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”
Various and Miscellaneous
Last Wishes, First Impression: Potential legal issues arise after Munich recluse passes away, bequeathing Nazi-looted art to a Swiss museum
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
French Court Supports Freedom of Authentication: A Win for Art Experts
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.
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The Architecture of Copyright
This summer, Pacific Standard Time’s world-class exhibits highlight the architecture that gives Southern California its unique reputation for modern but relaxed style. This series of exhibits, a Getty initiative, titled “Modern Architecture in LA,” maps the aspect of Los Angeles architecture that is often overwhelmed by residential structures, instead focusing on infrastructure and urban planning, commercial and civic buildings, and housing experiments, among others. Architecture is an art form, and it is also a distinct practice in and of itself. When considering the relationship between art and architecture, it is interesting to see how these practices are at once similarly and differently protected by the law. The Copyright Act of 1976 and the Berne Convention have all resolved to give architects the protection they deserve. But is this protection enough?Continue Reading The Architecture of Copyright
Robert Darwell on Art Theft, Third in List of Criminal Trades
Art blog and news source Art Van Africa interviewed Robert Darwell, head of Sheppard Mullin’s Transactional Entertainment, Technology and Advertising Practice Group, on the criminal trade of art theft. To…
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Authentication and the Art Market: What Appraisers and Collectors Should Know
The LA Chapter of ASA is proud to host this special event featuring: Debra Burchett-Lere, Acting President and Director of The Sam Francis Foundation and Christine Steiner, Art Attorney at Sheppard Mullin Richter & Hampton LLP.
A number of panels, organized by IFAR (International Foundation for Art Research), Christie’s, and the Catalogue Raisonné Scholars Association, have been held in recent months pertaining to the issues involving artists’ foundations, authentication, the legal environment, lawsuits, artists’ catalogues raisonnés, and the impact on the art market. The distinguished speakers, from both the art and legal worlds, will continue the dialogue.Continue Reading Authentication and the Art Market: What Appraisers and Collectors Should Know
Fashion Designers: Legally Naked?
By Tyler Baker and Christine Steiner
With New York’s Fashion Week upon us, the time is appropriate to examine the intellectual property protections available to some of the most prominent artists in popular culture: fashion designers. No one would seriously question the great artistic talents of many designers. Their imaginative, inventive, and daring creations and their lasting legacies have pushed artistic limits of the fashion world for decades. And yet, despite being undoubtedly artists in their craft, fashion designers do not enjoy the same protection in their work under current U.S. intellectual property laws that their artistic peers enjoy in the worlds of visual arts, film, music and dance.Continue Reading Fashion Designers: Legally Naked?
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:
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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 New York (“S.D.N.Y.”) regarding a purported Jackson Pollock work underscores the importance of the catalogue raisonné in pre-purchase due diligence, and shows that omission from the catalogue could be potentially disastrous to the value of a work. See Lagrange v. Knoedler Gallery, LLC, 11-cv-8757 (S.D.N.Y.) (filed Dec. 1, 2011). Continue Reading Cherchez les Catalogues Raisonnés
Art Lawyer Christine Steiner Joins the Practice
Christine Steiner joins us from her private practice, having previously served as secretary and general counsel of the J. Paul Getty Trust and the assistant general counsel of the Smithsonian Institution.
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Join us for The Business of Art: A Forecast for 2011 – Tuesday, March 8, 2011
In the age of skyrocketing auction prices, the explosion of global art fairs, and increased digitization from iPad masterpieces to the Google Art Project, how are artists, galleries, and cultural institutions around the world adapting to recent trends? Gain insights on how the boundaries of law and conventions of business shape the arts in 2011. Take this opportunity to learn about licensing, digital innovation, and sponsorship in the profit and non-profit arts landscapes with a round table of Los Angeles thought-leaders. Join USC Art Law Society and Sheppard Mullin Richter and Hampton LLP, for a dynamic dialogue on the Business of Art for 2011.
Continue Reading Join us for The Business of Art: A Forecast for 2011 – Tuesday, March 8, 2011