News & Analysis as of

Museums

Leonardo da Vinci Masterpiece To Be Protected With Advanced Air Filtration System

by Fox Rothschild LLP on

As recently reported by ArtNews, Leonardo da Vinci’s masterpiece, The Last Supper (1495-1498), one of the world’s most famous paintings, will be protected by an “advanced air filtration system” backed by Eataly that is...more

Polish Court Clears Path For Merger Of New World War II Museum With Smaller, Not Yet Built Museum For A More Nationalistic...

by Fox Rothschild LLP on

In recent art world news, Poland’s Museum of the Second World War, said to be the “most comprehensive public exhibition in Europe about the greatest cataclysm of the 20th century,” opened last month. The new museum, situated...more

Sea Change in Nazi-looted Art Claims? The HEAR Act is Put Into Action

by Sullivan & Worcester on

Two pending cases have invoked the new law - A recent article in the New York Times highlights the change that the recent passage of the Holocaust Expropriated Art Recovery (HEAR) Act of 2016 has had on disputes about...more

Gurlitt Bequest to Kunstmuseum Bern is Upheld

by Sullivan & Worcester on

Cousin Had Challenged His Capacity to Make a Will Shortly Before 2014 Death - After a two-year legal battle, the Oberlandesgericht in Munich has upheld the dismissal of Uta Werner’s challenge to the will made by...more

Fair Warning: Artwork, Private Foundations, and Self-Dealing

The weekend has ended and Art Basel – Miami 2016 has concluded. To many U.S. taxpayers, it’s just another Monday, but to serious collectors who attended this vibrant art fair focused on contemporary paintings and sculptures,...more

Changes to Limbach Commission Announced, Real Change Now Seems Out of Reach

by Sullivan & Worcester on

Three New Members Are Added but German Museums Can Still Decline to Participate - After nearly a year of hinting at changes the Advisory Commission in Germany that makes recommendations to state museums on claims for...more

Restitution Claims Resolved in New York and Cologne, New Case Filed Against Germany

by Sullivan & Worcester on

Word came this week of two resolutions of claims to Nazi-looted art in museums in New York and Cologne, and a new Nazi-looted claim against Germany filed in Washington. Barely a month after the Neue Galerie (of Austrian and...more

Restitution Legislation: HEAR Act and Foreign Cultural Exchange Jurisdictional Clarification Act Move Forward

by Sullivan & Worcester on

Two restitution related bills have advanced past the Judiciary Committee of the United States Senate: the Holocaust Expropriated Art Act (S.B. 2763, the HEAR Act), and the Foreign Cultural Exchange Jurisdictional...more

Copyright At The Museum: Musings In Anticipation Of The IPO Dinner At The MOMA

As a fan of modern art, I am looking forward to the dinner reception at next week’s Annual Meeting of the Intellectual Property Owners Association (IPO), which will be held at New York’s Museum of Modern Art. As a member of...more

Norton Simon Museum Prevails Against Von Saher Claim to Cranachs Looted by the Nazis

by Sullivan & Worcester on

Just as it appeared that the first trial in years would begin next month on a claim of Nazi-looted art, the much publicized Von Saher case has come to an end with a judgment that entered yesterday. The U.S. District Court...more

Pennsylvania Court Says Museum Must Waive Admission Fee for Personal Care Assistants

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Pennsylvania court rules that a museum violated the ADA when it refused to waive the entry fee for a guest’s personal care assistant. A federal district court judge in Pennsylvania court recently held...more

SC Public Policy Update - June 2016 #2

by Nexsen Pruet, PLLC on

What's New - Pursuant to the sine die resolution, legislators will return to Columbia June 15 through 22 to take up various items including vetoes and conference reports. House and Senate conferees likely meet next week...more

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

by Sullivan & Worcester on

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

Contributions of Art: Elements of a “Boring” Charitable Contribution Deduction

by M. Robinson & Company, P.C. on

This article highlights some of the more critical income tax issues that taxpayers and their advisors must address when claiming the charitable contribution deduction for the gift of art to art museums. This article does not...more

Assembly Bill 792: Removing the Term “Avoid Speculation” from California’s Statute for Investments of Nonprofit Public Benefit...

by Davis Wright Tremaine LLP on

Assembly Bill 792 (AB 792) addressing investment standards for nonprofit public benefit and religious corporations was recently signed by Governor Brown in California and becomes effective January 1, 2016. AB 792 will resolve...more

Major Changes to District of Columbia Zoning Regulations

by Goulston & Storrs PC on

Effective in early 2016, the District of Columbia Zoning Commission will adopt a major overhaul of the zoning regulations. Although the overhaul is intended to simplify and update the 1958 zoning regulations, the new...more

Sports, Media and Entertainment Intelligence - May 2015 (Global)

by DLA Piper on

COPYRIGHT - Belgium: Even a world famous painter needs to respect copyright - It has been held that the well-known Belgian painter Luc Tuymans breached professional photographer Katrijn Van Giel's copyright through his...more

UK: Intellectual Property Office publishes advice on exhibition of copyright protected works

by DLA Piper on

On 24 March 2015, the UK Intellectual Property Office published “Copyright notice: public exhibition of copyright works”, a notice aimed at libraries, museums, galleries and other institutions who may wish to exhibit works...more

French Supreme Administrative Court Rules on the Procedure for Returning Artworks Looted by the Nazis

by McDermott Will & Emery on

After World War II, works of art suspected of having been stolen by the Nazis were listed on a special registry called the Musées Nationaux Récupération (MNR registry), and stored in French museums until they could be...more

Last Wishes, First Impression: Potential legal issues arise after Munich recluse passes away, bequeathing Nazi-looted art to a...

Cornelius Gurlitt’s notarized will, which did not surface until after his unexpected death this past May, lists the Kunstmuseum Bern in Switzerland as the heir to his vast art collection, which included works by Matisse, Dix,...more

New Miami In The News: Weekly Recap

This week in New Miami news, don’t miss the renderings of developer Jeff Berkowitz’s Skyrise Miami, a sleek 1000-foot observation tower that would become Miami’s tallest building. Channel deepening project begins at...more

Battle Between Harper Lee and her Hometown Museum over Use of “To Kill A Mockingbird”

by Winthrop & Weinstine, P.A. on

There has been a lot of legal activity in connection with Ms. Lee, her book title and trademark applications filed for “TO KILL A MOCKINGBIRD.” For instance, Ms. Lee filed a trademark application for use of “TO KILL A...more

The financial crisis and a new round of deaccessioning debates

When public institutions are suffering from financial deficits, one question is usually raised: can they sell art to survive? In the museum world it is generally understood that you are to deaccession art only if the work is...more

Recent PAC Rulings Find University And Park District In Violation Of Open Meetings Act

by Franczek Radelet P.C. on

In a recent decision, the Public Access Counselor (PAC) ruled that Western Illinois University Board of Trustees violated the Open Meetings Act (OMA) when it voted to terminate a faculty member in closed session. According to...more

Museum Loans

Museum loans have many benefits. Generous lenders serve the public good by making works available for display and exhibition both here and abroad. Lenders should have a passing familiarity with legal issues surrounding museum...more

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