The following are summaries of news reports pertaining to art law and art markets, organized by geographic regions for your browsing convenience. Wilson Elser's Art Law practice team will transition this service to our new Art Law Blog, due to launch in the near future.
UNITED STATES
Andy Warhol Foundation Wins Copyright Lawsuit Over
Prince Portrait
Photographer Lynn Goldsmith sued the Andy Warhol Foundation alleging that Warhol unlawfully used her photograph of Prince in a series of 1984 silkscreen works. Vanity Fair originally licensed the photograph in question in 1984 and commissioned Warhol to create an illustration for an article about Prince. Warhol then went on to create 16 more works based on Goldsmith's photograph. Goldsmith claims that she only found out about the silkscreens in 2016 when Vanity Fair republished the article in the aftermath of Prince's death. Judge John G. Koeltl of the Southern District of New York ruled in favor of the Warhol Foundation, holding that Warhol's work constituted fair use of Goldsmith's Prince photograph. Judge Koeltl noted that Warhol transformed Goldsmith's photograph of "a vulnerable, uncomfortable person" into an "iconic, larger-than-life figure." The silkscreens are "immediately recognizable as a 'Warhol' rather than as a photograph of Prince − in the same way that Warhol's famous representations of Marilyn Monroe and Mao are recognizable as 'Warhols,' not as realistic photographs." Goldsmith is planning to appeal, calling the case one of "David versus Goliath."
- Artnet: The Andy Warhol Foundation Has Won Out Against a Photographer Who Claimed the Pop Artist Pilfered Her Portrait of Prince
- ArtNews: Andy Warhol's Prince Portraits Are 'Fair Use' of Lynn Goldsmith Photo, Federal Judge Rules
- AP News: Judge: Andy Warhol didn't violate Prince picture copyright
Where Are All of Bob Ross's
Paintings?
Bob Ross created approximately 1,143 paintings during his PBS show
"The Joy of Painting" and created nearly 30,000 paintings
during his lifetime. However, there are very few of his works
available on the market. The New York Times conducted an
investigation to track down the missing paintings and discovered
that nearly 1,165 of his paintings are stored in the Bob Ross Inc.
headquarters. The facility is closed to visitors and none of the
paintings is for sale. However, Bob Ross Inc. did donate several
items to the Smithsonian's Natural Museum of American History
earlier this year. Whether more of the works will resurface one day
remains to be seen.
- Smithsonian: New Investigation Answers Pressing Question: Whatever Happened to All of Bob Ross' Paintings?
An 88-year-old collector, Stuart Pivar, has filed a lawsuit against Philadelphia lawyer John McFadden claiming that McFadden tricked him into selling a Constantin Brancusi bronze for only $100,000. Pivar, acting pro se, claims that McFadden convinced him to sell the Brancusi for far less than it is worth, rather than assisting Pivar in a sale of the piece to Christie's or the Philadelphia Museum of Art. McFadden allegedly approached Pivar with a contract of sale, which Pivar signed. Pivar later learned it was a contract selling the piece to McFadden directly for $100,000. Pivar claims that he did not realize the ramifications of the contract or that the sale was final, and is claiming $200 million in damages.
Manhattan District Attorney Presses Criminal Charges
Against Subhash Kapoor
The Manhattan District Attorney charged Subhash Kapoor, a dealer in
Indian art, and seven co-conspirators with 86 criminal counts
arising out of Kapoor's alleged operation of a $145 million
smuggling ring. It is claimed that Kapoor's illicit activity
spanned 30 years and involved thousands of looted antiquities. In
2012, authorities reportedly seized $100 million worth of allegedly
stolen artwork from Kapoor's storage facilities. Kapoor is
presently on trial in India, where he has been imprisoned for the
past seven years. U.S. officials are requesting Kapoor's
extradition following the completion of his trial in India.
- Artnet: New York Files Charges Against Disgraced Art Dealer Subhash Kapoor in $145 Million Smuggling Ring
- Time: A Former Top Manhattan Art Dealer Has Been Charged in an Antiquities Smuggling Racket
UNESCO Grants Frank Lloyd Wright Buildings World
Heritage Status
UNESCO has designated eight Frank Lloyd Wright buildings in the
United States as World Heritage sites. Among the buildings included
on the list are the Solomon R. Guggenheim Museum, Fallingwater, and
Unity Temple. This is the first time that UNESCO has included
modern American buildings on the list. UNESCO cited Wright's
"organic architecture" as well as his groundbreaking use
of materials, including steel and concrete, as reasons why UNESCO
included the buildings on the list.
Southern District Renders Decision in Contentious Robert
Indiana Lawsuit
In a 47-page Order, the Southern District of New York dismissed
most of the counterclaims asserted against the Morgan Art
Foundation over the intellectual property of pop artist Robert
Indiana's works, including his famous LOVE and HOPE sculptures.
