Money Makes the Art Go Round

President Obama is proposing a budget for 2013  that would raise the National Endowment for the Arts' annual spending to $154.3 million from about $146 million this year. Of the proposed $8 million, about half will go directly to nonprofit arts organizations and 25% will go to state arts agencies.

This proposed increase is a welcome change from the trend that has dominated for the last few years. It also, follows on the Bill introduced last year by Jerrold Nadler and Herb Kohl to provide artists with resale rights and have the royalty fee split between artists and museums to spur acquisition of American art. As mediators like to say, if passed, the Equity for Visual Artists Act of 2011 would be a win-win for the artists and arts organizations in the United States.

Source: "President's Budget Includes Increase for Arts," The New York Times, Feb. 15, 2012; The Art Newspaper.

"Trickery and Deceit" ... Not?

On February 9, 2012, Robert Kirkman was sued by his former illustrator, Toni Moore, for tricking him to surrender his rights to "Walking Dead" in exchange for payments that never came.

A few months before the suit, Kirkman opined that a book writer should find an artist for his stories by
"trickery and deceit." Whatever he was meaning to convey by this clever remark, the old maxim stands -- every joke has some truth behind it.


Source: Reuters.

Occupy Unpaid Internships! An Open Letter to NYFA

Every day, budding arts professionals scour job classifieds websites and postings in search of internship opportunities in galleries, museums, theaters, and art organizations. We all have to start somewhere, and many prestigious institutions offer internships to students and new job-seekers lacking the background required for paid positions. These internships provide important experience that ultimately leads to a job--not to mention an impressive name to add to a developing resume. But many art world internships are unpaid, begging the question: where is the line between an inexperienced worker gaining skills and connections at a prestigious institution, and a prestigious institution exploiting an inexperienced worker for free labor?

The New York Foundation for the Arts (NYFA) has come under fire for posting unpaid internships on their website. In a recently published open letter, Arts and Labor—an affiliate of the Occupy Wall Street movement—criticized the inequity of the unpaid internship in the art world, condemned NYFA for publishing unpaid internships at for-profit arts organizations, and demanded an end to the practice. Founded in conjunction with the New York General Assembly, Arts and Labor is comprised of artists, writers, designers, and other arts professionals whose mission is to address and rectify economic inequalities and exploitative working conditions in the arts through direct action and educational initiatives.

Unpaid internships in the art world raise many important concerns, which the letter highlights. For example, while presumptively based on the historical apprenticeship model, unpaid internships today often do not provide the concrete skills and hands-on learning component of apprenticeship. Arts and Labor calls attention to the fact that in April, the US Department of Labor released a memo that outlined certain requirements for unpaid internships to avoid being exploitative, which many organizations do not follow. The group also point out that few people can afford to take an unpaid internship, which reinforces the social and economic divide in the art world.

However, the Arts and Labor's letter glosses over relevant facts about unpaid internships. Many arts organizations simply do not have the funds for paid internships, and giving young professionals experience they need while they support the staff's work can be a worthwhile trade for both the intern and institution. Unpaid internships are also frequently offered for school credit or on a part-time basis, so that interns can find other sources of income. Arts and Labor also targets only for-profit art and cultural institutions, and there are many not-for-profit and public institutions with equally exploitative labor practices. It should also be noted that NYFA does important work helping artists and arts professionals, such as offering direct financial assistance, professional development, and resources to artists and organizations that serve artists, as well as supporting arts educational programs and advocating for the arts in New York State and throughout the country.

The unpaid internship can provide precious opportunities to learn and gain practical knowledge, or it can exploit the enthusiasm and inexperience of interns hoping to break into a highly competitive field. The model may need some refurbishing, but there is still value in an internship that mentors and educates interns. It is for the art world to think about how to nurture the new generation of arts professionals, so that (in the words of Arts and Labor), “pursuing one’s passion and affiliating oneself with a culturally prestigious entity [does not become] a socially sanctioned rationalization for highly precarious working conditions.”

NYFA's website: http://www.nyfa.org/default_mac.asp

The letter: http://artsandlabor.org/arts-labor-ows-call-to-nyfa-stop-publishing-classifieds-for-unpaid-internships.

