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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:

Pumpkin Season. The Gulbenkian family, one of the biggest names in the art market, is currently being sued before the High Court in London over the claim that it received almost $1.4 million for a Yayoi Kusama sculpture that never materialized.

https://www.bloomberg.com/news/articles/2018-07-27/in-art-deal-gone-awry-an-illustrious-name-faces-claim-of-fraud?utm_source=Center+for+Art+Law+General+List&utm_campaign=d47e3aef42-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-d47e3aef42-346773625&mc_cid=d47e3aef42&mc_eid=8a2eda70d8

Sotheby's v. de Saint Donat-Pourrieres, No. 1:17-cv-00326 (S.D.N.Y. Nov. 6, 2018). A NY federal judge ordered the seller of a painting of Saint Jerome that had been attributed to Parmigianino to refund Sotheby's after an expert report "conclusively" found that the painting was a "modern forgery." Decision available upon request.

https://www.theartnewspaper.com/news/us-court-orders-collector-to-repay-sotheby-s-usd1-2m-for-parmigianino-fake?utm_source=Center+for+Art+Law+General+List&utm_campaign=d47e3aef42-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-d47e3aef42-346773625&mc_cid=d47e3aef42&mc_eid=8a2eda70d8

DeLorean v. Delorean Motor Co. (TEXAS), No. 2:18-cv-08212 (D.N.J. 2018). A federal judge rejected John DeLorean Estate's claim for "Back to the Future" royalties, as it found that the estate for the automobile executive signed over the rights to the proceeds of the contract with Universal when it settled an earlier lawsuit.

https://images.law.com/contrib/content/uploads/documents/399/17039/delorean.pdf?utm_source=Center+for+Art+Law+General+List&utm_campaign=d47e3aef42-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-d47e3aef42-346773625&mc_cid=d47e3aef42&mc_eid=8a2eda70d8

Viktor v. Top Dawg Entertainment LLC, No. 1:18-cv-01554 (S.D.N.Y. Oct. 24, 2018). A New York federal judge refused to give hip hop artist Kendrick Lamar a partial win against a visual artist's claims that the musician copied her artwork for the soundtrack of the movie "Black Panther". The case will move forward to discovery.

https://www.scribd.com/document/372063199/Viktor-v-Top-Dawg-Entertainment-LLC-Et-Al?utm_source=Center+for+Art+Law+General+List&utm_campaign=d47e3aef42-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-d47e3aef42-346773625&mc_cid=d47e3aef42&mc_eid=8a2eda70d8

Alexander v. Take-Two Interactive Software, Inc. et al., No. 3:18-cv-00966 (S.D.Ill. Oct. 24, 2018). The defendant, a videogame company, moved to dismiss the case brought by a tattoo artist against it, where the artist complains that her work, a tribal tattoo placed on the skin of WWE wrestler Randy Orton, was illegally reproduced in the videogame. This is not the first suit concerning athletes' tattoos reproduced in video-games.

https://www.scribd.com/document/376712193/Alexander-v-Take-Two-Interactive-Software-Inc?utm_source=Center+for+Art+Law+General+List&utm_campaign=d47e3aef42-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-d47e3aef42-346773625&mc_cid=d47e3aef42&mc_eid=8a2eda70d8

Meaders v. Helwaser et al., No. 1:18-cv-05039 (S.D.N.Y. Oct. 8, 2018). This ongoing case is awaiting response from the court on whether a standing stabile by Alexander Calder was lawfully sold to Helwaser Gallery in 2016. A relative of Phyliss P. Meaders was given the Calder as a gift and she argues that her partial ownership of the work entitles her to damages when it was sold by her bother Paul Mead III without her knowledge. Complaint and answer available upon request.

Artemus USA LLC v. Paul Kasmin Gallery, Inc., No. 156295/2018 (Sup. Ct. N.Y. Co.). The Paul Kasmin Gallery is currently being sued by Artemus, a company that allows collectors, art dealers, and other professionals to leverage and monetize artworks through sale-leaseback arrangements and art-secured loans. Artemus alleges that the gallery backdated and falsified invoice in striking a 2016 deal to purchase the piece. Amended complaint available upon request.

https://www.courthousenews.com/art-leasing-giant-cries-foul-over-backdated-invoice/?utm_source=Center+for+Art+Law+General+List&utm_campaign=d47e3aef42-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-d47e3aef42-346773625&mc_cid=d47e3aef42&mc_eid=8a2eda70d8

Barnet v. Greek Ministry of Culture, No. 1:18-cv-04963 (S.D.N.Y. June 5, 2018). In the case brought by Sotheby's against Greece, the defendants are moving to dismiss. Sotheby's had removed a bronze horse from sale, after a letter from the Greek government castdoubts on its provenance. It is now suing Greece for interference without lawful justification and seeking declaratory relief to declare the respective rights of the parties regarding the Bronze Horse. Complaint and motion to dismiss available upon request.

https://itsartlaw.com/2018/09/24/case-review-sothebys-v-greece/?utm_source=Center+for+Art+Law+General+List&utm_campaign=d47e3aef42-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-d47e3aef42-346773625&mc_cid=d47e3aef42&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 November 12, 2018 2:44 PM.

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