The Art Law Podcast

Steve and Katie speak with Swiss art lawyer Anne Laure Bandle about the subject of her book “The Sale of Misattributed Artworks and Antiques at Auction” - the problem of “sleepers,” or misattributed and undervalued works of art sold at auction. We all dream of buying a painting at a yard sale that we later discover to be worth millions of dollars. On this podcast, we discuss the market incentives and structures that prevent discovery of sleepers.   Notes for this episode: https://artlawpodcast.com/2025/04/24/the-problem-of-sleepers/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Steve and Katie welcome back Professor Amy Adler to discuss the First Amendment's free speech protections as they apply to artistic expression in the context of several recent incidents. Specifically, they discuss the police seizure of certain Sally Mann photographs from the Modern Art Museum of Fort Worth in the context of obscenity and child pornography laws, the removal of the For Freedoms billboard depicting the march on Selma in Montgomery, Alabama, and the lawsuit about the Nirvana “Nevermind” album cover depicting a naked baby.   Notes for this episode: https://artlawpodcast.com/2025/03/25/updates-on-art-free-speech-and-government-censorship/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Katie and Steve speak with renowned German art lawyer Dr. Katharina Garbers-von Boehm about the law of title in Germany as it applies to art, including the concepts of good and bad faith in considering ownership, the legal primacy of possession, and the doctrine of adverse possession that allows possessors of stolen property, like Nazi-looted art, to take good title after a certain number of years. They discuss differences under U.S. law, particularly with respect to stolen property, soft laws that encourage voluntary actions that the law may foreclose, and recent German law developments surrounding Nazi-looted art.   Notes for this episode: https://artlawpodcast.com/2025/02/21/the-law-of-stolen-art-in-germany/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Katie and Steve speak with their colleague Eden Burgess and guest Dr. Ndubuisi C. Ezeluomba, Curator of African Art at the Virginia Museum of Fine Art and an expert in Benin Bronzes, about the artistic history of Benin City in current day Nigeria, the fate of the Benin Bronzes that dispersed around the world after the British invasion and looting of Benin Kingdom in 1897, and how we should think about ownership and possession of these valuable objects today.   Notes for this episode: https://artlawpodcast.com/2025/01/13/who-should-control-the-benin-bronzes/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Steve and Katie speak with former SCH colleague Rebecca Fine, now CEO of Athena Art Finance, about her career, how art finance is structured and diligenced, who art finance is for, and the risks that Athena and other lenders try to mitigate.   Notes for this episode: https://artlawpodcast.com/2024/11/18/the-ins-and-outs-of-art-finance/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Katie and Steve speak with preeminent art advisor Megan Fox Kelly about the proliferation of resale restrictions in art transactions, what problems they seek to address, who they purport to help, how effective they are, and the legal issues they raise. They discuss the overlapping cultural, social, and legal aspects of these contractual terms.   Notes for this episode: https://artlawpodcast.com/2024/10/08/enforceability-and-effectiveness-of-art-market-resale-restrictions/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Steve and Katie speak with two preeminent French art lawyers, Anne-Sophie Nardon and Olivier de Baecque, about disputes surrounding the authenticity of art and how French and US courts get involved in these disputes. Because many of the world's greatest artists made their home in France, many of the experts on these artists and their work are in France, and French courts have long adjudicated disputes about the accuracy of opinions made by experts regarding authenticity.   Notes for this episode: https://artlawpodcast.com/2024/09/09/france-v-usa-legal-remedies-for-authentication-disputes/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Steve and Katie speak with two preeminent French art lawyers, Anne-Sophie Nardon and Olivier de Baecque, about disputes surrounding the authenticity of art and how French and US courts get involved in these disputes. Because many of the world's greatest artists made their home in France, many of the experts on these artists and their work are in France, and French courts have long adjudicated disputes about the accuracy of opinions made by experts regarding authenticity.   Notes for this episode: https://artlawpodcast.com/2024/09/09/france-v-usa-legal-remedies-for-authentication-disputes/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Steve and Katie discuss several art law topics in this end-of-season episode. They talk about internal thefts at the British Museum, the ongoing Victorious Youth litigation between Italy and the Getty Trust, the Damien Hirst backdating scandals, the litigation between the Manhattan DA and the Art Institute of Chicago, and the recent litigation between the Donald Judd Foundation and Kim Kardashian. End-of-season message from Steve and Katie: Thank you to all of our listeners for your support, and we look forward to bringing you season 8 in September!   Notes for this episode: https://artlawpodcast.com/2024/07/09/season-end-art-law-roundup/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Steve and Katie speak with Italian lawyer Giuseppe Calabi and art historian Sharon Hecker about Italy's cultural patrimony laws granting state institutions control over the use of images of cultural property long in the public domain. They discuss the legal, ethical, and practical issues with such laws and their specific application to uses of the Vitruvian Man by Leonardo da Vinci located at the Gallerie dell'Accademia in Venice and the statue of David by Michelangelo located at the Gallerie dell'Accademia in Florence.   Notes for this episode: https://artlawpodcast.com/2024/06/03/italys-expansive-control-over-cultural-heritage/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Steve and Katie talk with their colleague, Tom Kline, about the Nazi's program of remaking European culture, the enormous theft and displacement of art that occurred as part of that program, and the efforts of the heirs of Jews displaced during World War II to reclaim art and cultural property. The discussion focuses on the Washington Principles, the updated best practices issued upon their 25th anniversary, and how claims for restitution have changed over this time.   