For centuries, artists have been celebrated for pushing boundaries and shaping how society should view art. As members of the audience, we rely on artists to expose us to these unique dimensions of thought and we return the favor by placing value on their creations. For the past twenty years, one anonymous artist has continuously thrilled his audience by publicly displaying his work throughout the streets of major cities. Banksy, as the public knows him, has once again shocked his audience, this time at the Sotheby’s auction of one of his most famous graffiti pieces, “Girl with Balloon.”
Continue Reading “Bank For Your Buck” – The Legal Implications of Banksy’s Destruction of “Girl with Balloon”

Blue Art Limited, a UK company (“Blue Art”), is suing art dealer David Zwirner and his gallery, a contemporary art gallery in New York and London, for breach of contract and fraudulent concealment and inducement, regarding an unnamed piece by an undisclosed artist.  Blue Art is owned by Old Master art dealer Fabrizio Moretti who has galleries in Florence, London and New York.  The complaint was filed on July 20, 2016 in New York state court (Docket No. 653810/2016).
Continue Reading Delivery Dilemma

News of up-and-coming Detroit-based artist, Katherine Craig, splattered across headlines in the art world when she recently filed a lawsuit under Visual Artists Rights Act (VARA). The complaint requests injunctive relief against the new owner of the building on which her mural is displayed, asserting that the building owner’s plans for renovation and/or sale threaten to “deface, modify, mutilate, or destroy” the art in violation of Ms. Craig’s rights granted under VARA.
Continue Reading Don’t Cry Over Spilled Paint — Sue! VARA Claim Filed Against Detroit Real Estate Company

Cornelius Gurlitt’s notarized will, which did not surface until after his unexpected death this past May, lists the Kunstmuseum Bern in Switzerland as the heir to his vast art collection, which included works by Matisse, Dix, and Chagall. The unusual legal issue here: one month before his death, Conelius Gurlitt agreed to return all Nazi-looted artworks in his possession to the offspring of the rightful owners.
Continue Reading Last Wishes, First Impression: Potential legal issues arise after Munich recluse passes away, bequeathing Nazi-looted art to a Swiss museum

Recently, the high court of appeals in Paris upheld an art expert’s right to refuse to authenticate a work of art.  While this decision took nine years to come to fruition, it validates an art expert’s freedom to make an authenticity determination that he or she sees fit, free from the pressures of legal liability for that decision.
Continue Reading French Court Supports Freedom of Authentication: A Win for Art Experts

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 that an auctioneer need not disclose the actual name of the owner who has consigned the work.  The Court ruled that only disclosure of the name of the auctioneer would satisfy New York’s Statute of Frauds.  The decision reverses the earlier opinion and re-permits the long-established practice of anonymity with regard to the names of owners of auctioned works.
Continue Reading Mum’s the Word: New York’s Highest Court Maintains Anonymity in Auction Sales

By Christine Steiner and Valentina Shenderovich

The long-ago Russian Revolution has been fought anew in the Federal courts in New York. The case is Konowaloff v. Metropololitan Museum of Art, and it involves a lawsuit seeking to recover a Cezanne painting seized in the aftermath of the Russian Revolution. In December, the United States Court of Appeals for the Second Circuit affirmed the dismissal of the case, holding that the act of state doctrine barred plaintiff’s action. The Konowaloff case is interesting because it may be seen as an attempt to extend to Bolshevik-loot claimants the steps that U.S. museums have taken to address art expropriation in Nazi-loot cases. The Konowaloff decision makes clear that plaintiffs seeking recovery of, or compensatory damages for, art seized by decree during the Bolshevik/Soviet regime will not succeed under the act of state doctrine – at least not in New York.Continue Reading Russian Revolution Redux

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 their identity anonymous. They may want to avoid having relatives or creditors know they sold family valuables, or do not want the public knowing what is "none of their business". Dealers may not want the public to know they are selling stock. There may also be unsavory motives at play, though reputable auction houses carefully vet both the seller and the goods.Continue Reading Caveat Consignor