The lawsuit initially arose in May 2018, one day before
Indiana's death, when the Morgan Art Foundation filed a lawsuit
against Indiana's caretaker, Jamie Thomas, art dealer Michael
McKenzie, McKenzie's company (AIA), and the estate's
attorney, James W. Brannan. The Morgan alleged that McKenzie and
Thomas conspired to produce unauthorized works under Indiana's
name in the style of his LOVE sculpture. AIA counterclaimed that
Morgan underpaid Indiana for the sales of his work. However, the
court allowed one claim to proceed − that the Morgan made
unauthorized reproductions of certain LOVE sculptures in
semi-precious stones. The legal proceedings do not show any sign of
stopping; Thomas also has filed suit in Maine against Indiana's
estate, seeking nearly $2 million to cover the cost of his legal
fees.
- Artnet: Robert Indiana's Longtime Representative Gets the Upper Hand in a Bitter Legal Battle for Control of His Work and Legacy
- Art Newspaper: Robert Indiana latest: New York judge dismisses majority of counterclaims made by artist's estate against Morgan Art Foundation
Neil Armstrong Auction Nets More than $2.4 Million in
Wake of Moon Landing Anniversary
The Armstrong Family collection Space Exploration Signature Auction
has netted $2.4 million so far. The bulk of the proceeds stemmed
from the sale of Armstrong's 14-karat gold piece, which he took
on his trip to the moon. Other items sold at the auction included
an American flag that flew aboard Apollo 11, Armstrong's
personal copy of NASA's "Preliminary Apollo 11 Flight
Plan," his own NASA flight suit, and his 2004 National Award
for Space Achievement trophy. In a space-themed auction week,
Sotheby's also auctioned off 11 items from the personal
collection of Buzz Aldrin. The Metropolitan Museum of Art also is
hosting an exhibition entitled, "Apollo's Muse: The Moon
in the Age of Photography." The exhibit displays a variety of
visual media depicting the moon and space exploration.
- Artnews: Neil Armstrong Memorabilia Auction Rakes in Over $2.4 M. Before 50th Anniversary of Moon Landing
Supreme Court to Hear Pirate Ship Copyright
Lawsuit
In the late 1990s, independent producer and director Rick Allen
filmed the salvaging of Blackbeard's flagship, Queen
Anne's Revenge, in Beaufort, North Carolina. North
Carolina state officials have since posted five of the videos and
one still photograph on its tourism website and on its social media
pages. In 2015, Allen sued North Carolina's governor and other
state officials alleging copyright infringement and failure to
compensate him for his work. The same year, the state enacted new
legislation, which treated all photographs, video recordings, and
other documentary materials that depict a shipwreck and its
contents as part of the public record. North Carolina further
claimed that the state was immune from Allen's lawsuit and
other lawsuits regarding such images pursuant to the Eleventh
Amendment of the U.S. Constitution, under the doctrine of sovereign
immunity. Allen prevailed in the district court, but the decision
was reversed at the appellate level earlier this year. This matter
is now to be argued before the U.S. Supreme Court this fall, along
with two other suits regarding copyright infringement and sovereign
immunity.
- Art Newspaper: Artist's copyright infringement suit heads to U.S.
- National Law Journal: Blackbeard's Pirate Ship Called Upon to Help Supreme Court Explore Abandoned Copyright Law
Famed Art Historian Douglas Crimp Dies at Age
74
Long-time Art History professor at the University of Rochester,
Douglas Crimp, passed away on July 5, 2019. Crimp gained notoriety
in 1977 through his essay entitled "Pictures," which
accompanied an exhibition of the same name at Artists Space in New
York. Crimp's "Pictures" analyzed the effect that an
image has once it is released into the world, focusing on the works
of Troy Brauntuch, Jack Goldstein, Sherrie Levine, Robert Longo,
Philip Smith, and later Cindy Sherman. Crimp would later explore
the role of the museum in placing art forms into the realms of art
history and wrote prolifically on the AIDS epidemic and queer
theory.
- ArtNews: Douglas Crimp, Trailblazing Art Historian Who Merged Politics and Philosophy, Dies at 74
- Artnet: Douglas Crimp, the 'Pictures' Curator Who Defined a Generation of Innovative Artists, Has Died at Age 74
EUROPE
Grave of Could-Be Asterix Found in West
Sussex
The grave of a Gallic warrior who may have fought Julius Caesar was
discovered on a West Sussex building site. The grave was originally
discovered during the excavations for a Berkeley Homes housing
development in North Bersted in 2008. However, it took
archaeologists years to properly conserve and prepare the artifacts
for public display. The discovery will go on display at
Chichester's Novium Museum in January 2020. Archaeologists have
described the display as "the most elaborately equipped
warrior grave ever found in England," and believe that the
warrior may have been a refugee French Gallic fighter who fled
Julius Caesar as he conquered continental Europe in 50 BC, just
like the real-life Asterix.