Notes for this episode: https://artlawpodcast.com/2024/05/13/the-25th-anniversary-of-the-washington-conference-principles-and-where-we-are-on-nazi-looted-art/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve speak with colleague Eden Burgess about the Native American Graves Protection and Repatriation Act (NAGPRA), its history, purpose, and requirements to repatriate cultural property and human remains to Native American tribes and Native Hawaiian Organizations, as well as new regulations that are leading major museums to remove or close exhibitions of Native American and Hawaiian objects while taking action to implement NAGPRA in consultation with tribes that have ownership claims.   Notes for this episode: https://artlawpodcast.com/2024/04/02/the-native-american-graves-protection-and-repatriation-act-gets-some-teeth/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve take a deep dive into the history and current status of the Parthenon Marbles with Alexander Herman, director of the Institute of Art and Law in London and author of the recent book The Parthenon Marbles Dispute: Heritage, Law, Politics.   Notes for this episode: https://artlawpodcast.com/2024/03/03/the-parthenon-marbles-dispute/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve discuss three recent litigation updates. They discuss the outcome of the trial in the case brought by Dmitry Rybolovlev against Sotheby's for aiding in the alleged fraud of Yves Bouvier, the most recent Richard Prince fair use copyright infringement cases brought by two photographers, and the Ninth Circuit decision applying Spanish law to deny return of a Pissarro painting to the family of Lily Cassirer, whose property was looted by the Nazis and is currently located in a Spanish museum.   Notes for this episode: http://artlawpodcast.com/2024/02/05/art-law-litigation-updates-fraud-fair-use-and-nazi-looting/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Steve and Katie take a look at the many developments around generative AI and fine art, including debates and litigation on copyrightability and infringement as well as the policy concerns surrounding increased use of generative AI to create artworks.   Notes for this episode: http://artlawpodcast.com/2024/01/09/2023-ai-and-art-wrap-up/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve talk with renowned art lawyer Pierre Valentin about the EU's new and striking import regulations on cultural goods, including fine art and cultural property, that prohibit the import of applicable items not created in the EU into the EU if they cannot be shown to have been legally exported from their countries of origin. We discuss the impetus for these regulations, the problem with discerning ownership and export history of cultural property, and the key problems with the new regulation's successful implementation and enforcement.   Notes for this episode: http://artlawpodcast.com/2023/12/06/new-hurdles-to-importing-art-in-the-eu/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Steve and Katie talk with their colleague Tom Kline about his client, the Massachusetts Charitable Mechanic Association (MCMA), and its decades-long quest to reclaim the dramatic marble statue The Wounded Indian by Peter Stephenson, modeled after the Roman sculpture The Dying Gaul. MCMA was founded by Paul Revere in 1795 and was gifted the statue in 1893. After vacating its storied headquarters in 1958, MCMA was told the statute had been destroyed. Only in 2023 did it get the statue back.   Notes for this episode: http://artlawpodcast.com/2023/11/07/returning-the-wounded-indian-statue-to-massachusetts/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Steve and Katie speak with Dr. Carina Popovici, CEO and Founder of Art Recognition, an art and technology startup that uses AI systems to evaluation the authenticity of artworks. They discuss the problems with authentication in the traditional art market and the promise and limitations of AI in solving these problems along with some real-world examples.   Notes for this episode: http://artlawpodcast.com/2023/09/06/ what-can-artificial-intelligence-offer-art-authentication/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve speak with WIPO economists Alexander Cuntz and Matthias Sahli about their recent article, Intermediary liability and trade in follow-on innovation, published in the Journal of Cultural Economics in February 2023. Their research looks at how intermediaries in the art market altered their behavior after the Second Circuit's decision in Cariou v. Prince, which was seen as greatly expanding permissible fair use in appropriation art. THIS PODCAST WAS RECORDED BEFORE THE SUPREME COURT'S DECISION IN THE WARHOL CASE, WHICH PULLED BACK ON THE TRANSFORMATIVE USE ANALYSIS FOR COPYRIGHT FAIR USE.   Notes for this episode: http://artlawpodcast.com/2023/07/05/do-market-players-react-to-court-decisions-impacting-art/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve talk to Philippa Loengard, copyright expert and Director of the Kernochan Center for Law, Media and the Arts at Columbia Law School, about the much-anticipated Supreme Court decision in Andy Warhol Foundation v. Goldsmith, which resets and limits the applicability of “transformative” fair use as an exception to copyright infringement.   Notes for this episode: http://artlawpodcast.com/2023/06/05/scotus-says-warhol-not-so-fast-the-limitations-of-transformative-use/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve talk to attorney Emily Poler, founder of Poler Legal, about the recent lawsuit between the iconic French fashion house Hermès and an NFT creator, Mason Rothschild, over Rothschild's “MetaBirkin” NFTs. Hermès claimed that Rothschild infringed Hermès' trademark in the name “Birkin.” Hermès prevailed on this claim (and others) in a jury trial earlier this year. Katie, Steve, and Emily discuss the contours of this lawsuit and the reach of trademark law to police fashion brands, copyright's limitations, and trademark law's applicability to artistic expression, especially in the context of NFTs.   Notes for this episode: http://artlawpodcast.com/2023/04/04/fashion-nfts-and-artistic-expression/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Steve and Katie speak with Amy Whitaker about her new book with Nora Burnett Abrams The Story of NFTs: Artists, Technology and Democracy. Amy describes her vision for the promise of NFTs for artists and a more equitable art market and discusses the democratic incentives NFTs create in this world. They discuss NFTs in the context of the current moment of uncertainty around the future of cryptocurrency, the blockchain, and the value of NFTs in general and the potential problems and limitations of NFTs within the fine art ecosystem. The Story of NFTs: Artists, Technology, and Democracy Notes for this episode: http://artlawpodcast.com/2023/03/01/the-promise-of-nfts-for-artists-and-the-art-market/ Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve talk to Spanish art lawyer and scholar, Patricia Fernández, about the history of thousands of artwork seizures during the Spanish Civil War and the Spanish government's actions with respect to these artworks since then through today.

