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The Art Law Podcast
39 minutes | Oct 25, 2022
Some Art Museum-Related Updates
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.
51 minutes | Sep 6, 2022
Director of the Louvre Arrested and a Dive into French Criminal Law
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.
54 minutes | Jul 15, 2022
Russian Sanctions and the Art Market
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.
60 minutes | Jun 9, 2022
Fractional Ownership of Art: Can Regular People Own a Piece of the High End Art Market?
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.
15 minutes | May 10, 2022
Surprise! NYC Repeals Auction Regulations
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.
32 minutes | Mar 28, 2022
Anti-Money Laundering Update: FinCEN's Surprising Conclusion and the Impact of Russian Sanctions on the US Art Market
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.
56 minutes | Mar 3, 2022
Turkey’s Quest for the Stargazer: Part 2
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.
64 minutes | Jan 10, 2022
Skepticism and Optimism Around Art NFTs - Revisited
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.
51 minutes | Dec 2, 2021
Turkey’s Quest for the Stargazer
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.
67 minutes | Nov 1, 2021
How Anti-Money Laundering Regulations are Hitting the Art Market in the United Kingdom and What Participants Can Do to Comply
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.
64 minutes | Jun 2, 2021
Skepticism and Optimism Around Art NFTs
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.
78 minutes | May 3, 2021
Fair Use and Andy Warhol: The Line Between Appropriation, Copying, and Inspiration Is Not Clear
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.
79 minutes | Mar 29, 2021
Moral Rights Around the World: Two Case Studies
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.
66 minutes | Mar 5, 2021
New and Impending Art World Money Laundering Regulations
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.
47 minutes | Jan 8, 2021
Goodbye 2020 and some art law updates
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
47 minutes | Oct 29, 2020
Current Events of Deaccessioning and Cries of Censorship
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/
58 minutes | Sep 14, 2020
Revisiting the Salvator Mundi by (probably/possibly?) Leonardo da Vinci with Robert Simon
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
63 minutes | Sep 8, 2020
"The Last Leonardo" with Ben Lewis - Revisited
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
55 minutes | Aug 3, 2020
Copying in 3D: digitizing GLAM collections
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/
44 minutes | Jun 1, 2020
Arts Nonprofits in the Pandemic
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
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