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Art Artists Paintings Sculptures and Engravings

Sullivan & Worcester

Best Practices for Nazi-Era Art Presented at Special Event in Washington

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I was honored to be among the speakers this week at the United States Holocaust Memorial Museum on March 5, 2024. Convened by the World Jewish Restitution Organization and the U.S. State Department, the event announced the...more

Gray Reed

The Fine Print: IRS Examination of Artwork

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Many taxpayers have art collections. However, the art collections of some high-net-worth individuals, family offices, and business taxpayers may draw the unwanted eye of the IRS. With the increased focus on auditing...more

Sullivan & Worcester

Look to the Purpose, not the Meaning—Supreme Court Rejects Warhol Foundation’s Fair Use Defense Against Lynn Goldsmith

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The Supreme Court of the United States has issued its long-awaited ruling in the dispute between photographer Lynn Goldsmith and the Andy Warhol Foundation for the Visual Arts (AWFVA) on May 18, 2023. The Court held the...more

Miller Canfield

Supreme Court Rules Against Andy Warhol Foundation in Question About Fair Use

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For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol...more

Freeman Law

A Picture, A Painting, and A Prince: The Supreme Court Addresses the ‘Fair Use’ Doctrine

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On May 18, 2023, the U.S. Supreme Court issued its 43-page majority opinion in the case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869, 598 U.S. Facts. The facts of the case center around...more

Sullivan & Worcester

Responsible Art Market Initiative­--Intermediaries and Sustainability in the Art Market January 28, 2022 in Geneva

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After a two-year hiatus, the Responsible Art Market Initiative is planning a return to its in-person annual conference at the end of this month in Geneva. For anyone who has attended RAM events or used its catalogue of...more

Sullivan & Worcester

A Deaccessioning Decision Tree Grows in Brooklyn—Selling Museum Art in Hard Times

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Robin Pogrebin at the New York Times has written an excellent piece on the news that the Brooklyn Museum intends to sell several works from its collection to raise money. The museum explicitly relies on the pandemic-inspired...more

Manatt, Phelps & Phillips, LLP

5Pointz Owner Seeks SCOTUS Review of VARA

G&M Realty (G&M), the owner of the famous New York City graffiti space known as 5Pointz, asked the Supreme Court to strike down as unconstitutional the Visual Artists Rights Act (VARA), a federal copyright law that provides...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

Fox Rothschild LLP

Self-Destructed Banksy Work Recently Sold At Auction Now A New Work

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In recent art world news, Sotheby’s announced that England-based street artist Banksy’s iconic Girl With Balloon (2006), which infamously shredded itself moments after being sold at auction in London earlier this month, has...more

Sullivan & Worcester

Sullivan & Worcester LLP Assists in Relocation of "Digital DNA" from Palo Alto to Harvard

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I am pleased to report on the outcome of a matter we announced in February. After a disagreement with the City of Palo Alto (California) about her sculpture Digital DNA, Sullivan & Worcester LLP client Adriana Varella has...more

Sullivan & Worcester

A Step Back from the Brink—Agnes Martin Authentication Board Prevails in Court

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The decision by a New York court last month in favor of the Agnes Martin Catalogue Raisonné (AMCR) in a lawsuit by the Mayor Gallery Ltd in the United Kingdom is the latest in a series of disputes over the practice of...more

Fox Rothschild LLP

Graffiti Artists Request $2.6 Million In Attorneys’ Fees After Last Month’s Victory

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In recent art world news, following last month’s federal district court ruling that a New York City developer violated the Visual Artists Rights Act (“VARA”) when he demolished well known graffiti space, 5Pointz Aerosol Art...more

Sullivan & Worcester

Artist Adriana Varella Demands that the City of Palo Alto Halt its Plans to Remove Her Renowned Work "Digital DNA"

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Sullivan & Worcester LLP has taken action on behalf of its client, artist Adriana Varella, to protect her sculpture Digital DNA from removal and destruction by the City of Palo Alto, California. Digital DNA has stood in the...more

Fox Rothschild LLP

History Made At Christie’s Postwar And Contemporary Art Evening Auction With Sale Of $450.3 Million Leonardo da Vinci Work

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In recent art world news, a painting by Leonardo da Vinci, Salvator Mundi (circa 1500) sold for $450.3 million on Wednesday evening at Christie’s postwar and contemporary art auction. The sale of the rare masterpiece...more

Fox Rothschild LLP

Are Warhol Works Meticulously Recreated By British Artist 30 Years After Warhol’s Death Authentic Warhol Paintings?

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In recent art world news, British artist Paul Stephenson has recreated some of Andy Warhol’s most celebrated works using the exact same materials and methods as the late artist. This has sparked a lively debate as to what...more

K2 Integrity

De Sole et al. v. Knoedler Gallery, LLC et al.: #FAKES

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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

Sullivan & Worcester

Making Sense of the Peter Doig Trial and the Authentication Fallout

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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

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

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