Category Archives: Art Collectors

Subscribe to Art Collectors RSS Feed

Mum’s the Word: New York’s Highest Court Maintains Anonymity in Auction Sales

In late 2012, we reported on a New York Appellate Division order that sent shockwaves and fear of instability through the auction house world.  Late last month, the New York Court Appeals issued its opinion in the case of William J. Jenack Estate Appraisers and Auctioneers, Inc. v. Rabizadeh, overturning the Appellate Division and ruling … Continue Reading

Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only Transformative Quality Required

In Cariou v. Prince, No. 11-1197-cv (2d Cir. Apr. 25, 2013), an opinion with significant importance for the art world, the U.S. Court of Appeals for the Second Circuit clarified what is required for a defendant’s entitlement to the “fair use” defense to a claim of copyright infringement, holding that the law does not require … Continue Reading

Museum Loans – Part Two

Last post discussed the legal issues surrounding museum loan agreements. This post continues the discussion of museum loans with a look at loans coming into the U.S. from abroad. When exhibition descriptions use the phrase “supported by an indemnity from the Federal Council on the Arts and the Humanities,” or similar language, the organizers have … Continue Reading

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 loan agreements because the agreement is designed to govern all aspects of the loan throughout the specified term. What follows is … Continue Reading

Caveat Consignor

Auction houses typically do not disclose the identity of the seller on their sales contracts. A recent New York trial court decision may drastically change that longstanding practice. The auction trade is supply-driven. As such, it heavily depends on sellers – and those sellers usually want to remain anonymous. Consignors have various motives for keeping … Continue Reading

Public Art Programs: 1% for the 99% – Part Three

We conclude our series on public art and percent-for-art programs by focusing on a recent case involving the respected American sculptor, Alice Aycock. The artist’s sculpture, Star Sifter, was created in 1998 for the John F. Kennedy Airport, New York City. The recent lawsuit was prompted by the planned removal, and thereby destruction, of the … Continue Reading

Public Art Programs: 1% for the 99% – Part One

The Art Law Blog introduces the first in a series of three articles on "percent-for-art" programs. The common purpose of percent-for-art ordinances is to invigorate the public cultural environment, and to develop and enhance public interest in the visual arts by creating enduring and specific art for public spaces. Some jurisdictions even articulate this goal … Continue Reading

My Fellow Californians – Our Long National Nightmare is Over

By Christine Steiner In the same era Gerald Ford advised his fellow Americans that “our long national nightmare is over,” as he succeeded Richard Nixon as president, the California Legislation enacted the sloppily-drafted California Resale Royalty Act, Civil Code Section 986. The act was not exactly a nightmare, in truth it slumbered for most of … Continue Reading

The Year In Review

By Lano Williams and Christine Steiner The past year was packed with litigation that ranged from broad constitutional questions to the ever present scourge of forgeries. Art Law Gallery presents highlights of some of the most important cases:  … Continue Reading

Cherchez les Catalogues Raisonnés

By Tyler Baker and Christine Steiner The success of the art market depends largely on confidence in the authenticity of artists’ works. Traditionally, a work in an artist’s “catalogue raisonné” has been key to confirming the authenticity, and thus value. To that point, a recent lawsuit filed in the U.S. District Court for the Southern District of … Continue Reading

Authentication Board to Death by Lawsuits

By Lano Williams and Christine Steiner The recent news that the Andy Warhol Art Authentication Board, Inc. will dissolve in early 2012 brings the role of authentication boards in the art world to the fore once again. The Board, which has been charged with authenticating the works of Andy Warhol since 1996, has been the … Continue Reading

The Prudent Buyer’s Guide to Art Fairs

Whether you are a first-time buyer or an experienced collector, the electricity surrounding an international art fair can overwhelm the senses. Lavish parties, rich history, and the subtle buzz of thousands of business deals endow events like Art Basel, the Venice Biennale, and the upcoming Los Angeles Biennial, planned for 2012, with an air of gravitas … Continue Reading

Art Insurance: Clean as a Rockwell

“Defective art” is buzzing up the art scene, but not in that postmodern kind of way. This time, it’s not so cool. For instance, director Steven Spielberg recently dealt with defective title when he discovered that his Norman Rockwell painting, the Russian Schoolroom, had been stolen from a Missouri gallery 16 years earlier. Spielberg has since returned the … Continue Reading
LexBlog