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Center for Art Law Case Update

The following case selection first appeared in this week's Center for Art Law newsletter:

U.S. v. Ramnarine (S.D.N.Y. 16 Oct. 2014) - J. Koeltl, sentenced Brian Ramnarine, former owner of Empire Bronze Art Foundry in Long Island City to 2 ½ years imprisonment and ordered to pay $34,250 in restitution after pleading guilty to selling and attempting to sell fake sculptures that he falsely attributed to such artists as Jasper Johns, Robert Indiana and Saint Clair Cemin.
Schiffman v. Stewart, 2:2014cv06901 (C.D. Cal., 4 Sept. 2014) -Celebrity photographer Bonnie Schiffman filed a copyright infringement suit against musician Rob Stewart for using a promotional picture, which she claims is "substantially similar" to one she took in 1981. The original picture taken by Schiffman was used on the cover of Stewart's album "Storyteller," and she is seeking $2.5 million in damages.

MAFG Art Fund, LLC v. Gagosian, 653189/2012 (N.Y.S.2d, Sept 2014) - In ongoing litigation between Plaintiff billionaire financier Ronald O. Perelman, and Defendant art dealer Larry Gagosian over the sale of a Cy Twombly painting, Perelman subpoenaed major players in the art business including galleries, art dealers, auction houses, and artists, seeking information relating to transactions of which Gagosian has been a party. Gagosian's lawyers assert that these actions are all an effort to "harass Gagosian and disparage the gallery."

Franco Fasoli (A.K.A. "Jaz") v. Voltage Pictures, LLC, 1:14-cv-06206 (N.D.Il. 2014) - Plaintiff visual artists "Jaz," "Ever," and "Other" filed a copyright infringement claim alleging that multiple identified and unidentified Hollywood defendants blatantly misappropriated the artist's collaborative mural, protected under Argentina's copyright law, by creating an "infringing work" on the set of the now released film The Zero Theorem, which was filmed in Romania in 2012. Plaintiffs seek relief in the form of a preliminary and permanent injunction, impoundment and disposition of infringing articles, an order of accounting of gains and profits, and monetary damages. Plaintiffs are represented by Foley & Lardner LLP.

Marguerite Hoffman vs. L&M Arts, et. al, 3:10-CV-0953-D (N.D. Tex 2014) -- When Marguerite Hoffman quietly sold her Rothko (http://frontburner.wpengine.netdna-cdn.com/wp-content/uploads/2014/09/Order-Dismissing-Claim-Against-DM-SC-With-Prejudice.pdf?utm_source=Center+for+Art+Law+General+List&utm_campaign=9e9162fc6c-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-9e9162fc6c-346773625) she 'bargained for confidentiality' because the painting was promised to the Dallas Museum of Art. Shortly thereafter the painting turned up for a public auction and Hoffman sued the dealer and the subsequent buyer for not keeping her sale secret, per terms of the sales agreement. On 4 September 2014, Texas district court dismissed Hoffman's claim against the buyer and ruled that she can only recover benefit-of-the bargain damages from the seller. (For the 2011 decision: https://casetext.com/case/hoffman-v-l-m-arts?utm_source=Center%20for%20Art%20Law%20General%20List&utm_campaign=9e9162fc6c-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-9e9162fc6c-346773625)

The Center for Art Law strives to create a coherent community for all those interested in law and the arts. Positioned as a centralized resource for art and cultural heritage law, it serves as a portal to connect artists and students, academics and legal practitioners, collectors and dealers, government officials and others in the field. In addition to the weekly newsletter (http://cardozo.us2.list-manage.com/subscribe?u=78692bfa901c588ea1fe5e801&id=022731d685), the Center for Art Law subscribers receive updates about art and law-related topics through its popular art law blog (http://itsartlaw.com/blog/)and calendar of events (http://itsartlaw.com/events/). The Center for Art Law welcomes inquiries and announcements from firms, universities and student organizations about recent publications, pending cases, upcoming events, current research and job and externship opportunities. To contact the Center for Art Law, visit our website at: www.itsartlaw.com or write to itsartlaw@gmail.com.

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This page contains a single entry from the blog posted on January 4, 2015 1:24 PM.

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