"Black Swan" Treasure to Sail Back to Spain

On appeal, Florida circuit court upheld a decision  that treasures from a sunken Spanish galleon must be returned. The coins, found by US treasure-hunter Odyssey Marine Explorer, in 2007, over half a million of them, gold and silver, estimated at $500 million, belong to Spain.

Decision was handed down last week, on January 31, 2012, whereby the judge rejected Odyssey's argument that there was no clear wreck site and  stipulated that the coins must be returned within 10 days.  For additional background about this case, please read our Odyssey Sequel.
Source: The Guardian

Germany Returns Ancient Afghan Statute

Last week, Germany’s Ministry of Foreign Affairs returned an ancient pre-Islamic sculpture looted during Afghanistan’s civil war to the National Museum in Kabul. The piece disappeared in 1995 and was traced to Munich last year. Afghanistan’s embassy in Berlin is continuing to investigate how the artifact arrived in Germany.

The limestone artwork, which stands 30 centimeters in height and 25 centimeters in width, is comprised of eight figures believed to depict an audience with Buddha on his throne. Dating to the 2^nd century AD, the piece was carved during a period in which the kingdom of Gandhara stretched across Afghanistan and Pakistan.

The piece was stolen from the museum during a violent and tumultuous period, when warlords battled for control of Kabul after Soviet withdrawal. Seventy percent of the museum’s antiquities were taken and many pieces were sold on the black market. It is also estimated that the Taliban destroyed as many as 2,500 pre-Islamic works, including the giant Buddhist statutes at Bamiyan in 2001.

Numerous artifacts are still unaccounted for. Still, Omara Khan Massoudi, the director of the National Museum, is optimistic that more pieces will be returned in the future. An agreement with UNESCO and Interpol was instituted several years ago and has proven successful. Since 2007, over 8,000 artifacts have been recovered, including a 5^th century wooden Buddha. Massoudi also hopes to see twenty ivory works currently held by the British Museum restored to Afghanistan this year. Finally, the United States and others have committed $10 million to build a new museum with sophisticated climate controls and security systems, which will better equip the Afghan people to house and protect their national treasures.

Hirst not Hirst: Dealer Pleads Guilty to Forging Art Appraisal Documents

On January 12, 2012, Richard Silver of Manhattan, admitted to buying online a set of prints depicting ... dots, for about $40,000. He resold them for $84,000 to other collectors in the United States, Canada, and Britain. How did he do that? Well, he had the works appraised and made a few changes to the documents. Silver did not know they were not by Damien Hirst, but he thought they were, or ought to have been by Hirst. After all, who else would ever paint dots?!

Silver is an amateur dealer, a licensed real-estate broker who collects art as a hobby. New York City authorities were alerted to his antics when one of the ultimate purchasers in London had the works appraised and discovered they were not from the Hirst's studio.

Silver alleged he did not know the prints were fake but he did admit to altered the appraisal documents. He pleaded guilty to misdemeanor forgery and false-filing charges.

To dot all the I's, he also admitted to failing to report his profits on his state taxes.

As for Hirst, about a quarter of his signature dotted canvases, or 331 to be exact, are currently on display at Gagosian galleries around the world.

Source: The Wall Street Journal; ArtDaily; The Huffington Post.

The Kunstmuseum Basel and Malevich Heirs Settle

In a joint press release dated January 20, 2012, the heirs of the famous Russian artist Kazimir Malevich (1878-1935), the Kunstmuseum Basel and the Government of the Canton of Basel-Stadt announced terms of a settlement agreement resolving the Heirs’ claim to works by Malevich (two gouaches “Landscape with Red Houses” and “The Washing Woman” and a series of approximately 60 drawings made by Malevich and his assistants) that have been in the possession of the Kunstmuseum Basel since the 1960s.

According to the settlement terms, one of the gouaches was transferred to the Heirs, the other will remain in the Museum’s collection. The settlement apparently resolves all questions as to title to the Malevich works in question.

Below are some experts from the press release:

"In 1964, the Kunstmuseum Basel purchased the gouache “Landscape with Red Houses” from Marlborough Fine Art Ltd Gallery in London. In 1969, Mrs. Marguerite Arp-Hagenbach donated the drawings, which are the original illustrations of Malevich’s 1927 book “Die gegenstandslose Welt”, to the Kunstmuseum Basel. Finally, Dr. Franz Meyer, the former director of the Kunstmuseum Basel, donated the gouache, “The Washing Woman”, which he had bought at auction in 1964, to the Kunstmuseum Basel in 1995. The Museum’s position is that it acquired the Malevich works honourably and acquired good title to them pursuant to Swiss law. The Heirs contest this and believe that the works are the rightful property of the Heirs...

