Russian Collector’s Claims Against Sotheby’s Clear Initial Hurdle
In Ongoing Rybolovlev-Bouvier Feud
07/19/2019For years now, we have followed the bitter dispute between Dmitry Rybolovlev, a Russian billionaire, and his onetime art dealer, Swiss businessman Yves Bouvier. Now, a new ruling permits Rybolovlev-affiliated entities to move forward with claims that auction house Sotheby’s facilitated Bouvier’s purported fraud. (The news comes on the heels of last month’s announcement that Sotheby’s is being acquired by French-Israeli businessman Patrick Drahi, in a deal that will take the auction house off the publicly-traded stock market and put it back in private hands.)
Citing Delay, Second Circuit Affirms That Met Can Keep Picasso
Purportedly Sold Under Duress During World War II;
Meanwhile, New York Appellate Court Affirms
That Two Schiele Works Should Go Back To Holocaust Victim’s Family
07/15/2019A three-judge panel for the Second Circuit Court of Appeals has agreed with the lower court’s decision that the Metropolitan Museum of Art may keep a “rose period” Picasso painting despite claims that it was sold by a German-Jewish family to escape Nazi persecution in Italy during World War II. See Zuckerman v. The Metropolitan Museum of Art, Case No. 18‐634, -- F.3d – (2d Cir., June 26, 2019).
Old Master Forgery Story Update: New Developments In Two Sotheby’s Lawsuits to Recover Proceeds From Sales of Alleged Fakes
04/12/2019We have written on several occasions (see here, here, and here) about the tangle of disputes that have arisen from the discovery of multiple suspected forgeries of Old Master artworks. Now, one such dispute has reached a settlement, and another has resulted in a judgment for Sotheby’s; but other questions about these works, and the Old Master market generally, remain.
German Cathedral Surrenders Nazi-Looted Artwork To Heirs of Jewish Owners; Meanwhile, A Separate Art Recovery Suit Ends in Defeat, Illustrating Continuing Challenges in Nazi-Era Restitution Litigation
03/28/2019Last week, a cathedral in Germany agreed to turn over a valuable painting to the heirs of the family from whom it was stolen during World War II. The case marks another example of the type of negotiated restitution that has become an important factor in art disputes in recent years, but stands in stark contrast to another dispute that ended in defeat a few months ago for the heirs of a Jewish art dealer who fled Germany in the years leading up to World War II.
The Supreme Court Clarifies Pre-Suit Copyright Registration Requirement
03/18/2019In a unanimous decision earlier this month, the Supreme Court resolved a debate that impacts would-be copyright infringement litigants.
Motion Practice Regarding Expert Witnesses In Prince Instagram Cases May Have Larger Implications For Fair Use Law
02/26/2019We here at Grossman LLP, along with many other legal commentators, have been following with interest the lawsuits against appropriation artist Richard Prince arising out of his controversial New Portraits works, first shown at the Gagosian Gallery in 2014, which Prince created from screen shots of photos taken by other Instagram users. The court is now considering the defendants’ motions for summary judgment on the issue of fair use, which have been fully briefed. But along with the main event—the summary judgment motion—the court is also considering additional motions filed by both parties with regard to each other’s expert witnesses. These motions are worth examining because they will presumably be resolved along with the summary judgment decision, and they raise some interesting questions that may have implications in the larger arena of fair use case law.
Collector Sues London Art Gallery for Failing to Disclose Price History of Two Paintings
02/20/2019A lawsuit pending in the United Kingdom continues the ongoing debate about how much due diligence buyers must perform when purchasing artwork, including whether such buyers must investigate price histories.
Lawsuit By Gallery Against Former Employee Raises Questions About Confidential Information In The Art Trade
02/15/2019A contentious lawsuit is underway between a Manhattan art gallery and its former director over her handling of purportedly-confidential information when she quit her job to accept a position at another gallery. The case raises potentially important questions about one of the key assets of any art business—information about its customers and contacts.
