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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:

Shepard v. European Pressphoto Agency, 291 F. Supp. 3d 465 (S.D.N.Y. 2017).
The plaintiffs, courtroom artists, illustrated many high-profile criminal trials. Their works were published without their consent by the defendants, an international news services and a stock photo agency. Claiming copyright infringement, breach of licensing agreement, and unfair competition, the court granted the motion to dismiss on two last claims, as they are preempted under the Copyright Act 1976. The court denied the motion on the copyright claim. The case was ultimately settled in April 2018.
https://scholar.google.ch/scholar_case?case=8547437924276188111&hl=en&as_sdt=2005&sciodt=2006

Von Saher v. Norton Simon Museum of Art, 897 F.3d 1141 (9th Cir. 2018).
Lucas Craner the Elder's "Adam and Eve" painting was the subject of a long battle between the family of the original owners and the Norton Simon Museum in California. The Renaissance painting was forcibly sold by Jacques Goudstikker, a Jewish art dealer in the Netherlands during WWII, but the Dutch court denied the heirs' claims based on their failure to state a claim before the statute of limitations ran for Nazi-era looted art restoration. The Ninth Circuit court ruled in favor of the museum, to avoid overruling the Dutch decision.
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/07/30/16-56308.pdf

Williams v. Nat'l Gallery, No. 17-3253-cv, 2018 U.S. App. LEXIS 25519 (2d Cir. 2018).
The New York Court of Appeals for the Second Circuit rejected the restitution of a Matisse painting, entitled "Portrait of Greta Moll", about one of the painter's muses. The painting was in the possession of the National Gallery in London and Moll's heirs sought to have the piece back, claiming that it was stolen from her home in 1947. The Court denied the claim on grounds of lack of jurisdiction, because the alleged theft would have occurred two years after the end of WWII.
https://www.theartnewspaper.com/news/court-rejects-claim-to-matisse-owned-by-national-gallery

Tobin v. Rector, Church-Wardens, & Vestrymen of Trinity Church, No. 17-4010-cv, 2018 U.S. App. LEXIS 23761 (2d Cir. 2018).
The Second Circuit denied Visual Artists Rights Act (VARA) claims to Steven Tobin, the artist behind a 9/11 memorial at the Trinity Church in lower Manhattan. The claimant sought relief for the removal of his "Trinity Root" sculpture from the church site to a Connecticut seminary, which he claims violated his moral rights. However, the court held that he had signed a contract with Trinity, where he waived any such right. https://www.leagle.com/decision/infco20180823125

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 October 2, 2018 12:21 PM.

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