Art Under VARA

The US Court of Appeals for the Ninth Circuit affirmed the judgment of a Nevada district court when it determined that the Visual Artists Rights Act (VARA) of the US Copyright Act did not apply to a used school bus that had...more

Eat Your Art Out: Intellectual Property Protection for Food

Let’s face it, we live in a food-crazed world. Our current preoccupation with food has less to do with eating it; we also are fascinated with looking at it. Posting photos of food on Instagram is now a universal pastime. ...more

If it Ain’t Broke?…Ninth Circuit Announces Curious Test of “Applied Art” Under VARA

The Ninth Circuit has ruled against two artists in a long-running dispute about a hybrid school bus creation at Burning Man more than ten years ago, a “galleon” named La Contessa. In announcing a test that focuses on whether...more

VARA Claim over 16th Century Spanish Galleon Replica Goes Up in Smoke

The Visual Artists Rights Act (“VARA”) protects a “work of visual art” from “intentional distortion, mutilation, or other modification.” VARA defines what a work of visual art is, and also what it isn’t. A painting, drawing...more

Is Graffiti Ineligible for Copyright Protection Just Because the Act of Tagging is Illegal?

After reports of a settlement proved premature, designer Moschino S.p.A. and its creative director Jeremy Scott have moved for summary judgment on the copyright claims filed last year by street artist Joseph Tierney, better...more

Guelph Treasure Heirs Explain Why Case Belongs in U.S. Court

We filed yesterday the opposition to the motion to dismiss my clients’ claims over the 1935 forced sale of the Guelph Treasure, or Welfenschatz. The motion was filed two months ago by defendants Germany and the Stiftung...more

Potemkin Village Deferred—Planned Exhibition of Gurlitt Trove is Postponed

Germany has apparently decided to postpone its ill-conceived plans to exhibit the hundreds of works of art that it still holds from the trove seized from the late Cornelius Gurlitt. This decision was announced as a date was...more

HEAR Act Introduced by Sen. Ted Cruz to Create Federal Standard for Holocaust Art Claims

Among the many challenges that litigants over Nazi-looted art face in the United States is a lack of uniformity. Statutes of limitations vary from jurisdiction to jurisdiction, and interpretations of jurisdictional laws like...more

Donate art and secure a tax break

Valuable works of art may be ideal candidates for charitable donation. Generally, it’s advantageous to donate appreciated property to avoid capital gains taxes. Because the top capital gains rate for art and other...more

Insight on Estate Planning - April/May 2016

Have you addressed elderly parents in your estate plan? Typically, an estate plan includes accommodations for your spouse, children, grandchildren and even future generations. But some members of the family can be...more

Live from the Oscars! German Cultural Ministry Disparages Possible Inclusion of Jewish Member on Advisory Commission

The New York Times reports today that Germany will pay for “at least” one more year of the Gurlitt Task Force, which recently concluded its initial term of appointment amidst criticism of the German government’s handling of...more

Time to Go—Flechtheim Heirs Withdraw from Limbach Commission That Has Outlived its Usefulness

Two days after suspending their participation in the Advisory Commission on the return of cultural property seized as a result of Nazi persecution, especially Jewish property, often called the "Limbach Commission" after its...more

Flechtheim Heirs Suspend Limbach Commission Proceedings Over Juan Gris Painting in Düsseldorf

In a move that is symbolic of the tattered legitimacy of the German Advisory Commission concerning Nazi-looted art in state museums, the heirs of famed and persecuted Jewish art dealer Alfred Flechtheim today suspended the...more

Léone Meyer and University of Oklahoma Settle Nazi-looted Pissarro Dispute

In December it was announced that the University of Oklahoma and Leone Meyer had reached a tentative settlement in the litigation over Meyer’s claims to La Begère by Camille Pissarro, a painting stolen from her father Raoul...more

Copyright, Content, and Platforms – This Week’s Odds and Ends

The increase—about twenty-five percent over this year’s budget—could help towards the Copyright Office’s goal of making registration and other transactions simple, transparent, and technologically savvy, as laid out by the...more

Buyer Beware (Again)—Art Dealer Charged with Selling Forged Paintings

As Super Bowl Sunday revealed that Ann Freedman has apparently settled claims against her in the first Knoedler trial over the creation of forged Abstract Expressionist paintings to whose orchestration Glafiria Rosales...more

Wealth Management Update - February 2016

February Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The February § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs...more

Katherine Craig Files VARA Claim over Illuminated Mural—“Recognized Stature” and Terms of Agreement Will be Critical

Last year we bemoaned a lost opportunity when a preliminary over a mural on the Prado Dam in California was decided under what seemed to us to be a misunderstanding of the Visual Artists Rights Act of 1990, 17 U.S.C. § 106A...more

Don’t Cry Over Spilled Paint — Sue! VARA Claim Filed Against Detroit Real Estate Company

News of up-and-coming Detroit-based artist, Katherine Craig, splattered across headlines in the art world when she recently filed a lawsuit under Visual Artists Rights Act (VARA). The complaint requests injunctive relief...more

“Final Report” of Gurlitt Task Force Presented to German Government—Process Continues to Raise More Questions Than Answers

The chair of the Schwabinger Kunstfund (Gurlitt) Task Force (Ingeborg Berggreen-Merkel) presented yesterday a report on behalf of the Task Force to German Minister of Culture Monika Grütters. The larger context of the...more

"New Infringements?" Richard Prince's Latest Collection is the Subject of Copyright Claims

Richard Prince, the controversial appropriation artist, has once again found himself in the crosshairs of the copyright law. On December 30, 2015, Donald Graham filed a copyright infringement suit against Prince in...more

Rights of Visual Artists

The Visual Artists Rights Act (VARA) is part of the U.S. Copyright Law and is found at 17 U.S.C. §106(A). This law went into effect in 1990 and grants certain rights to visual artists. It is akin to moral rights laws which...more

Art Basel: Tax Ramifications for American and International Art Collectors

Since its launch in 2002, Art Basel in Miami Beach has become what many consider the most prestigious and influential art fair in the Americas. The 2014 fair saw more than 70,000 international visitors descend on Miami for...more

50 Results
|
View per page
Page: of 2
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×