Parties Reach Settlement In Copyright Infringement Suit Over Artwork Appearing in Music Video
01/28/2019Last year, we wrote about the federal lawsuit filed by visual artist Lina Iris Viktor, which alleged that her copyrights in three original artworks were infringed in the music video of a song, “All the Stars,” from the soundtrack of last year’s blockbuster movie Black Panther. She sued the song’s recording artists—Kendrick Lamar and SZA—as well as the record label and the video’s director and production company, among others.
Court Dismisses Artist’s $100 Million Antitrust Suit Against Prominent Museums
01/21/2019One artist’s crusade against what he perceives to be anticompetitive behavior in the New York art world has come to an end—at least for now—as a federal judge dismissed his antitrust claims against five museums.
Summary Judgment Decision Looms In Two “New Portraits” Lawsuits Against Richard Prince
12/19/2018Ever since Richard Prince’s “New Portraits” project first made headlines, we’ve been following the story—and the copyright implications. Now, two lawsuits that arose out of that controversial exhibition are headed for a summary judgment ruling.
New Report Urges Major Initiative To Facilitate Restitution of Art and Artifacts From France to African Nations
11/26/2018Last December, France’s president, Emmanuel Macron, gave a speech lamenting the fact that French museums hold a vast array of African art and artifacts, and pledged that, “In the next five years, I want the conditions to be created for the temporary or permanent restitution of African patrimony to Africa.” At the time, there was little in the way of specific detail about how that might happen, but this past spring, Macron commissioned a study to examine how that objective could be accomplished. Now, the experts tasked with that study have released a key report that makes a variety of recommendations that, if implemented, would represent a massive repatriation project for France.
French Court Orders Jeff Koons To Pay Damages Over Appropriation of Advertisement
11/14/2018Last week, as reported in Artnet, a court in France issued an order requiring Koons, his business entity, and the Centre Pompidou (a prominent French museum which had displayed the Koons work in question) to pay damages of over $150,000 to Franck Davidovici, the creator of a 1985 clothing ad called Fait d’Hiver.
Russian Billionaire Rybolovlev Is Suspect in Corruption Probe in Monaco Stemming From Bitter Dispute With Art Dealer
11/14/2018On the heels of last week’s post (see here) about Russian art collector Dmitry Rybolovlev’s lawsuit against Sotheby’s, we write now with a brief update. This week, authorities in Monaco formally named Rybolovlev a suspect in an investigation into allegations of corruption and influence-peddling.
Russian Billionaire Rybolovlev Sues Sotheby’s For Allegedly Facilitating Dealer’s Massive Markups
11/05/2018The long-running, globe-spanning dispute between two powerful figures in the international art world has taken a new turn, as one of the parties levels formal claims against auction giant Sotheby’s for its role in multiple purportedly fraudulent art deals. The case continues to shine a spotlight on the often-convoluted and opaque nature of high-end art transactions.
New Lawsuit Highlights Importance of Clear Documentation When Loaning Artworks – Even To Family
10/26/2018This week, a family dispute over a Max Ferguson painting ripened into litigation, providing a cautionary tale for art collectors who loan their works to institutions and family members.
Mural Artist’s Suit Against GM Over Cadillac Commercial Survives Summary Judgment
10/04/2018Back in August, we wrote about a new lawsuit against automotive giant General Motors, and its potential implications for graffiti art. Now, the artist plaintiff in that case has at least partially prevailed in GM’s motion for summary judgment, clearing the way for a trial.
In Pair of Lawsuits, Robert Indiana’s Former Associates Are Vying for Control of the Late Artist’s Legacy
08/30/2018The future of the late pop artist Robert Indiana’s legacy hinges on the outcome of a pair of lawsuits that have been underway since his death in May.
Suit by Mural Artist Over GM Commercial Raises New Question About Copyright Law’s Application to Graffiti
08/21/2018Over the years we’ve covered many stories about how the American copyright regime applies to graffiti art. Now, a lawsuit against car manufacturer General Motors may test a new legal angle in this area of case law.
Litigation Highlights Risks of Art Financing
08/20/2018A recently-filed lawsuit provides insight into some of the risks involved in art transactions given the increased use of creative purchase structures and financing arrangements in the art market.
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