As anyone with a computer now knows, the story broke last week of a supposed cache of hundreds of intimate photographs of numerous celebrities, including Kate Upton and Jennifer Lawrence, and Detroit Tigers pitcher Justin Verlander. Over the course of the week, rumors circulated about who, exactly, had them, and whether or where they would be leaked online. The story also raised important questions about privacy, security, and default cloud storage of which many people were simply unaware.
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Topics: The Showroom, Richard Prince, U.S. Copyright Office, reddit, rights of publicity, Second Circuit, No Delete, Canal Zone, Jennifer Lawrence, Patrick Cariou, Florida, Detroit Tigers, Yes Rasta, Saint Petersburg, Jeff Hamilton, Kate Upton, Cory Allen Contemporary Art, selfie, photo hack, Justin Verlander, XVALA, Copyright, First Amendment, Fair Use, Warehouse Arts District, Art Law Report
Almost none of the legal issues flowing from the seizure of some 1,280 works of art from Cornelius Gurlitt’s apartment in 2012, his agreement with the Bavarian prosecutor, and the ongoing review of the collection for connections to Nazi looting can be resolved until his named heir—the Kunstmuseum Bern—decides whether or not to accept that appointment. When the one-year review deadline passes (with only two public recommendations made so far), it is entirely unclear who will stand for Gurlitt’s "rights" over what is left.
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Topics: Schwabinger Kunstfund, Beat Giauque, Cornelius Gurlitt, Grosser Rat, Nazi-looted art, Gurlitt Collection, canton, Paul Klee, Ittigen, Trubschachen, Samuel Leuenberger, Kunstmuseum Bern, Gurlitt Erbe, Museums, Berner Zeitung, Münchner Kunstfund, Kanton Bern
Opening statements concluded in the Detroit Bankruptcy trial yesterday, and as expected, the role of the art at the Detroit Institute of Arts played a central role. Although opening statements constitute nothing of evidentiary value, they obviously show the road map that the various sides intend to follow. Thanks to courtroom reporting, we have a number of clues about the themes that the lawyers intend to develop.
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Topics: Deaccession, Syncora Capital, Kate Wells, Detroit Institute of Arts, DIA, Detroit Bankruptcy, grand bargain
A conference was held last week at the Oskar Reinhart Museum in Winterthur, Switzerland, entitled “Fluchtgut: Geschichte, Recht und Moral” (Flight Goods: History, Law and Morality). The objective conference was described in its program as follows (my translation):
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Topics: Expressionist, Esther Tisa Francini, Allied Collecting Points, Südkurier, Auctions, Florian Weiland, Oskar Reinhart Museum, Dresden, Karl Schmidt-Rotluff, Nazi-looted art, Robert Graetz, Buchholz Gallery, German Advisory Commission for the Return of Cultu, Winterthur, Entartete Kunst, Beratende Kommission, Curt Valentin, Restitution, Melissa Müller, Luzern, Clara Levy, Farm in Dangast, Fluchtgut: Geschichte Recht und Moral, Lucas Elmenhorst, Luxembourg, Looted Art, World War II, Lucerne, Switzerland, degenerate art, Handelsblatt, Lost Lives Lost Art Jewish Collectors Nazi Art The, Galerie Fischer, Imke Gielen, Washingtoner Prinzipien, Jutta Limbach, Washington Principles, Drei Grazien, Flight Goods: History Law and Morality, Lovis Corinth, Monika Tatzkow, Three Graces, Bavarian State Painting Collections, Raubkunst, Hans Posse, Limbach Commission, Bayerische Staatsgemäldesammlungen
The German Advisory Commission for the Return of Cultural Property Seized as a Result of Nazi Persecution, Especially Jewish Property (Beratende Kommission) has issued its latest decision concerning allegedly Nazi-looted art in German museums. For the second case in a row after the widely (and wisely) derided opinion not to restitute the Welfenschatz or Guelph Treasure at the Stiftung Preussischer Kulturbesitz in Berlin, the commission (known for its presiding member, former German Supreme Constitutional Court judge Jutta Limbach) has recommended against restitution, this time over the claim by heirs of Clara Levy to The Three Graces (Drei Grazien) by Lovis Corinth (1902/1904). The decision (available only in German) is riddled with poor logic and basic historical errors. In short, while it may be that the painting was indeed delivered to Clara Levy’s daughter in the United States at Clark’s express instruction, that is far less clear than the commission states, and its decision further makes a number of assumptions about the circumstances of Jews in occupied or about-to-be occupied territories that undermine its credibility considerably.