Under the ICOM Code of Professional Ethics, which the Kunstmuseum Basel is committed to follow, a museum is obliged to establish accountability on the origin of all works of art in its possession and to speak with claimants about surrendering works of art whose provenance has not been resolved completely. The Kunstmuseum Basel has had an open dialogue with Malevich’s heirs, and both parties have provided information on the works of art concerned, openly and without reservation. Ultimately, the Kunstmuseum and Malevich’s heirs reached the understanding that any and all of the Kunstmuseum’s right, title and interest in and to the gouache “Landscape with Red Houses” would be transferred to the Heirs...

In reaching this historic settlement, the Kunstmuseum Basel and the Heirs strived for a resolution that keeps works by Malevich on public display, acknowledges the historical developments and circumstances that prevented Malevich from returning to Germany and to his artworks after he was called back to the Soviet Union in 1927, and respects the legacy of the Heirs. The Kunstmuseum Basel and the Heirs agree that the amicable settlement achieves these objectives and settles all questions as to title to the Malevich works at the Museum.The Heirs, commenting on the settlement through their counsel, Lawrence M. Kaye, said: “The Malevich family is gratified that this matter has been resolved in a way that acknowledges Malevich’s legacy and his contributions to the history of 20th century art, keeps his work on public display in Basel for all to see and cherish, and provides us with a historic work by our noted ancestor.”

Madison Avenue Art Dealer Faces Fraud Charges

On January 22, 2012, Robert Scott Cook, a Madison Avenue art dealer, was charged for allegedly defrauding a client of 16 artworks by Picasso, Manet, Matisse, Renoir and others worth more than $4.2 million. Cook, a principle of Cook Fine Art (2005-2011), sold watercolors, drawings and photographs to galleries and auction houses behind the owner’s back for years.  Sales took place over a course of six years and they were done without owner's consent or to his benefit as proceeds were never shared. According to the F.B.I.’s assistant director in charge in New York, Janice K. Fedarcyk, “Mr. Cook is a crook.” If convicted he faces a maximum of 20 years in jail and a $250,000 fine.

Cook's attorney, James Eisenhower, was reported as saying that his client was trying to raise $1 million to repay the consignor and “that Cook hoped to avoid being prosecuted.”
 

Source: New York Times Blog; Huffington Post.

Dealer Seeks Return of Plumed Artifacts

A five-year investigation into artifacts dealer Christopher Kortlander's museum resulted in a raid and allegations that he was dealing in fraudulent artifacts and feathers in violation of federal law. Authorities seized a trove of war bonnets, medicine bags and other items. Subsequently, no charges were ever filed, and most of the items seized during the raids have been returned.

Most but not all, Art Daily reported that "sealed court filings obtained by The Associated Press show the government still holds 22 items, partly on the word of a convicted felon who claimed Kortlander acquired them illegally." Many of the still seized objects contain feathers of protected birds, which renders them "contraband" under the Bald Eagle Protection Act and Migratory Bird Treaty Act.

For more on the case, please read ArtDaily.

Underwater Controversy: An Amendment to the Alabama Cultural Resource Act Sparks Heated Debate

A proposed amendment to the Alabama Cultural Resources Act may give relic-hunters easier access to artifacts lying beneath the surface of the state’s rivers, lakes, and bays. In Montgomery, Alabama Senator Cam Ward has introduced a bill to amend the Act, currently requiring underwater explorers to obtain a permit from the Alabama Historical Commission before diving in search of underwater artifacts. The amendment would still require permits to recover pieces related to shipwrecks and would forbid disturbing Native American burial sites, but treasure hunters would otherwise be free to search state waters and keep what they find.

Opinions surrounding this issue are sharply divided. On one side is Steve Phillips—advocate for the amendment and owner of Southern Skin Divers Supply Company of Birmingham. In 2003, Phillips was arrested for an underwater expedition on which he found a civil war era rifle, though he was only convicted of a misdemeanor. Phillips argues that there are no professional archaeological expeditions being conducted and without amateur collectors, many artifacts would still be at the bottom of Alabama waters.

