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Center for Art Law Case Law Updates

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

Mueller v. Michael Janssen Gallery, et al, 1:15-cv-04827-NRB (S.D.N.Y., 12/02/2016) On Dec. 1, 2016, District Judge Buchwald dismissed the 2014 lawsuit related to Cady Noland's artwork "Log Cabin," which the artist disavowed due to replacement of rooted wood logs. The plaintiff, the purchaser of the artwork, alleged unjust enrichment and breach of fiduciary duties against the gallery and art advisors who facilitated the sale. The dismissal provides some clues as to the business relationships between collectors and art experts. The Memorandum and Order in the case are available at https://drive.google.com/file/d/0B9yHAtGD-3ZGNjVhbllIY1RSTWkyZl94V3M3dWpRbVRpTEI0/view?mc_cid=a65515225f&mc_eid=8a2eda70d8.

McNatt v. Prince, 1:2016cv08896 (S.D.N.Y. Nov. 16, 2016) Photographer Eric McNatt sued Richard Prince, alleging copyright infringement over his use of McNatt's photo of musician Kim Gordon. Prince posted the photo on his own Instagram account and then displayed a 20 square foot screenshot of the Instagram post at a Tokyo gallery in 2015.

Statkun v. Klemens Gasser & Tanja Grunert, Inc., 1:13-cv-05570, (S.D.N.Y. Dec. 8, 2016) Tanja Grunert, former owner of the gallery Klemens Gasser & Tanja Grunert, Inc., was ordered to pay $500 for every day she ignores inquiries from contemporary artist Joseph Statkun stemming from a default judgment awarded to Statkun in 2014. Statkun alleged that Grunert violated VARA by cropping one of his paintings without authorization.

Heritage Capital v. Christie's, 3:16-cv-03404-N (N.D. Tex. Dec. 9, 2016) The plaintiff accused Christie's in federal court of copyright infringement, alleging that research, images and price information for 3 million different auction listings generated by the Dallas-based auction house were appropriated by the London-based auction house and resold as part of its own subscription database.

Banach v. Dedalus Found., 600918/2009 (Sup. Ct. N.Y. Cty. Dec. 8, 2016) J. Geoffrey D. Wright ruled for the defendant in the 2009 lawsuit brought by Joan Banach against the Daedalus Foundation, alleging gender discrimination in its discharge of her employment. The non-profit, which claimed to have fired Banach out of suspicion that she misappropriated art, counter sued to recover that art. The Supreme Court of New York County recently dismissed Banach's gender discrimination claim and denied her motion for summary judgment on Dedalus' counterclaims.

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 December 24, 2016 4:44 PM.

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