News & Analysis as of

Art

Five Prerequisites For Sign Approval From The Philadelphia Art Commission

by Fox Rothschild LLP on

Are you looking to replace or construct a new sign in Philadelphia? Depending upon where your property is located you might first have to get approval from the Philadelphia Art Commission....more

Lessons Re-Learned From The No-Longer Highest Price Painting In History

by Fox Rothschild LLP on

A recent trial in the High Court in London has highlighted a few notable truths about doing business in the art world. The trial centers around a commission allegedly owed to the famous Swiss auctioneer Simon de Pury, who...more

De Sole et al. v. Knoedler Gallery, LLC et al.: #FAKES

In the past, when one thought of “art” and “risk,” World War II–era looting and restitution often came to mind. While these issues are certainly still prominent, the importance of due diligence and risk management have...more

Trio Charged In New York For Selling Counterfeit Art Works

by Fox Rothschild LLP on

In recent art news, known art fraudster Vincent Lopreto, who previously served time in prison for selling forged Damien Hirst prints, was charged in a Manhattan courtroom yesterday for selling nearly half a million dollars...more

Another Trash To Treasure Tale – Jackson Pollock Found In Garage To Be Sold This Month

by Fox Rothschild LLP on

A Jackson Pollock painting possibly worth over $15 Million was found in a garage in Arizona among other knick-knacks and memorabilia. The painting was located because the homeowner was downsizing and moving to a retirement...more

Art Basel Opens This Week In Basel, Switzerland

by Fox Rothschild LLP on

In recent art world news, premier international art fair Art Basel opens later this week on Thursday, June 15, 2017 and runs through the entire weekend in Basel, Switzerland. In this art collectors’ paradise, modern and...more

Rockefeller Estate To Be Auctioned Off For Charity May Break Record For Most Valuable Collection Ever Sold At Auction

by Fox Rothschild LLP on

In recent art world news, Christie’s in New York announced this week that it will auction off 2,000 items from the estate of the late David Rockefeller, who was the last living grandson of American industrialist John D....more

Basquiat Painting Sells For $110.5 Million At Sotheby’s Auction And Sets A Number Of Records

by Fox Rothschild LLP on

In recent art news, a vibrant painting of a skull, “Untitled” (1982), by the late artist Jean-Michel Basquiat sold for $110.5 million at Sotheby’s last Thursday evening and earned the distinction of becoming the sixth most...more

Dutch Restitution Policy For Return Of Nazi Looted Art Under Scrutiny

by Fox Rothschild LLP on

In recent art world news, recent restitution efforts of the Netherlands for returning looted art have come under scrutiny. Some international critics assert that Dutch policies for restitution of looted art have become...more

Stolen Norman Rockwell Returned After 40 Years

by Fox Rothschild LLP on

ArtNet news recently reported that the painting of a slumbering child painted by American illustrator Norman Rockwell (pictured below) has been returned to its rightful owners by the FBI. The recently recovered work has been...more

Art Scholars’ Role In Art Sales Scrutinized

by Fox Rothschild LLP on

In recent art news, longtime collaborators and respected art scholars, Emma C. Bunker and Douglas A. J. Latchford, who had become authorities on Southeast Asian antiquities in which their approval could virtually guarantee an...more

The Avant-Garde Nun Who Created The World’s Largest Copyrighted Work Of Visual Art

We are approaching the end of holiday travel season and you have likely been a visitor or had visitors over the past several weeks. If in your travels you’ve had cause to drive along interstate Route 93 just south of Boston,...more

Is Coopting Graffiti's Street Cred a Fair Use?

by Sullivan & Worcester on

Estate of Graffiti Artist Sues McDonald’s Over Fast-Food Décor - The estate of Dashiell “Dash” Snow, better known as graffiti artist “Secret Snow”—has sued McDonald’s over allegedly infringing use of Snow’s street art...more

You Just Used My Picture Without Permission?

by LeClairRyan on

Artist Richard Prince’s exhibit entitled “New Portraits’’ was displayed at New York City’s Gagosian Gallery and Frieze New York during the summer of 2015. This exhibit featured screenshots of other people’s Instagram photos....more

Just Between Us: Buyer of Rothko Painting Sued for Breach of Confidentiality

Confidentiality provisions are not a new or novel inclusion in agreements for the sale of assets, let alone the sale of artwork. However, the extremely drawn out case of Hoffman v. L&M Arts, et al, presents a rather odd view...more

Delivery Dilemma

Blue Art Limited, a UK company (“Blue Art”), is suing art dealer David Zwirner and his gallery, a contemporary art gallery in New York and London, for breach of contract and fraudulent concealment and inducement, regarding an...more

Making Sense of the Peter Doig Trial and the Authentication Fallout

by Sullivan & Worcester on

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

by JAMS on

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

by McDermott Will & Emery on

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

by Sullivan & Worcester on

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

by Dorsey & Whitney LLP on

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?

by Sullivan & Worcester on

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

by Sullivan & Worcester on

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

by Sullivan & Worcester on

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

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