Steve and Katie speak with appellate litigator David Barrett about the story animating a recent Supreme Court case between the heirs of Lilly Cassirer, who fled Germany in 1939 after surrendering the painting Rue Saint-Honoré Après-midi, Effet de Pluie (Rue Saint-Honoré in the Afternoon, Effect of Rain) by Camille Pissarro to the Nazis, and the Spanish Museum known as the Thyssen-Bornemisza Collection. They discuss the journey of the painting in and out of the United States over a 60-plus-year period before it found its way into the collection of a Spanish museum, the Cassirer family's efforts to find and reclaim the painting, and the decades-long litigation in California that led to the recent Supreme Court decision overturning a decision of the 9th Circuit applying the Spanish law of adverse possession in favor of the Spanish Museum.

Katie and Steve discuss some recent art museum-related legal(ish) developments, including New York's new legislation requiring labeling of Nazi-looted art, the AAMD's long-awaited changes to its deaccessioning policy, and an unusual gift/sale of part of MoMA's collection.

To open Season 6, Katie and Steve discuss the shocking arrest of Jean-Luc Martinez, director of the Louvre in Paris from 2013 to 2021, related to his involvement in the alleged trafficking of antiquities for the Louvre Abu Dhabi with French criminal lawyer Sarah Arpagaus. They discuss cultural property crimes more broadly and take a detour into the world of French criminal law and its striking difference with the system here in the US.

Steve and Katie speak to anti-money laundering and sanctions expert Paula Trommel of Corinth Consulting about Russian sanctions and their impact on the art market in the short and long term.

Katie and Steve speak with Evan Beard, currently Executive Vice President at Masterworks, about fractional ownership of art and new art securitization trends and initiatives, who the issuers and investors in this space are, and what they can achieve through these alternative investment structures.

Steve and Katie give a brief update on New York City's recent repeal of its regulations governing auctioneers and auction practices. These regulations provided consumer protections by enforcing a measure of transparency into the auction process, such as requiring auctioneers to publicly disclose when they had a financial stake in an object being sold. Interestingly, major stakeholders appeared surprised by the repeal, which they had not requested and seemed indifferent about.

