News & Analysis as of

Paintings Sculptures and Engravings

New York City Church Sued For Relocation Of Sculpture Commemorating 9/11 Loss Of Tree

by Fox Rothschild LLP on

In recent art news, Trinity Church in Lower Manhattan is being sued by a sculptor for relocating his bronze sculpture of the stump and root system of a very large sycamore tree entitled “The Trinity Root” that was formally...more

“Anti-Police” Painting Controversy: Court says, No First Amendment Rights at Stake

by Fox Rothschild LLP on

The US. District Court for the District of Columbia recently denied a preliminary injunction seeking the reinstallation of a controversial “anti-police” painting at the U.S Capitol complex. David Pulphus, a student...more

“Charging Bull” Sculptor Articulates VARA Complaint, But “Fearless Girl” Still Standing Firm

by Sullivan & Worcester on

After a recent discussion about whether the new Fearless Girl sculpture by Kristen Visbal in Lower Manhattan might implicate the copyright of the earlier Charging Bull sculpture that has been there for nearly three decades,...more

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

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

"Fearless Girl" Sculpture Near Wall Street Prompts Copyright Allegation That is More Bull than Bear

by Sullivan & Worcester on

The sudden appearance near Wall Street on March 8, 2017 of The Fearless Girl, a bronze life-sized depiction of a roughly ten-year old girl staring defiantly at the famous Charging Bull sculpture has prompted headlines...more

Art Advisors and Duty of Loyalty in Focus Again Over Sale of Basquiat

by Sullivan & Worcester on

We reviewed in December an important decision that addressed the duties of loyalty that art advisors may, or may not, owe to their clients in dealing in the art market. That question—of to what extent advisors and...more

Battle Over Controversial Student Art in U.S. Capitol Lands in Court—First Amendment in Focus Again

by Sullivan & Worcester on

For several weeks earlier this year, an odd battle was waged in the halls of the U.S. Capitol over a controversial work of art by a high school student placed there after an art competition in St. Louis. At issue is whether...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

Exhibition Interference Shows That Public Institutions Still Struggle with First Amendment

by Sullivan & Worcester on

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

by Sullivan & Worcester on

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**

by McDermott Will & Emery on

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

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

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

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

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

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

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

by Sullivan & Worcester on

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

by Sullivan & Worcester on

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

by DLA Piper on

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

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