On the other side is Teresa Paglione, president of the Alabama Archaeological Society. She argues that without legal protection, artifacts from the Civil War, settlement of the state, the age of European exploration, and thousands of years of Native American history could be carelessly removed in such a way as to prevent proper historical study. The context in which these objects are found is as crucial as examining the objects themselves; provenance cannot be ascertained once the objects have been extracted from their resting places. Another fear is that removing restrictions would lead to raids on historic sites for private collections, depriving Alabama citizenry of its cultural heritage. 

The debate will continue as the amendment to the Act is considered.

Source: Cultural Property and Archaeology Law

Italy Returns Ancient Statue to Libya

Italian Prime Minister Mario Monti returned the head of a two thousand year old sculpture to Libyan authorities in Tripoli during his visit to the country this past Saturday, January 21. The piece depicts Domitilla Minor, the daughter of the Roman emperor Vespasian. It was smuggled from the northwestern city of Sabratha in the 1960s and was recently auctioned at Christie’s. This was the Italian leader’s first visit to Libya since the death of longtime leader Muammar Gaddafi.

Source: Archaeology News Network

Authentication Committees Disband: Warhol 2011, Basquiat 2012, Who’s Next?

On January 7, 2012, the Authentication Committee of the estate of Jean-Michel Basquiat (1960 - 1988) ("The Committee") announced its intention to disband next September. Basquiat, an influential Neo-expressionist artist, died at the age of 27, months after the passing of Andy Warhol (1928 - 1987). The two artists collaborated on numerous paintings together. Each left an important legacy, and their works rose in popularity among art collectors and art investors.

Basquiat's estate, administered by Gerard Basquiat, father of the artist, holds the legal rights and interests in Jean-Michel's works.  The estate’s website explains that the Committee has existed for eighteen years and has reviewed over 2,000 works of art. The reason for closing shop would be the belief that the Committee “has fulfilled its goal of providing the public with an opportunity to obtain an opinion as to the authenticity of works purportedly created by Jean-Michel Basquiat."

The announcement comes just a few months after Andy Warhol Foundation's announcement to disband the Warhol Authentication service. What are the real reason for this decision? Is there a "Double Denied" equivalent among the Basquiat works? Are we seeing a trend among authentication boards?

The December 2011 issue of the Art Newspaper includes a report about effects of legal actions on independent expertise and authentication issues. Incidentally, it turns out that there have been issues involving authentication of Basquiats. Apparently, the owner of Basquiat’s Fuego Flores (1983), purchased from Sotheby's in 2009 for the hammer price of 959,650 pounds or over $1,300,000, sued the Basquiat authentication board because it declined to rule the work genuine. The owner was seeking damages of up to $5 million. Subsequently, the lawsuit was dismissed and the work was deemed authentic.

Theoretically, authentication boards should be indifferent to what happens to the commercial value of art as a result of finding works inauthentic. However, the significant monetary loss that collectors suffer from having their investments discredited predictably leads to prohibitively expensive legal actions. For example, The Warhol Foundation reported that its Double Denied victory came with the price tag of about $7 million. Even carefully drafted exculpatory language in submission for authentication agreements cannot guarantee experts immunity from allegations of disparagement of title, unfair competition, or libel. The cost of defending authentication decisions in court is the likely explanation why authentication boards may be closing.

Ultimately the toll of losing authentication board services and assurances is to be born by the art market. Art experts will have to be more careful and probably price works more conservatively. Ironically, galleries and auction houses that have relied heavily on the authentication boards for an imprimatur of approval to justify record-setting prices for Warhols and Basquiats are endangering their very existence.

Select Sources: Gallerist NY; ArtINFO

Italian Trial of Robert Hecht Concludes with No Verdict

The six-year trial of antiquities dealer Robert Hecht, aged 91, has ended on an anti-climactic note. Throughout a successful career beginning in the 1950s, Hecht supplied the world’s museums, collectors, and dealers with exquisite examples of Greek, Roman, and Etruscan art. However, he was also continually dogged by accusations that his artifacts were of dubious origin, smuggled from their homelands or stolen from archaeological sites. Brought to Italian court in 2005, his trial focused on the alleged conspiracy between Hecht and a network ofdealers, smugglers, and private collectors connecting museums around the world with illegally looted antiquities.