Susan Mumford and Chris King, co-founders of ArtAML, return to the Podcast and talk with Steve about the recent release by the Financial Crimes Enforcement Network ("FinCEN") of its “Study of the Facilitation of Money Laundering and the Financing of Terrorism through the Trade in Works of Art." To the surprise of Steve and his guests, FinCEN concluded that there is limited evidence of money laundering and little risk of terror financing through the sale of high value art. The discussion focuses on the findings of the study, and its implications, particularly when compared with the existing AML regulations covering the art market in the UK and the EU. (Susan and Chris discussed these requirements with Katie and Steve on the November 1, 2021 episode entitled: “How Anti-Money Laundering Regulations are Hitting the Art Market in the United Kingdom and What Participants Can Do to Comply.”)  Recorded just days after Russian troops invaded Ukraine, the conversation turned to the impact that sanctions against Russia and its oligarchs are likely to have on the high-value art market, and what art market participants must do to not run afoul of these sanctions. 

With Katie on a parental leave, Steve speaks with Herrick Feinstein's Victor Rocco about his firm's representation of the Republic of Turkey in litigation brought by Turkey to possess a millennia-old Anatolian marble statue (the Stargazer) owned by Michael Steinhardt and sold by him through Christie's. (We previously had counsel for Christie's and Steinhardt on the podcast.)  After a trial in the Southern District of New York, Turkey lost for the primary reason that they could not provide facts supporting their claim to ownership of the Stargazer, specifically that it was stolen from modern day Turkey after 1906. Turkey has appealed that decision, and Victor and Steve discuss the trial and Turkey's arguments on appeal.

In a re-release of last June's episode, Katie and Steve speak (again) with digital art and NFT enthusiast Jason Bailey about the sudden rise of NFTs in the art world, what they really are, why they have value, and who is interested in them and why.

Katie and Steve speak with veteran cultural property and art lawyer, Tom Kline, about his representation of Christie's and Michael Steinhardt in litigation brought by Turkey to possess a millennia-old Anatolian marble statue (the Stargazer) owned by Steinhardt and sold by him through Christie's. After a trial in the Southern District of New York, Turkey lost for the primary reason that they could not provide facts supporting their claim to ownership of the Stargazer, specifically that it was stolen from modern day Turkey after 1906.

Steve and Katie talk to Susan Mumford and Chris King, co-founders of ArtAML, about the recent roll out of AML regulations covering art market participants in the United Kingdom, who is implicated, how they can comply, and what this means for art businesses and the culture of secrecy in the art market generally. The requirement to determine and seek documentation of the ultimate beneficial owner on each end of the transaction is something financial institutions have long done, but not art dealers. ArtAML is an online platform designed to help art market participants comply with their legal obligations of due diligence and documentation. This conversation is of particular interest to those in the United States as the United Kingdom is the second largest art market outside the United States, and we expect AML regulations to roll out to the art market in the United States soon.

Katie and Steve speak (again) with digital art and NFT enthusiast Jason Bailey about the sudden rise of NFTs in the art world, what they really are, why they have value, and who is interested in them and why.

Katie and Steve finally tackle the evolving area of fair use as a defense to copyright infringement with Luke Nikas, attorney for the Andy Warhol Foundation and Partner at Quinn Emanuel. Luke represents the Foundation in its ongoing litigation with photographer Lynn Goldsmith about Warhol’s use of Goldsmith’s photograph of the artist Prince as an artist study for a series of screen prints. Goldsmith claims Warhol infringed her copyright in the original photograph. The Warhol Foundation says Warhol’s use of the photograph is fair use under the Copyright Act. The trial court agreed with the Warhol Foundation and the Second Circuit recently agreed with Goldsmith. Katie, Steve, and Luke discuss this complicated area of law and how artists navigate (or don’t) around it.

Steve and Katie speak with legal scholar Mira Sundara Rajan regarding the international landscape for artist moral rights protections, including the adoption of moral rights laws in the developing world, common law versus civil law jurisdictions, and the connection between moral rights and cultural heritage concerns. Steve, Katie, and Mira dive into two case studies: the Indian case Amar Nath Sehgal v. Union of India (2005) involving government removal of and damage to famous murals from a government building and the more recent controversy surrounding the removal of the Picasso stone murals on the Y-Block government buildings in Oslo, Norway.

Steve and Katie speak with British art lawyer and General Counsel of Phillips auction house Martin Wilson about European anti-money laundering regulations applicable to art market participants and their recent implementation in the UK. Generally, these regulations require art dealers, galleries, and auction houses to register with the government and undertake due diligence on every art transaction over a certain threshold amount, including with respect to the identity of all ultimate beneficial owners of the transacting parties. Steve, Katie, and Martin discuss the practicalities of compliance, the general secrecy of the art market and the reasoning behind such regulations, and Martin’s recently published book, Art Law and the Business of Art. Steve and Katie also discuss the anti-money laundering regulatory environment in the United States as it applies to the art market and what may be just around the corner.

