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Center for Art Law Case Law Updates

Edited by Elissa D. Hecker

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

Equinox Gallery Ltd. v. Dorfman (S.D.N.Y. Jan. 25, 2018). The Southern District of New York ruled in favor of the Equinox Gallery in Vancouver, Canada, against Fred Dorfman, famous New York art dealer, who is facing civil charges for selling stolen works by Jasper Johns. (https://www.theartnewspaper.com/news/dealer-of-works-stolen-by-jasper-johns-s-assistant-may-be-held-liable-under-racketeering-charges-says-court?mc_cid=3775e3bebc&mc_eid=8a2eda70d8)

Cenedella v. Metro. Museum of Art (S.D.N.Y. Feb. 6, 2018). Artist Robert Cenedella filed a $100 million antitrust class action in Manhattan federal court against the giants of the New York art world, namely the Metropolitan Museum of Art ("the Met"), the Whitney Museum of American Art, the Museum of Modern Art, the Guggenheim Museum, and the New Museum of Contemporary Art. On behalf of himself and "innumerable other deserving artists", he claimed that the museums violated antitrust laws by showing artists represented by five galleries merely because of close financial ties between the museums and the galleries. (https://www.courthousenews.com/wp-content/uploads/2018/02/Cenedella.pdf?mc_cid=3775e3bebc&mc_eid=8a2eda70d8)

Native Am. Church of N. Am. v. Transp. Sec'y Admin. (W.D. Tex. Jan. 26, 2018). A settlement agreement was reached on January 26, 2018 between the Native American Church of North America (NACNA) and the Department of Homeland Security, namely the Transportation Security Administration (TSA). The TSA mishandled religious artifacts while the NACNA was traveling.
(https://turtletalk.files.wordpress.com/2018/01/nacna-v-tsa-settlement-docs-final.pdf?mc_cid=3775e3bebc&mc_eid=8a2eda70d8)

Cohen v. G&M Realty L.L.P. (E.D.N.Y. Feb. 12, 2018). In 100 page decision, Judge Frederick Block of the Eastern District ruled in favor of the group of street artists who painted the "art mecca of the 5Pointz", a highly decorated building in Long Island City. Artists sued Gerald Wolckoff, a developer, who whitewashed the building without warning to make condos. This is a big win, worth $6.7 million, for street art and for moral rights. (https://news.artnet.com/art-world/judge-awards-6-million-5pointz-lawsuit-1222394?utm_content=from_artnetnews&utm_source=Sailthru&utm_medium=email&utm_campaign=US%20Morning%20Newsletter%202.13&utm_term=New%20US%20Newsletter%20List&mc_cid=3775e3bebc&mc_eid=8a2eda70d8)

Zuckerman v. Metro. Museum of Art (S.D.N.Y. Feb. 7, 2018). The Southern District of New York ruled that the Met does not have to give back a Picasso painting back to previous Jewish owners, who sold it in 1938, for a price below market value in an attempt to flee Italian Fascism, because the sale "occurred between private individuals, not at the command of the Fascist or Nazi governments." (https://www.courthousenews.com/wp-content/uploads/2018/02/Picasso.pdf?mc_cid=3775e3bebc&mc_eid=8a2eda70d8)

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 March 3, 2018 10:54 AM.

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