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Topics: Berlin, Else Bergmann, Schleifmühle, Hildebrand Gurlitt, Cornelius Gurlitt, Ludwig Levy, Fritz Levy, Rita Hubbard, Germany, Nazi-looted art, bill of lading, Especially Jewish Property, Buchholz Gallery, Madame Soler, German Advisory Commission for the Return of Cultu, San Francisco, Entartete Kunst, Beratende Kommission, Stiftung Preussischer Kulturbesitz, FSIA, Curt Valentin, expropriation exception”, Gurlitt, Restitution, Max Huggler, Mendelssohn-Bartholdy, Clara Levy, Sigfried Rosengart, Luxembourg, Henry Zacharias, Compagnie Generale Transatlantique Hol Lesquette, World War II, Foreign Sovereign Immunities, Pinakothek der Moderne, degenerate art, beschlagnahmte Kunst, Jutta Limbach, Kunstmuseum Bern, Drei Grazien, Pablo Picasso, Lovis Corinth, Museums, Three Graces, Bavarian State Painting Collections, Federal Republic of Germany, Paula Levy, Kurt Buchholz, Welfenschatz, Limbach Commission, New York, Bayerische Staatsgemäldesammlungen
I'm pleased to announce that Sullivan & Worcester LLP has signed on as a Friend of Art Law Day at the annual conference of the Appraisers Association of America. The schedule has recently been released and registration is now available. Held once against at New York University Kimmel Center, this year’s event will be held on Friday November 7, 2014. The schedule is below and promises to be a fascinating day. Hope to see you there!
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Topics: The Changing Laws for the Sale of Endangered Speci, Monica Kreshik, NYU SCPS, International Director of Restitution, The Frick Collection, miGavel Auctions/Lark Mason Associates, Pollock-Krasner Foundation, Betty Krulik Fine Art Limited, Michael McCullough, Pearlstein & McCullough LLP, authentication, IRS/Tax Free Exchange, Richard Levin, New York University, American Alliance of Museums, Suzanne Goldstein Baker, U.S. Fish & Wildlife Service, Cravath Swaine & Moore LLP, Art Law Day, Department of Environmental Conservation, Ulf Biscof, New Legislation for Authentication Experts, Baker Tilly Virchow Krause LLP, Christie's, Detroit Institute of Arts, Amy Goldrich, Betty Krulik, Restitution, Randi Schuster, Events, Christopher Marinello Art Recovery International L, Cahill Partners LLP, Elizabeth von Habsburg Winston Art Group, Monica Dugot, Appraisers Association of America, Marianne Rosenberg, Terry Shtob, Ford W. Bell, Craig Hoover, Bankruptcy and the Detroit Institute of Arts, Lark Mason, Kimmel Center, Wildlife Trade and Conservation Branch, Detroit Bankruptcy, Diane Wierbicki, Investment Property Exchange Services, Samuel Sachs II, Biscof & Paetow Rechtsanwälte, Withers Bergman LLP, Judith Bresler, Paul Rosenberg
As reported initially, Judge Robert Okun of the District of Columbia Superior Court allowed yesterday the cy prés petition by the trustees of the Corcoran Gallery and the Corcoran College of Art + Design. The full opinion can be read here. The petition asked to reform the trust of William Corcoran to permit a merger with the National Gallery of Art and George Washington University, a merger that will now proceed. The ruling addresses the financial condition of the Corcoran at length, but what is perhaps most interesting is the court’s acceptance of a central argument made by the Corcoran that selling its artwork to shore up its finances was an unacceptable way to proceed. This adopts the view, espoused most prominently by the American Alliance of Museums (AAM) and the Association of Art Museum Directors (AAMD), that deaccessioning for anything other than the purchase or care of art is anathema. Right or wrong, that acceptance in this opinion should have long lasting effects. Framing the question in this way was a work of skilled lawyering by the Corcoran’s attorneys, and kudos must go as well to the interveners and their counsel, without whom the other side of the story would have had no advocates at the trial. Those interveners have stated that they do not intend to appeal, meaning the case is over. Jayme McLellan, founder of Save the Corcoran, issued a statement after the ruling that “The Corcoran as we know it is gone. We fought the good fight." Incidentally, in response to our earlier reporting of McLellan’s role, I received an e-mail yesterday from Mimi Carter, the Corcoran’s Vice President, Marketing & Communication. Ms. Carter stated “Jayme McLellan was not fired from the Corcoran. She resigned in 2012, as mentioned on the first day of court hearings, citing differences with leadership. While there was a miscommunication with Ms. McLellan because of a lack of internal systems, due to a diminished staff and finances, she was not offered a contract to teach this coming Fall. Statements of retaliation are simply false.”