Steve and Katie end 2020 with a few updates on past podcast episode topics, including 5Pointz and moral rights litigation, the Painted Bride mosaic mural battle, deaccessioning in Baltimore, and pandemic related litigation. We look forward to many more interesting topics in 2021! Resources: https://news.artnet.com/art-world/5pointz-additional-2m-attorney-fees-1927310 https://www.inquirer.com/arts/isaiah-zagar-murals-philadelphia-painted-bride-court-case-20201022.html https://whyy.org/articles/isaiah-zagars-painted-bride-mosaic-could-survive-in-new-plan-for-old-city-site/ https://www.theartnewspaper.com/news/aamd-sends-a-warning-note-to-museum-directors-on-deaccessioning https://www.artnews.com/art-news/news/baltimore-museum-of-art-deaccession-called-off-sothebys-1234575295/ https://www.latimes.com/entertainment-arts/story/2020-10-29/baltimore-museum-art-deaccession-sale-warhol-marden https://www.nytimes.com/2020/10/30/arts/design/baltimore-museum-brooklyn-art-auction-sothebys.html https://www.washingtonpost.com/entertainment/museums/baltimore-museum-warhol-sale/2020/12/04/1643859e-3317-11eb-8d38-6aea1adb3839_story.html https://www.latimes.com/entertainment-arts/story/2020-12-29/deaccession-museum-art-auctions-2020

Steve and Katie discuss the recent deaccessioning controversies at the Brooklyn Museum, Baltimore Museum of Art, and Everson Museum of Art in light of the ethical guidelines, new AAMD guidance, and the economic and social climate. They also discuss the recent postponement of the Philip Guston retrospective at the National Gallery, Tate Modern, Museum of Fine Arts Houston, and Museum of Fine Arts Boston due to its depiction of white nationalism and the criticisms of that decision. Please note there have been developments on all these topics since our recording, so please see the resources links for up to date information. Resources: AAMD: https://aamd.org/for-the-media/press-release/aamd-board-of-trustees-approves-resolution-to-provide-additional https://www.theartnewspaper.com/news/aamd-sends-a-warning-note-to-museum-directors-on-deaccessioning Brooklyn Museum: https://www.nytimes.com/2020/09/16/arts/design/brooklyn-museum-sale-christies-coronavirus.html https://www.theartnewspaper.com/news/brooklyn-museum-steams-ahead-on-deaccessioning https://www.artforum.com/news/brooklyn-museum-continues-deaccessioning-spree-84242 https://www.artmarketmonitor.com/2020/10/16/brooklyn-museum-to-sell-monet-miro-degas-and-more-at-sothebys-in-second-deaccesioning-round/ Everson Museum of Art: https://www.latimes.com/entertainment-arts/story/2020-09-14/syracuse-museum-jackson-pollock-auction https://www.wsj.com/articles/an-art-museum-sells-its-soul-11600808127 https://www.christies.com/features/Expert-view-Jackson-Pollock-Red-Composition-10893-7.aspx https://www.syracuse.com/entertainment/2020/10/everson-museums-jackson-pollock-painting-sells-for-12-million-at-auction.html https://www.theartnewspaper.com/news/to-mirror-and-support-community-everson-museum-board-chair-defends-deaccessioning-of-a-pollock Baltimore Museum of Art: https://www.nytimes.com/2020/10/02/arts/design/baltimore-museum-deaccessioning.html?smid=tw-nytimesarts&smtyp=cur https://www.artnews.com/art-news/market/baltimore-museum-of-art-deaccessioning-works-sothebys-1234572422/ https://www.theartnewspaper.com/comment/bma-curators-letter-response-to-deaccessioning https://www.artnews.com/art-news/news/baltimore-museum-of-art-deaccession-open-letter-1234574032/ https://www.theartnewspaper.com/news/former-trustees-and-donors-ask-state-to-block-sale-of-three-important-works-by-the-baltimore-museum-of-art https://hyperallergic.com/595171/baltimore-museum-of-art-deaccessions-condemn/?utm_campaign=Daily&utm_content=20201019&utm_medium=email&utm_source=Hyperallergic%20Newsletter https://www.latimes.com/_preview?_cms.db.previewId=00000175-37f8-da10-a57d-b7f976590000&_date= Philip Guston: https://www.artnews.com/art-news/news/philip-guston-postponement-tate-national-gallery-directors-1234572527/ https://docs.google.com/document/d/1LVXTB30hp2oNz1Vm4P8jpXgg4sIieWNbdaqWqffHcN4/edit https://www.washingtonpost.com/entertainment/museums/national-gallery-postponement-guston-show-klan-images/2020/10/07/a35adb32-0831-11eb-a166-dc429b380d10_story.html https://www.newyorker.com/magazine/2020/10/19/philip-guston-and-the-boundaries-of-art-culture https://www.nytimes.com/2020/10/28/arts/design/philip-guston-retrospective-date.html https://www.theartnewspaper.com/news/tate-suspends-senior-curator-over-guston-controversy Additional: https://www.latimes.com/entertainment-arts/story/2020-10-07/palm-springs-art-museum-deaccession-frankenthaler https://www.artnews.com/feature/most-controversial-museum-deaccessioning-plans-1234575019/