- The Telegraph: Grave of 'real-life Asterix' who fought Caesar found amid trove of weapons and possessions in West Sussex
France Retracts from Repatriation
Recommendations
The French cultural minister, Franck Riester, backtracked from a
report recommending that French museums automatically restitute
objects seized from African nations. At a recent conference
attended by nearly 200 archaeologists, anthropologists and
historians from Europe and Africa, Riester stated that France would
examine all requests presented by African nations, but requested
that they not "focus on the sole issue of restitution."
Despite the conservative statements, Riester indicated that France
is currently working with Benin on the restitution of 26 items
claimed to have been looted in a military raid in 1892 −
however parliament has not set a date to discuss the move.
- The Art Newspaper: France retreats from report recommending automatic restitutions of looted African artefacts
Mondrian Heirs Seek Restitution of Paintings from
Germany
The heirs of Piet Mondrian are seeking restitution of four
paintings that they claim were lent to the German city of Krefeld
more than 90 years ago. The heirs attest that Mondrian initially
lent at least eight works to Krefeld's Kaiser Wilhelm Museum
for an exhibition that never took place. The works then remained at
the museum when Mondrian fled Europe during World War II until the
museum's postwar director sold four of the pieces in the early
1950s. The city has rebutted the claim, stating that it is the
rightful owner and that the paintings came into the museum's
possession legally as a gift from Mondrian. Although the heirs'
claims are time-barred under German law, their lawyers note that
the heirs could very well file a lawsuit in the United States to
overcome the German statute of limitations.
- N.Y. Times: German City Rejects Claim for Mondrian Paintings by Artist's Heirs
- Artsy: Piet Mondrian's heirs called on a German city to restitute four of his paintings
Disagreements Grow Over Reconstruction Plans for Notre
Dame
Members of the French Parliament passed a bill that will provide
oversight for the nearly $954 million in donations pledged for the
restoration of the Notre Dame cathedral. French President Emmanuel
Macron attested that the Notre Dame renovations should be completed
in five years, however many believe that this time frame is too
short. The bill's passage was delayed due to disagreements from
members of parliament who believed that the government is rushing
the reconstruction in anticipation of the 2024 Paris Olympic Games.
Meanwhile, the French cultural minister claims that the
"hurry" is due to the fact that there is still a risk of
collapse in some areas of the iconic cathedral.
Zwirner to Open Paris Gallery in the Wake of
Brexit
The famed art dealer David Zwirner is scheduled to open a gallery
this fall in the center of the Paris gallery district. Although
this will be Zwirner's sixth gallery worldwide, it is his first
space in continental Europe. The choice for the gallery's
location is largely the result of Brexit's effect on the London
art market. Zwirner claimed that his London outpost will now be
labeled a "British" gallery, while the Paris gallery will
be "European." Zwirner also stated that many of his
artists have informed him that they would like to show their work
in continental Europe, post-Brexit, which further motivated him to
expand in Paris. The gallery is scheduled to open on October 16,
2019, with an exhibition of U.S. artist Raymond Pettibon.
AFRICA
Egypt to Sue Christie's Over King Tut Statue Sold
for $6 Million
Egypt is planning to sue Christie's in London seeking the
repatriation of an 11-inch tall, brown quartzite head of King
Tutankhamen. Christie's sold the nearly 3,000-year-old artifact
earlier this month for almost $6 million despite protests and
previous repatriation requests from Egypt. Egypt believes the
sculpture was stolen from the Karnak Temple in the 1970s. The
current owner, the Resandro Collection, acquired the sculpture from
art dealer Heinz Herzer in 1985. Herzer has been linked to at least
one other instance of alleged antiquities looting.
ASIA
Pace Beijing Gallery Closes Due to Tariff
Hikes
After only a decade of operations in Beijing's 798 art
district, the Pace Gallery has closed citing the ongoing trade war
between the United States and China as well as Xi Jinping's
duty on American art entering China. The Chinese art market has
undergone a transformation in the past decade as Hong Kong now
functions as the main market hub. According to the gallery's
founder, Arne Glimcher, since Xi Jinping came to power, individuals
are hesitant to display their wealth, mainland Chinese are not
buying in China, and many simply purchase from dealers in Hong
Kong. For the time being, the Pace gallery will keep an office and
viewing room in Beijing and may expand the gallery's presence
in Hong Kong, where it already has two spaces.
- Art Newspaper: US-China trade war proves the 'last straw' for Pace Beijing
- Artnet: Pace Has Closed Its Beijing Branch Amid Escalating US-China Tensions. Will Other Western Art Galleries Follow Suit?
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