News & Analysis as of

Paintings Sculptures and Engravings

Recent Closures Of Small To Midsize Galleries Represent A Widening Gap Between Small Galleries And Large Ones

by Fox Rothschild LLP on

In recent art news, the gap between small galleries and large galleries is widening at a steady pace as a number of small to midsize art galleries have closed their doors since 2012 to present and the numbers are remarkable. ...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

The Top Hits: Fashion Cases with a Big Impact

by Knobbe Martens on

Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more

The Charging Bull and the Fearless Girl: Moral Rights Protections in Australia and the U.S.

by K&L Gates LLP on

The Charging Bull has been an iconic New York City landmark since it was placed outside the New York Stock Exchange in December 1989 in an act of guerrilla art. The bull's sculptor, Artutro Di Modica, left the artwork as a as...more

This Painting is My Speech, This Painting is Your Speech—Government Scores a Win in Capitol Painting Controversy

by Sullivan & Worcester on

A controversial painting removed from display at the U.S. Capitol will not be returning to display after the U.S. District Court denied a request for an injunction before the exhibition in question came to an end. While the...more

Organization Of Largest Exhibition Of Michelangelo Works In Its History Underway At The Met

by Fox Rothschild LLP on

In recent art news, the Metropolitan Museum of Art (“The Met”) announced earlier this week that it is planning the largest exhibition of Michelangelo works in its history set to open later this year. The exhibition will...more

Visual Artists Rights Act Review

In 1990 Congress added the Visual Artists Rights Act (VARA) to the Copyright Law as new Section 106A. Section 106A provides: 106A Rights of certain authors to attribution and integrity - (a) Rights of Attribution...more

French Court Finds Jeff Koons Appropriated Copyrighted Photograph That “Saved Him Creative Work”

Jeff Koons is a well-known U.S. sculptor. In 2013, one of his “Balloon Dog” sculptures was purchased for $58.4 million dollars, the highest price ever paid at auction for a work by a living artist. Koons is also famous for...more

Two Heads May Be Better Than One, But Six Heads Won’t Help You Market Your Bar

Monte Thrasher brought a VARA complaint against Marci Siegel and Co-Op 28 for painting over his “Six Heads” mural in the Los Feliz neighborhood of Los Angeles...more

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

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