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 commissioned work of art.Continue Reading Public Art Programs: 1% for the 99% – Part Three
Sheppard Mullin
Public Art Programs: 1% for the 99% – Part Two
As we described in our previous post, percent-for-art programs are successful and popular. However, because there are few common norms in the field or understandings regarding implementation of program initiatives, the importance of thorough negotiations and carefully constructed contracts cannot be overstated.Continue Reading Public Art Programs: 1% for the 99% – Part Two
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 as their “responsibility”.Continue Reading Public Art Programs: 1% for the 99% – Part One
Art Fortresses Hold Taxes at Bay
The prices fetched by famous artworks continue to astound industry-watchers. In spring 2012, Edvard Munch’s The Scream set the record for a work sold at auction—$120 million. Sales of contemporary and modern art have also been setting records. As the value of famous works climb, many collectors are motivated to warehouse their collections while they appreciate in value. The location of the chosen warehouse can also help reduce the taxes owed on such collections.Continue Reading Art Fortresses Hold Taxes at Bay
Tax Bill Lands on Illegal Eagle
An artistic work’s beauty may be in the eye of the beholder, but its valuation for taxation purposes is in the eye of the Internal Revenue Service. Recently, one of Robert Rauschenberg’s works captured attention for an uncommon tax and art valuation imbroglio surrounding the combine, Canyon. The IRS claims the work is worth $65 million and that the owners of the work owe $40 million in estate taxes for the work, despite having received three expert appraisals that held the work to be valueless.Continue Reading Tax Bill Lands on Illegal Eagle
Lend Us Your Ears: Museums Implore Senate
By Kathryn Hines and Manuel Gomez
This year, visitors to the Metropolitan Museum of Art were able to view Rembrandt’s Portrait of the Artist (ca. 1665), on loan from the Kenwood House in North London and in the United States for the very first time. Also this year, visitors to the Philadelphia Museum of Art experienced Van Gogh Up Close, an exhibition featuring some of the artist’s most innovative paintings, on loan from private collectors and museums worldwide, including the Van Gogh Museum in Amsterdam, the Centraal Museum in Utrecht, and the Hague. And, on the west coast from July 3 to September 23, 2012, visitors to the J. Paul Getty Museum will have the opportunity to see Gustav Klimt: The Magic of Line, the first retrospective fully dedicated to the drawings of the popular modern artist, on loan mostly from the Albertina in Vienna.Continue Reading Lend Us Your Ears: Museums Implore Senate
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
The Studious Studio – Business Practices for Artists
The recent troubles of Knoedler Gallery, now airing in the press and later, presumably, in the courtroom, may shed some light on certain art world concerns – due diligence, gallery sale practices, sophisticated fakes/forgeries, and problems with authenticity in the market. This piece discusses the importance of carefully managing the business of artistic production. These considerations include strict inventory lists, transaction history, image and information database management, responsible studio control, and good artistic practices in general.Continue Reading The Studious Studio – Business Practices for Artists
My Fellow Californians – Our Long National Nightmare is Over
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 its thirty-plus lifetime. It seemed more honored in the breach than the observance. Recent awareness of the resale royalty obligation, though, has caused confusion and consternation for California sellers, for California artists and for the art trade nationwide. Some have, in fact, described it as a nightmare. As of late last week, the nightmare may be over.Continue Reading My Fellow Californians – Our Long National Nightmare is Over
A Murality Play
By Valentina Shenderovich and Christine Steiner
Public wall murals have been the subject of much attention recently. Legislators for Los Angeles, considered the “mural capital of the world”, are reviewing a proposed city ordinance to preserve vintage art murals and to repeal an existing ban on private murals (enacted as an overzealous attempt to stem graffiti). Wall murals are the focus of attention in other cities as well. Murals are visible and public “public art”, presenting social, political and aesthetic ideas in and on everyday media.Continue Reading A Murality Play