UNITED STATES
$6.75 Million Award for 5Pointz Aerosol Artists Affirmed
on Appeal
Two years ago, in one of the most important decisions applying the
Visual Artists Rights Act of 1990 (VARA) since its adoption, New
York's Eastern District awarded $6.75 million in statutory
damages to 21 graffiti artists whose aerosol works were
intentionally destroyed by the owner of the buildings on which they
were painted. This decision was covered in detail in our earlier
article.
VARA was enacted to protect the moral rights of artists in their works of visual art as distinguished from the ownership rights in the works. The statute gives artists the right to sue to prevent the destruction of a work of "recognized stature," a term VARA does not define. Additionally, an artist may seek money damages if their work is distorted, mutilated or otherwise modified to the prejudice of the artist's honor or reputation.
On the appeal by the buildings' owner, the Second Circuit Court of Appeals issued a decision stating that temporary artworks such as graffiti, which are frequently painted over by other street artists, can nonetheless have "recognized stature" under VARA. In so holding, the Court of Appeals upheld the monetary award to the artists. The stunning sum is meant to be a deterrent to future VARA violations and a message to building owners to negotiate with artists whose works are incorporated into structures.
Art Exhibitor Sues European Insurers for Seized
Paintings
Global Art Exhibitions Inc. claims that a group of European fine
art insurers owes coverage for 12 paintings attributed to Amedeo
Modigliani and Moïse Kisling that were seized by the Italian
government under claims of forgery. The art exhibitor, which stands
by the authenticity of the artworks, claims that the policies in
question must cover artwork recovery costs.
Collector Sues Princeton University After an Art Sale
Falls Through
New York City−based art collector Vincent Fay is suing
Princeton University for failure to pay the second of two payments
for the purchase of 17 artworks in a $1 million art sale. According
to the complaint, the university raised questions as to the
works' provenance, authenticity and value, but their concerns
were allegedly not "documented or supported by any named
experts."
Street Artists Worldwide Honor Kobe
Bryant
In the wake of the passing of Kobe Bryant and his 13-year-old
daughter in a helicopter accident in January 2020, artists around
the world are creating tribute murals honoring the NBA legend.
New York Conference Will Seek to Help Victims of
Nazi-Era Crimes Recover Stolen Property
Governor Andrew Cuomo of New York announced that an international
conference, hosted by the Department of Financial Services'
Holocaust Claims Processing Office, will be held in May to assist
in the process and promote an understanding of the recovery of
stolen property as a result of Nazi-era crimes. The conference will
include presentations and panel-led discussions between claimant
representatives, lawyers, members of the art trade, professionals
from cultural institutions, provenance researchers, historians and
art historians.
- LootedArt: Conference Aimed at Helping with Recovery of Nazi-Looted Art Seeks 'Common Understanding'
EUROPE
Italy Returns to Germany a Renaissance Statue Sold Under
Nazi Duress
The sculpture of Mary Magdalene by Andrea della Robbia, formerly
part of the collection of the Uffizi Gallery in Italy, was returned
to Germany after provenance research confirmed that it was formerly
owned by a Jewish art dealer who was forced to sell it under duress
by the Nazi regime. The statue was bought by Hermann Göring
and after the Second World War was mistakenly sent to Italy.
- The Art Newspaper: Italy hands Nazi-looted Renaissance sculpture from the Uffizi to Germany
New AML Regulations Cause Confusion at London Art
Fair
As discussed in our previous blog post,
the UK recently introduced new anti−money laundering
compliance obligations for art market participants. At this
year's London Art Fair, dealers expressed confusion as to how
the regulations are to be applied, criticizing the absence of clear
guidelines. The trade, however, did not seem to have been impacted.
It appears that a majority of the criticism of the new regulations
stems from the middle-market galleries, which will feel the
increased costs and administrative burden the most.
- The Art Newspaper: New money laundering regulations cause confusion at London Art Fair
New Lawsuit Filed Against Heiress of Renown German
Art-Collecting Family
An anonymous alleged owner of an Andy Warhol print, Queen
Elizabeth II, filed a complaint in a Munich court against
Angela Gulbenkian, claiming fraudulent art dealing based on an
alleged failure to complete the art sale transaction. In 2018, a
Hong Kong−based art adviser claimed to have paid $1.4 million
to Ms. Gulbenkian for a Yayoi Kusama pumpkin sculpture that was
allegedly never delivered. Both criminal and civil charges are
pending against the heiress in Germany and the UK.
- The Art Newspaper: German socialite Angela Gulbenkian faces second criminal case over Warhol print
- Artnet: High-Flying Art Heiress Angela Gulbenkian Has Been Slapped with a New Lawsuit Claiming She Cheated a Collector Out of an Andy Warhol
French Officials Seize Bronzino in Connection with Old
Masters Forgery Ring
The Saint Cosmas painting, attributed to the famed Italian
Mannerist Agnolo di Cosimo, known as Bronzino, was recently seized
by French customs officials as part of the investigations into the
Old Master Forgery Ring. The seizure occurred while the painting
was on loan from the U.S.-based Alana Collection Masterpieces of
Italian Painting to the Musée Jacquemart-André in
Paris for an exhibition. This work is allegedly linked to French
art dealer Guiliano Ruffini, who is under investigation for selling
dozens of forged Old Masters' paintings. The artwork is
presently barred from export.
SOUTH ASIA
Valuables Seized from Fugitive Billionaire Hit Market in
India
At the request of the government of India, Saffronart.com auction
house will host three auctions featuring artworks, luxury goods and
cars of the fugitive billionaire Nirav Modi. Modi was charged for
his alleged involvement in a $2 billion fraud scheme at India's
state-run bank. The auction will include artworks by famous artists
such as Amrita Sher-Gil, M.F. Husain and V.S. Gaitonde.
- The Economic Times: Nirav Modi's Rolls Royce Ghost, diamond watch, Amrita Sher-Gil painting to go under the hammer
India Seeks Return of a Bronze Statue from the Ashmolean
Museum
The Indian government made a formal request for the return of a
bronze idol of Saint Thirumangai Alvar made in the south Indian
state of Tamil Nadu in the 15th century, after an independent
scholar uncovered questionable provenance of the statue. Archival
research showed that the sculpture appeared to be the one depicted
in a 1957 photograph of an idol in the temple of Sri Soundararaja
Perumal in a village near Kumbakonam in Tamil Nadu. This sculpture
was stolen in the early 1960s.
- The Art Newspaper: India asks Ashmolean Museum to return 15th-century bronze idol believed stolen from temple
ASIA
Coronavirus Shutters Art Basel, Museums; Sotheby's Moves
Hong Kong Art Auctions to New York
Sotheby's auction house announced that it will move its major
spring Hong Kong auctions to New York in light of the coronavirus
epidemic. Earlier this year, Chinese museums and other public
institutions have opted to close their doors in a desperate effort
to stop the spread of the deadly disease. Art Basel Hong Kong fair,
which heavily relies on international travelers, was cancelled as
countries around the world have been imposing travel
restrictions.
- Artnet: Sotheby's Will Hold Its Closely Watched Spring Hong Kong Art Auctions in New York as the Coronavirus Epidemic Rages On
- Artnet: Art Basel Cancels Its Hong Kong Edition, Citing 'Sudden and Widespread Outbreak' of Coronavirus
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