This past Monday, January 16, the three-judge panel in Rome announced that no verdict was possible because the statute of limitations on Hecht’s charges had expired. This mirrors the result for Marion True, former curator at the J. Paul Getty Museum. The co-defendant’s trial also concluded without a verdict in October 2010 because the statute of limitations on her charges expired. Original prosecutor to the case Paolo Ferri expressed his frustration with the Italian criminal system, stating that these complex actions could not be settled within the narrow statutes of limitations set out in the law.

Though decided on technicalities, these proceedings have propelled museums to be more cautious when acquiring antiquities whose provenance is unclear. Throughout Hecht and True’s lengthy trials, many American museums, including the J. Paul Getty Museum, voluntarily returned more than one hundred artifacts from their collections to Italy when a link to Hecht and other dealers was discovered. Additionally, many museums also adopted stricter acquisition standards regarding the provenance of new acquisitions.

The cases of Hecht and True have focused international attention on the black market of antiquities sales. Their trials raised concerns that will hopefully continue putting pressure on museums and dealers to be ever vigilant when investigating the origins of their newest acquisitions.

Sources: Italian Trial of American Antiquities Dealer Comes to an End, Italian Case Against Antiquities Dealer Ends

Clooney buys the rights to Edsel's "The Monuments Men"

George Clooney's new directorial project is based on Robert M Edsel's The Monuments Men: Allied Heroes, Nazi Thieves, and the Greatest Treasure Hunt in History. It is an account of government efforts to retrieve artworks stolen by the Nazis during World War II. The Monuments Men were "a group of 345 or so men and women from thirteen nations who comprised the Monuments, Fine Arts, and Archives section during World War II. Many were museum directors, curators, art historians, and educators. Together they worked to protect monuments and other cultural treasures from the destruction of World War II. In the last year of the war they tracked, located, and ultimately returned more than 5 million artistic and cultural items stolen by Hitler and the Nazis. Their role in preserving cultural treasures was without precedent."

There is a parallel between Clooney's interest in the subject matter and that of Edsel, a former  nationally ranked tennis player who began his business career in oil and gas exploration. In time, Edsel developed a great interest in art and became curious about the fate of the great of works of art that survived the Great War. Edsel dedicated more than a decade to researching stories of the Monuments Men and Women. He also bought rights and co-producer an important documentary film, The Rape of Europa, based on the award winning book of the same name by scholar Lynn Nicholas.

Commenting on his plans for the story, Clooney said "If we're going to do a commercial film... Let's do something that seems fun and actually has something to say."

Source: The Guardian; The Monuments Men Foundation.

Forgery and Fraud in the Art Market, As Usual

At the end of October, ArtInfo reported that "One of the world's largest art forgery scandals" had ended in a Cologne courtroom when Wolfgant Beltracchi, leader of a forgery ring, was sentenced to six years in prison.

But putting Beltracchi behind bars has not put forgery in the art world to rest. On December 1, 2011, Pierre Lagrange filed suit against an already beleaguered Knoedler Gallery for selling a forged Pollock for $17 million. The Knoedler Gallery in New York came under fire for other forgery matters and closed in December 2011 after 165 years in the business. Lagrange alleges in his suit that the gallery sold him a forged Pollock in 2007 for $17 million.

According to The Art Newspaper, this case and others, as well as the Beltracchi investigation, "lay bare the inherent problems of authenticating works of art in an industry reliant on reputation and trust."

A number of galleries and dealers have been caught unaware dealing forged works (see GalleristNY), including prominent New York dealer Richard Feigen. Feigen acted as an agent in the sale of a fake Max Ernst work, forged by Beltracchi himself. Although he has been reimbursed and has paid back his client, he is still trying to recover N.Y. sales tax of over $250,000.

Meanwhile, sympathy has been growing for the forgers. A November article from The Art Newspaper describes an almost admiration for the forgers.

"While the case has sent shockwaves through the art world, German newspaper Frankfurter Rundschau calls the group a “nice family of counterfeiters”, and most media outlets, from the local newspaper Badische Zeitung to the popular weekly magazine Der Spiegel, have been calling Beltracchi a filou, or rogue. Die Welt says that the “likeable” Beltracchi deserves our applause for his masterly forgeries, while an opinion piece in Die Zeit calls for an exhibition of the fakes. The Frankfurter Allgemeine (FAZ) says that Beltracchi “painted the best Campendonk that ever was."