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Topics: Donn Zaretsky, Middles States Commission on Higher Education, Harry Hopper III, Anne Smith, Deaccession, Kathy Raffa, National Gallery of Art, Chiara Trabucchi, Industrial Economics, Jayme McLellan, William Corcoran, Save the Corcoran, George Washington University, sanctions, Corcoran Merger, University of Maryland, Deaccessioning, Cy Pres, Judge Robert Okun, Sergio Muñoz Sarmiento, District of Columbia Superior Court, AAM Code of Ethics, Corcoran College of Art + Design, Lauren Stack, Alexander Haas, Paul Johnson, Trusts, Art Institute of Chicago, Dr. Steven Knapp, Corcoran Gallery, Museums, New York Times, Sean O’Connor, Caroline Lacey, MSCHE, Dr. Wallach Loh, Deaccessioning Blog, Art Law Report, Mimi Carter, National Public Radio
News broke this afternoon that Judge Robert Okun has allowed the Corcoran Gallery and Corcoran College of Art + Design’s News broke this afternoon that Judge Robert Okun has allowed the Corcoran Gallery and Corcoran College of Art + Design’s cy prés petition to modify their governing trust to merge operations with the National Gallery of Art and George Washington university. I do not have a copy of the opinion yet, but Rebecca Cooper at the Washington Business Journal quotes the opinion as follows:
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Topics: Deaccession, Washington Business Journal, National Gallery of Art, George Washington University, Rebecca Cooper, Cy Pres, Judge Robert Okun, Corcoran College of Art + Design, Trusts, Corcoran Gallery, Museums, The Atlantic, Corcoran
Eileen Kinsella at ArtNet news reported today that the Gurlitt Taskforce has recommended the restitution of the Max Liebermann painting Riders on the Beach (Reiter am Strand) to David Toren, a New York man who left Germany at age 14 in 1939. His great uncle David Friedmann lived in Breslau, the capital of Silesia (now part of Poland, known as Wrocław). The Nazis catalogued and seized Friedmann’s art collection in 1939-40, and the Liebermann painting appears on those records. It was later found among those 1,280 objects seized from Gurlitt a little over two years ago when he aroused suspicion returning from Switzerland with a large amount of cash.
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Topics: Breslau, Eileen Kinsella, Wrocław, Gurlitt Task Force, Max Liebermann, Silesia, Nazi-looted art, Gurlitt Collection, Entartete Kunst, Reiter am Strand, August Matteis, Restitution, David Toren, 28 U.S.C. § 1605(a)(2), World War II, Switzerland, degenerate art, Poland, Altmann v. Republic of Austria, Kunstmuseum Bern, www.lostart.de, Berner Zeitung, Riders on the Beach, David Friedmann, ArtNet news
The two-week trial over the possible reformation of the Corcoran Gallery and the Corcoran College of Art + Design ended last week, with Judge Robert Okun expected to rule by the end of the month.
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Topics: Deaccession, National Gallery of Art, Jayme McLellan, Andrew Tulumello, Save the Corcoran, George Washington University, Charles Patrizia, Deaccessioning, Cy Pres, Judge Robert Okun, Corcoran College of Art + Design, William Corcoran¸ Kriston Capps, Trusts, Corcoran Gallery, Museums, Lynn Sures, Peggy Loar, The Atlantic, Corcoran
