Paintings Sculptures and Engravings

News & Analysis as of

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

Exhibition Interference Shows That Public Institutions Still Struggle with First Amendment

Use of Confederate Flag in California Painting and Klan Imagery in Massachusetts Leads to Removal of Controversial Works - Two recent interventions by public authorities to remove controversial works of art underscore...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

New Authentication Lawsuit Filed Against Agnes Martin Catalogue Raisonné

For several years the topic of litigation against appraisers and authenticators has been a controversial issue, causing a number of artists’ foundations and independent professionals to refrain from giving opinions for fear...more

Copyright Infringement – Plaintiff Not Required to Prove Copies Are Unauthorized **WEB ONLY**

Correcting a transcription error in a prior decision, the US Court of Appeals for the Seventh Circuit confirmed that a plaintiff does not have to prove that infringing copies are unauthorized as part of a prima facie case of...more

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

Update: I Swear It’s Not Mine – Artist Sued for Denying He Created Art Piece

Yesterday, August 23, 2016, U.S. District Judge Gary Feinerman reached a verdict in the authentication case against Peter Doig. He stated that Doig “could not have been the author of the work”, but rather in all likelihood...more

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

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

I Swear It’s Not Mine – Artist Sued for Denying He Created Art Piece

Artist Peter Doig, whose pieces regularly sell for $10 million, is currently entangled in a rare and rather odd lawsuit, which involves a work Doig denies he created. While disputes of the authenticity of pieces of artwork...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

FBI Returns to House Where it Did Not Find Gardner Museum Art Before, Does Not Find Gardner Museum Art There

Refreshingly, March 18 passed this year without the usual breathless maybe-it’s-about-to-turn-up coverage that has often been manufactured each year on the anniversary of the Isabella Stewart Gardner heist of 1990. That...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

Belgium: Even a world famous painter needs to respect copyrights

The well-known Belgian painter Luc Tuymans has based his painting ‘A Belgian Politician’ on a picture of the Belgian right-wing politician Jean-Marie Dedecker that was made by the professional photographer Katrijn Van Giel,...more

Dean v. Cameron -- USDC, S.D.N.Y., September 17, 2014

Dean v. Cameron - USDC, S.D.N.Y., September 17, 2014: Court dismisses artist’s copyright infringement suit against defendants, including James Cameron, involved in production and distribution of blockbuster feature...more

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