Steve and Katie speak with old master art dealer and scholar Robert Simon about his discovery of the painting Salvator Mundi attributed to Leonardo da Vinci and sold by Christie’s in 2017 for almost half a billion dollars. They discuss Simon’s purchase of the painting from an obscure New Orleans auction house, the painting’s painstaking restoration and scholarly review, and what we know and don’t know about its history over the last 500 years.   Resources: https://www.robertsimon.com/leonardos-salvator-mundi https://salvatormundirevisited.com/ https://www.nationalgallery.org.uk/exhibitions/past/leonardo-da-vinci-painter-at-the-court-of-milan https://www.christies.com/lotfinder/Lot/leonardo-da-vinci-1452-1519-salvator-mundi-6110563-details.aspx

We are re-releasing our podcast with journalist and author Ben Lewis in anticipation of our forthcoming discussion with Robert Simon. We talked with Ben in depth about his book, The Last Leonardo: The Secret Lives of the World’s Most Expensive Painting, about the history and ultimate sale by Christie’s auction house in November 2017 for just over $450.3 million of the painting Salvator Mundi attributed to Leonardo Da Vinci. Our next episode with Robert Simon will revisit this story from a different perspective. Resources: https://www.amazon.com/Last-Leonardo-Secret-Expensive-Painting/dp/1984819259 https://www.christies.com/features/Leonardo-and-Post-War-results-New-York-8729-3.aspx https://www.theguardian.com/books/2019/apr/17/last-leonardo-secret-lives-worlds-most-expensive-painting-ben-lewis-review https://www.thetimes.co.uk/article/the-last-leonardo-by-ben-lewis-review-is-salvator-mundi-really-worth-450-million-vqvk2gjx5 https://www.nytimes.com/2019/03/30/arts/design/salvator-mundi-louvre-abu-dhabi.html  

Katie and Steve speak with Michael Weinberg, the Executive Director of the Engelberg Center of Innovation Law and Policy at NYU Law School, about 3D digitization of gallery, library, archive and museum (“GLAM”) institution collections, the goals and motivations for such projects, and how digitization implicates (or doesn’t) rightsholders.  They also discuss the open access framework in which these digitization projects occur, the difference between 2D and 3D copying, and the legal and ethical frameworks at play. Resources: https://glam3d.org/ https://www.law.nyu.edu/centers/engelberg https://www.law.nyu.edu/centers/engelberg/team/weinberg https://law.justia.com/cases/federal/district-courts/FSupp2/25/421/2325910/

Katie and Steve speak with Jay Sanders, Executive Director and Chief Curator of Artists Space, a vanguard artist-centered arts nonprofit, founded in 1972 and located in New York City, about the devastating impact of the pandemic shutdown on small arts nonprofits, as well as the inspiration and community being cultivated in this moment of hardship. Resources: https://artistsspace.org/about https://www.americansforthearts.org/by-topic/disaster-preparedness/the-economic-impact-of-coronavirus-on-the-arts-and-culture-sector https://www.artnews.com/art-news/news/arts-organizations-coronavirus-losses-report-1202687488/ https://hyperallergic.com/565254/covid-19-unesco-icom-study/?utm_medium=email&utm_campaign=D052120&utm_content=D052120+CID_5b52f14555a5e4874a6468534c7b8eb5&utm_source=HyperallergicNewsletter&utm_term=13%2520of%2520Museums%2520Worldwide%2520May%2520Close%2520Permanently%2520Due%2520to%2520COVID-19%2520Studies%2520Say

