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Art Appeals

Sullivan & Worcester

Thyssen-Bornemisza wins Pissarro painting sold under Nazi duress by Lilly Cassirer

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The U.S. Court of Appeals for the 9th Circuit ruled on January 9, 2024 that the Thyssen-Bornemisza Collection Foundation in Madrid is the owner of Rue Saint–Honoré, après-midi, effect de pluie (1892) by Camille Pissarro, a...more

Foley Hoag LLP

Art Exhibitions Get Complicated: When an American Museum Borrows Art from Abroad, Can A Putative Owner Sue in U.S. Court to Claim...

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As we walk through art museums, admiring the paintings, sculptures, and artifacts, we (sometimes) read the little cards that explain each piece and identify who donated or loaned it to the museum. We might not pay much...more

A&O Shearman

Court of Appeal artfully navigates questions on agency and privity

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In Fairlight v Sotheby’s, the Court of Appeal considered whether a line of authorities relating to sub-agency could be applied to preclude privity of contract between the parties, and to excuse Fairlight from returning...more

McDermott Will & Emery

Street Art Street Smarts: Second Circuit Applies VARA, Affirms Moral Rights

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The US Court of Appeals for the Second Circuit affirmed that plaintiffs-appellees’ temporary artwork had achieved appropriate stature to be protected by the rarely invoked Visual Artists Rights Act of 1990 (VARA), and that an...more

Robinson+Cole Construction Law Zone

Caution When Approaching Artistry

A $6.75 million judgment was upheld by the United States Court of Appeals, Second Circuit, against a developer that whitewashed 45 spray-painted artworks on its site — several months before the demolition permits were issued....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2020: Cohen v. G&M Realty L.P.: A Judicious Gentrification of Graffiti

Last week, the Second Circuit issued a landmark decision clarifying the types of work protectable under the federal Visual Artists Rights Act (VARA) in Cohen v. G&M Realty L.P. The decision confirms that graffiti art is a...more

Sullivan & Worcester

Berkshire Museum Tries to End-Run Pending Appeal but Member Plaintiffs Decline to be Bullied

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After four months of silence, the Berkshire Museum suddenly demanded last week that my clients dismiss their still-pending lawsuit over the governance of the museum by claiming that the April decision by the Single Justice of...more

Sullivan & Worcester

Members of the Berkshire Museum Ask Supreme Judicial Court to Stop Berkshire Museum’s Deaccession Plan

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(Boston, MA, February 26, 2018) Sullivan & Worcester LLP clients and Berkshire Museum members James Hatt, Kristin Hatt, and Elizabeth Weinberg filed today a brief with the Supreme Judicial Court of Massachusetts asking the...more

Sullivan & Worcester

Members of the Berkshire Museum File Appeal Papers to Stop Museum's Planned Sale of 40 Works from its Collection

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(Boston, MA, January 16, 2018) Sullivan & Worcester LLP has filed its papers in the appeal by its clients, the members of the Berkshire Museum who sued to enjoin the museum’s sale of 40 works of art and sculpture. The appeal...more

Sullivan & Worcester

Members of the Berkshire Museum Appeal Ruling on Planned Sale of Critical Pieces of its Collection

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Sullivan & Worcester LLP has filed an appeal on behalf of its clients, the members of the Berkshire Museum who sued to enjoin the museum’s sale of 40 works of art and sculpture. The appeal is brought as a result of the...more

McDermott Will & Emery

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

Sullivan & Worcester

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

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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

Dorsey & Whitney LLP

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

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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

Williams Mullen

Fifth Circuit Court Reverses Tax Court Ruling on Fractional Interest Valuation Discounts

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On September 15, the U.S. Court of Appeals for the Fifth Circuit reversed a 2013 Tax Court decision that had allowed only a nominal, 10% fractional interest discount for artwork included in a decedent’s estate....more

Nossaman LLP

Appropriation Art As Fair Use Under The Copyright Act

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Appropriation art raises special issues of fair use. An appropriation artist takes the work of another artist and modifies it in some fashion and in the process creates a new work of art. Andy Warhol's Campbell Soup Can...more

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