Tag Archives: new york

Foundation’s arguments thwarted in New York case of Nazi-looted Schiele

Posted on: March 17, 2022 by Stephanie Drawdy

Just a year before the Spanish flu claimed him in 1918, Austrian Expressionist Egon Schiele used hues of orange and red to portray his wife as she looked away, hands folded (left). Some 20 years later in Nazi-occupied Vienna, this portrait would be looted. And now, over 80 years after that, the work is the […]

New York class action alleges NYPD treats art like litter

Posted on: August 4, 2021 by Stephanie Drawdy

On 10 April 2021, the New York City Police Department launched a city-wide graffiti clean-up campaign. One of its first orders of business: the documented destruction of a mural titled Death From Above that allegedly had been in place on a Brooklyn wall with permission for over a decade. The New York City Police Department’s […]

Copyright in America

Posted on: April 20, 2021 by Alexander Herman

Every so often, we take a peek at the copyright situation in the USA. There are many reasons for this. Stateside, art and copyright cases are more plentiful than in the UK (and much of the world), perhaps because there is more at stake financially or simply because the culture is more litigious. Additionally, the […]

U.S. Supreme Court declines to review 5Pointz ruling

Posted on: November 13, 2020 by Stephanie Drawdy

The 5Pointz case has now been confirmed as viable authority in favor of artists’ rights in the United States. In early October, the U.S. Supreme Court declined to hear the petition for certiorari filed by developers Gerald Wolkoff and several of his real estate entities, thereby eliminating the last appellate hope the developers had to […]

5Pointz case stayed pending petition to U.S. Supreme Court

Posted on: June 12, 2020 by Stephanie Drawdy

A nearly seven-year long legal battle over the rights of aerosol artists that played out before the New York courts and resulted in a $6.75 million judgment in favor of the artists has taken yet another turn. In 2018, a ground-breaking judgment was handed down against a group of New York developers for willful removal […]

Measured Relaxation of AAMD Restrictions Provides Some Flexibility for US Museums Navigating COVID Impacts

Posted on: May 29, 2020 by Megan Noh

Approximately one month ago, the Association of American Museum Directors (AAMD) announced that its Board of Trustees had passed a series of resolutions relaxing certain restrictions on its member institutions. For a 24-month period, AAMD will not sanction or censure member institutions who, for general operating expenses, draw on the following sources: Income (but not […]

Recent US court case sheds light on copyright law and tattoos

Posted on: May 8, 2020 by Charlotte Dunn

In a recent US judgment, the court addressed the tricky topic of copyright and tattoos. This is an area in which many uncertainties and questions arise. Are tattoos copyright works? If so, who owns that copyright? How does copyright impact the tattooed individual’s ability to publicise their likeness and express themselves freely? The case in […]

Application of HEAR Act brought into question by U.S. Supreme Court’s refusal to review Picasso restitution case

Posted on: April 17, 2020 by Stephanie Drawdy

The U.S. Supreme Court seemed inclined to fold its arms and look out the proverbial window when it recently refused to review a case that time-barred a restitution claim over a Picasso sold in late 1930s Europe. By its refusal, America’s highest court has raised questions over the application of the Holocaust Expropriated Art Recovery […]

5Pointz appeal marks quantum shift in U.S. copyright law

Posted on: March 18, 2020 by Stephanie Drawdy

The appeal of a multi-million dollar award in favor of a group of artists that made headlines in 2018 was recently decided by a U.S. appeals court. The question looming for the last two years in the precedential case known as 5Pointz: would a New York developer be required to pay over $6 million in […]

IAL in New York City – Event on international exhibitions

Posted on: March 11, 2020 by Alexander Herman

Bright lights, big city. On 27 February, the IAL partnered with the Art Law Committee and European Affairs Committee of the New York City Bar Association to present an event on international art exhibitions in New York. The proceedings ran in the Main Hall of the Bar’s neo-classical headquarters on West 44th Street in midtown […]