How does the law determine if a work is a fake? Shouldn't the opinion of an art world expert matter more than that of a judge? Science, namely forensic examination, appears to trump either opinion. Indeed, the article in the Art Newspaper points out that the practice of authentication by experts is becoming less popular after a spate of recent high-profile lawsuits. This blog has posted about some of these lawsuits, including claims against the Andy Warhol Authentication Board and The Dedalus Foundation.

Jack Flam, of the Dedalus Foundation, told the Art Newspaper that the law should change: “Now is the time for legislation to protect free speech for scholars and writers of catalogues raisonnés. Without courage, honesty and open communication, forgeries will distort art history and pollute the market.” Should lawmakers be in control of the art market?

The Wall Street Journal reports another recent forgery case involving a real estate broker who moonlights in selling art. He bought forged Damien Hirst works and doctored appraisals before reselling them. There appears to be evidence demonstrating that the dealer genuinely believed the works to be genuine - but his belief clearly didn't have much basis. He's expected to be sentenced next week to 60 days in jail and ordered to pay restitution. Tongue in cheek, the Wall Street Journal also points out that Hirst himself has recently come under criticism - "for openly using assistants to create most of his canvases."

Apparently, "real art" is hard to come by on the art market.

[Read more at The Art Newspaper]

A Museum "Tax" in Boston?

The Mayor of Boston, Thomas Menino, has announced plans for a new Payment in Lieu of Taxes scheme ("PILOT"). Under the scheme, non-profit organizations are tax-exempt but must pay certain amounts toward City services in order to retain certain privileges that come with their non-profit status. Organizations that will be affected by the revised rules include museums, universities, and even medical centers.

According to the PILOT website, Menino created a Task Force in 2009 "to examine the relationship between the City and tax-exempt institutions." The City has been looking to raise extra funds, at least because of recent cuts to state aid from Massachusetts. However, the recommendations of the Task Force have been met with skepticism. Michael Rezendes at the Boston Globe writes, "this marks a major change to a system that feels to some organizations uncomfortably close to tax bills."

What will this alleged "tax" amount to for museums? It is reported that The Museum of Fine Arts will be asked to pay $250,000 next year, and more than $1 million in five years. These numbers represent a steep increase from this year's contribution of about $66,00.

In Judith H. Dobrzynski's opinion, "Menino seems to be penalizing museums for success: MFA's fee is rising, as is the Institute for Contemporary Art's, because they've successfully expanded." The proposed plan is "like a real estate tax assessment."

The Art Newspaper reports that the Task Force recommended that discount credits be made available, "according to the benefits that [the institutions] provide to the Boston community." It sounds nice, but would cultural institutions be eligible for such discounts? How should "community benefits" be measured? Erica Cooke suggests that demonstrating the community benefits provided by universities and hospitals may be "easier to quantify" than the benefits provided by museums.

Museum of Fine Arts director Malcolm Rogers warns that the new PILOT plan "will mean cuts to the MFA’s outreach programs, as well as job cuts." According to The Boston Globe, Rogers stated further, "To preserve a quality of life that enriches the community we need to foster a culture in Boston and across America that invests in cultural institutions, rather than taxes them."

It goes without saying that Cities and their cultural institutions have a symbiotic relationship. Without a well-maintained City, a well-maintained museum seems rather pointless. But does Boston's new plan strike a fair and mutually beneficial balance? Is this plan something other Cities should consider adopting?

Read more at The Art Newspaper: This is Not a Tax, Says Boston's Mayor

T&E Gift: Family divided over an art loan and museum plans

French-born American artist, Armand Pierre Fernandez (1928–2005), known as Arman, was an influential 20th century sculptor.  His widow, Corice Arman, wishes to open a a museum in the south of France devoted to his work, what could be less contradictory than that? Well, the plans to open the museum are in jeopardy because the sculptor’s daughter and sister have objections.

“It’s public knowledge that the estate has not been settled,” says Marion Moreau, the artist's eldest daughter. And yet, Corice Arman lent some work or works to the Musee d'Art Moderne et d'Art Contemporain in Niece. Needles to say, the loan is also opposed.