Katie and Steve welcome back to the podcast museum director, art commentator, and art historian Max Anderson to discuss what art museums (now closed) are dealing with during the Covid-19 crisis in terms of mission, funding, audience engagement and an uncertain future.  They discuss structural issues and practices pre-existing the pandemic that put pressure on museums’ stated missions and appeal, as well as potential shifts in focus and priority that may come out of this current moment of reorganization and prioritization. This is the first of several episodes of the Art Law Podcast discussing the impact of the pandemic and its accompanying shut downs on the art world. Resources: http://www.maxwellanderson.com/about http://docplayer.net/15254796-Metrics-of-success-in-art-museums.html   https://aamd.org/our-members/from-the-field/museums-and-covid-19 https://aamd.org/for-the-media/press-release/aamd-board-of-trustees-approves-resolution-to-provide-additional https://www.washingtonpost.com/entertainment/museums/this-is-how-bad-things-are-for-museums-they-now-have-a-green-light-to-sell-off-their-art/2020/04/29/b5492a5e-899e-11ea-8ac1-bfb250876b7a_story.html   https://abcnews.go.com/Business/coronavirus-exposes-vulnerability-nyc-museums-museum-workers/story?id=69957903 https://www.bloomberg.com/news/articles/2020-05-06/the-moma-has-taken-a-chainsaw-to-its-staff-budget-and-exhibitions https://www.theartnewspaper.com/news/whitney-and-new-museum-lay-off-staff-members-as-economic-fallout-continues https://hyperallergic.com/558008/metropolitan-museum-lays-off-81-employees-now-estimates-150m-in-losses/

In this bonus episode, Steve analyzes the recent Second Circuit decision affirming the 2018 decision awarding $6.75 million to the artists of 5Pointz, whose works were whitewashed and torn down by the building’s owner in 2013.  To put this important decision into a broader context, we have re-released our April 2018 episode on 5Pointz, where we discuss the district court case in which the aerosol artists asserted violations of their moral rights under the Visual Artist Rights Act, the U.S. moral rights statute.  In that episode, Steve and Katie discuss the origin and contours of moral rights, how they fit into U.S. copyright law, the story of 5Pointz and the laws around street art and graffiti. They are joined by famous aerosol artist Jonathan Cohen (Meres One), 5Pointz event planner and artist representative Marie Cecile Flageul, and Renee Vara, the artists’ expert in the 5Pointz trial.

This month, we are updating and rereleasing one of our most popular episodes, Art of the Chase: Inside Art Auctions.  In this episode, we take a close look at art auctions – how they work, their place in the art market and the rules and regulations that confine/define them.  Auctions at Sotheby’s and Christie’s now regularly net tens and sometimes hundreds of millions of dollars for a single work.  Christie’s sold Leonardo da Vinci’s Salvator Mundi painting for $450 million in 2017, still, by far, the highest price ever garnered by a piece of art at auction.  At the same time, much about the auction process remains secret.  The identity of the buyer and seller is often known only to the auction house, and the reserve price (below which an artwork will not be sold) is known by the auctioneer but not the bidders.  While the auctioneer may not sell a work of art below its reserve price, it can bid on the work below the reserve to get the auction going.  Steve and Katie discuss these issues and others having to do with regulation, transparency and potential conflicts, and welcome famous Sotheby’s auctioneer Oliver Barker to take us behind the scenes of a big auction. Resources: http://www.sothebys.com/en/specialists/oliver-barker/bio.html https://www.nytimes.com/2013/01/28/arts/design/as-art-market-rise-so-do-questions-of-oversight.html https://www1.nyc.gov/assets/dca/downloads/pdf/about/auctioneer_law_rules.pdf https://www.princeton.edu/ceps/workingpapers/203ashenfelter.pdf https://insight.kellogg.northwestern.edu/article/place_your_bids http://blogs.cornell.edu/info2040/2015/10/15/auction-psychology-emotions-behind-bidding/ https://mindhacks.com/2012/09/19/bbc-column-auction-psychology/ https://www.thecut.com/2016/12/inside-the-mind-of-a-million-dollar-art-bidder.html

