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Center for Art Law Case Updates

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

Cornell University v. Pei Cobb Freed & Partners Architects LLP (N.Y. Sup. Ct. May 2015) -- Cornell University is suing the architecture firm Pei Cobb Freed & Partners LLP and its contractors for the faulty construction of the addition to the university's Herbert F. Johnson Museum of Art. Cornell's art museum was originally designed by I.M. Pei in 1968, and an addition was started in 2009 to accommodate its growing art collection. Cornell alleges that the architectural design and construction of the new addition were inconsistent with industry standards for temperature and humidity specifications to maintain the integrity of its artwork, and that water leaks in the building's roof were left unfixed by the contractors, among other problems. Cornell, represented by Nelson Roth, is suing for architectural malpractice, breach of contract and negligent construction and supervision, and alleges it has suffered at least $1.1 million in damages.

Peter Beard v. Hoerle-Guggenheim Gallery (N.Y. Sup. Ct. May 2015) -- Judge Charles Ramos will decide the case brought by photographer Peter Beard over three photographs that went missing in 2013 and recently reappeared for sale at the Hoerle-Guggenheim gallery in Chelsea. The three photographs, depicting scenes of African elephants with Beard's signature collage effects, were taken without his permission while at a friend's Park Avenue apartment. Reports indicate that the works were sold by Beard's former assistant, Natalie White. Whether she had permission to sell those works depends on a recent settlement reached between White and her former employer in a separate lawsuit.

Nungesser v. Columbia U., et al., 15-cv-03216 (SDNY, Apr.23, 2015) -- Judge Gregory Woods is assigned the case brought by the Columbia University student against the University, its president, and art professor for discrimination. The student alleges that his professional and educational prospects have been ruined by the publicity brought by the university's art student Emma Sulkowicz's "Mattress Performance." Sulkowicz, who says Nungesser raped her on campus, started the campaign in which she carries a mattress with her on campus in protest of the university's handling of her accusation of Nungesser. The complaint accuses the university for letting Sulkowicz earn course credits for the "display of harassment and defamation" and alleges that Nungesser's rights are being violated and his well-being and future prospects are suffering as a result of the campaign.

Britto Central, Inc. v. Craig & Karl, and Apple (United States District Court of Southern District of Florida, April 6, 2015) -- The Artist Romero Britto's company filed a complaint against Apple and designers Craig Redman and Karl Maier in early April in District Court of Southern Florida for allegedly misusing his imagery as part of a marketing campaign showcasing artworks made using Apple products. The plaintiff sued the defendants for unfair competition, copyright infringement, trade dress infringement, and false designation of origin or sponsorship/endorsement, and demands an injunctive relief and damages.


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 May 11, 2015 10:41 AM.

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