Looking to more art law in the new year, a court hearing is expected early 2012 to rule on the contested testamentary document that names Corice Arman as the heir to Arman’s estate. [Gift for T&E attorneys - check.]

Source: The Art Newspaper.

Intl Law Gift: Israeli museum refuses to return WWII spoils

Dutch News reported that the Israel Museum in Jerusalem is refusing to return a Tora cover stolen by the Nazis during World War II to the Jewish community in Leiden, Netherlands. According to the report, the 17th century cover for religious scrolls has been at the centre of a dispute over ownership for years and the Leiden community now hope the Dutch government will get involved, the paper says.

The Tora mantle had been given on loan to the Jewish Historical Museum in 1936; it was stolen by the Nazis during the occupation. The Israel Museum admitted receiving the cover from the Jewish Cultural Reconstruction, an organization established in 1947 to deal with the collection and redistribution of unclaimed Jewish cultural property.

It took about sixty years to force the Museum to produce a list of over 700 items that ended up in the museum by way of the Jewish Cultural Reconstruction.

Source: Dutch News.

Warhol Foundation Urges Protection for Appropriation Art as Experts Debate

Earlier this month, the Andy Warhol Foundation for the Visual Arts submitted a brief urging New York federal appeals court to reverse the holding in Cariou v. Prince, 784 F.Supp.2d 337 (2011) (ruling that thirty some paintings by Richard Prince have infringed copyrights in photographs owned by Patrick Cariou). The decision created confusing in art circles and rekindled the debate on what artists may and may not do when they take works of other artists for their own creative purposes.

To review, the decision, handed down earlier this year, found that Prince infringed Cariou's rights when he appropriation images from Cariou’s book “Yes, Rasta” for his Canal Zone series. The use was not protected by the "fair use doctrine" of the Copyright Act. Subsequently, Prince's works were seized, and now they are at Cariou's mercy, subject to potential destruction.

In the report released by the Warhol Foundation, the Warhol Foundation’s Chair, said “the position of the Foundation is that the District Court gravely misconstrued that doctrine and in so doing not only jeopardized the status of existing works by a range of artists but also created such uncertainty in the field as to cause a chilling effect on the creation of new works.” 

Some of the contributor’s to the brief, including Virginia Rutledge, an art historian and attorney based in New York, and Anthony T. Falzone, Executive Director of the Fair Use Project and counsel for the Foundation, participated in a lively discussion at the New York City Bar Association on December 13, 2011, on the panel “What We Talk About When We Talk about Appropriation: Contemporary Art After Cariou v. Prince.” Elsewhere, Falzone has been quoted as saying “The fair use doctrine is the most important tool courts have to ensure that copyright does not choke the creativity it is supposed to foster. Artists should not have to hire a lawyer to make art, and we’re suggesting an approach that provides clearer protection for the free expression interests of artists and the public.”

A PDF version of the Warhol Foundation’s brief is available here.

Reviews of the City Bar panel in Art In America; ArtNet.

Everybody is a Critic but Scrapping Decisions Better Made by Artists and Collectors

Christopher A. Marinello, Executive Director & General Counsel at the Art Loss Register and Jerome Hasler, Student at the Courtauld Institute and Intern at The Art Loss Register have written about the rise in the value of metal prices that accelerates loss of public sculptures.

Here is an excerpt: "Every morning on their way to the Notting Hill tube, many run into (sometimes literally) Nadim Karam's "Carnival Elephant," a metal elephant that idly evokes the movement of people around it with its gently revolving fan, spinning in unison with the whirlwind of activity at the Newcombe Piazza. One week, however, the fan was not moving: Some rascal had indiscriminately broken off one of the blades. The stasis caused many to wonder how and when the watchful elephant would be repaired, following the unholy act of animal cruelty visited upon it.

At the Art Loss Register (ALR), contemporary sculpture damage and theft reports have been rising for years, often in correlation with the increased value of the raw materials involved. In recent times, copper alone has seen an exponential rise in price, trading at over $8,500 per ton in August of this year, with gold, brass and lead also seeing increases of almost 20% in 2011 alone. It seems that, during each economic downturn, thieves target increasingly more ignoble sources of quick cash, with public sculpture, cemeteries and even church roofs bearing the brunt of their greed."

Barbara Hepworth's work stolen.
The full article is available here.