Steve and Katie discuss two recent art world controversies involving small, local nonprofits seeking to raise money through asset divestment.  The di Rosa Center for Contemporary Art in Napa Valley is attempting to deaccession most of its permanent collection of Bay Area art works in the face of vocal art world opposition. In Philadelphia, the proposed sale of the Painted Bride Art Center building by the organization’s board, including its one of a kind mosaic mural façade, has raised public protest and legal challenge.  Both entities claim they need funds to continue their mission, while critics say the act of selling off the assets at issue in each case directly undercuts such mission.   Resources:   di Rosa Center for Contemporary Art:   http://www.dirosaart.org/history/ https://datebook.sfchronicle.com/art-exhibits/napas-di-rosa-center-to-sell-most-of-its-fabled-art-collection https://nonprofitquarterly.org/napa-museum-plan-to-deaccession-art-works-raises-art-communitys-ire/ http://www.artnews.com/2019/08/20/dirosa-foundation-open-letter/ http://www.artnews.com/2019/08/28/di-rosa-foundation-deaccessioning-support/ https://www.artforum.com/news/di-rosa-contemporary-art-center-director-responds-to-concerns-over-plan-to-sell-holdings-80550     Painted Bride Litigation:   https://paintedbride.org/about-us/ https://philly.curbed.com/2017/11/28/16709332/painted-bride-building-theater-for-sale https://observer.com/2019/09/philadelphia-painted-bride-art-center-condos/ https://philly.curbed.com/2018/9/14/17861972/painted-bride-building-art-center-old-city-philadelphia https://whyy.org/articles/judge-old-citys-painted-bride-cant-be-sold-for-condos/  

Steve and Katie have a wide ranging conversation with art historian and former lawyer, Joan Kee, about the topic of her new book, Models of Integrity: Art and Law in Post-Sixties America. Their conversation probes artists’ embrace and rejection of legal structures in contemporary America, as well as artistic indifference about and dependence on the law. Resources: https://lsa.umich.edu/histart/people/faculty/jkee.html https://www.amazon.com/Models-Integrity-Art-Post-Sixties-America/dp/0520299388 https://christojeanneclaude.net/artworks/realized-projects http://www.suzannelacy.com/early-works  

CORRECTION: After the recording of this podcast, the San Francisco School Board, in the face of community protest, reconsidered its decision to remove the George Washington murals from George Washington High School and will instead cover them. Against the backdrop of global museums distancing themselves from the Sackler name, two highly controversial Whitney Biennials involving activist calls for the destruction and removal of an artwork and, more recently, calls for the resignation of a Board member who made a fortune building a network of defense equipment companies, and numerous other controversies in the United States about the identity of board members, museum donors and artists, Steve and Katie speak with Max Anderson about controversial board members, donors and works of art.  Max is currently the President of the Souls Grown Deep Foundation and was previously the Director of the Whitney Museum of Art and the Dallas Museum, among other leading museum director roles. About Max Anderson:  http://www.maxwellanderson.com/about Souls Grown Deep Foundation:  http://www.soulsgrowndeep.org/   Resources: https://www.theartnewspaper.com/news/what-price-philanthropy-american-museums-wake-up-to-public-concern https://www.nytimes.com/2019/07/25/arts/whitney-warren-kanders-resigns.html https://int.nyt.com/data/documenthelper/1509-warren-kanders-resignation-whitney/41cf3263664a16cf1a29/optimized/full.pdf#page=1 https://www.nytimes.com/2019/05/15/arts/design/met-museum-sackler-opioids.html https://www.nytimes.com/2019/07/26/arts/design/george-washington-san-francisco-murals.html https://www.nytimes.com/2019/08/21/arts/design/alice-walker-defends-george-washington-murals.html https://www.nytimes.com/2017/09/13/arts/design/walker-art-center-scaffold.html http://www.artnews.com/2018/07/19/following-sam-durant-controversy-walker-art-center-forms-indigenous-public-art-selection-committee/ https://hyperallergic.com/382141/after-protests-from-native-american-community-walker-art-center-will-remove-public-sculpture/  

Steve and Katie talk about and compare two recent Holocaust-era art cases decided in New York, one in state court on summary judgment and one in federal court on a motion to dismiss grounds.  Both cases involve the claims of heirs to recover artwork that left the hands of Jewish owners persecuted by the Nazis, but they otherwise greatly differ. Resources: Reif v. Nagy, Index No. 161799:15 (First Dep’t July 9, 2019) http://artlawpodcast.com/wp-content/uploads/2019/08/Reif-v.-Nagy-Index-No.-16179915-First-Dep’t-July-9-2019.pdf Zuckerman v. The Metropolitan Museum of Art, No. 18-634 (2d Cir. 2019) http://artlawpodcast.com/wp-content/uploads/2019/08/Zuckerman-v.-The-M etropolitan-Museum-of-Art-No.-18-634-2d-Cir.-2019.pdf http://artlawpodcast.com/wp-content/uploads/2019/08/Brief-and-Special-Appendix-for-Plaintiff-Apellant-Dkt.-51-May-25- 2018.pdf http://artlawpodcast.com/wp-content/uploads/2019/08/Brief-for-Defendant-Appellee-Dkt.-102-Jul-20-2018.pdf http://artlawpodcast.com/wp-content/uploads/2019/08/Reply-Brief-for-Plaintiff-Appellant-Dkt.-105-Aug-3-2018.pdf