Do Market Players React to Court Decisions Impacting Art?
Release Date: 07/05/2023
The Ins and Outs of Art Finance
The Art Law Podcast
Steve and Katie speak with former SCH colleague Rebecca Fine, now CEO of Athena Art Finance, about her career, how art finance is structured and diligenced, who art finance is for, and the risks that Athena and other lenders try to mitigate. Notes for this episode: Follow the Art Law Podcast Instagram: TikTok: Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.
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Enforceability and Effectiveness of Art Market Resale Restrictions
The Art Law Podcast
Katie and Steve speak with preeminent art advisor Megan Fox Kelly about the proliferation of resale restrictions in art transactions, what problems they seek to address, who they purport to help, how effective they are, and the legal issues they raise. They discuss the overlapping cultural, social, and legal aspects of these contractual terms. Notes for this episode: Follow the Art Law Podcast Instagram: TikTok: Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.
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France v. USA: Legal Remedies for Authentication Disputes
The Art Law Podcast
Steve and Katie speak with two preeminent French art lawyers, Anne-Sophie Nardon and Olivier de Baecque, about disputes surrounding the authenticity of art and how French and US courts get involved in these disputes. Because many of the world’s greatest artists made their home in France, many of the experts on these artists and their work are in France, and French courts have long adjudicated disputes about the accuracy of opinions made by experts regarding authenticity. Notes for this episode: Follow the Art Law Podcast Instagram: TikTok: Katie and Steve discuss...
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Season End Art Law Roundup
The Art Law Podcast
Steve and Katie discuss several art law topics in this end-of-season episode. They talk about internal thefts at the British Museum, the ongoing Victorious Youth litigation between Italy and the Getty Trust, the Damien Hirst backdating scandals, the litigation between the Manhattan DA and the Art Institute of Chicago, and the recent litigation between the Donald Judd Foundation and Kim Kardashian. End-of-season message from Steve and Katie: Thank you to all of our listeners for your support, and we look forward to bringing you season 8 in September! Notes for this episode: ...
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Italy’s Expansive Control Over Cultural Heritage
The Art Law Podcast
Steve and Katie speak with Italian lawyer Giuseppe Calabi and art historian Sharon Hecker about Italy’s cultural patrimony laws granting state institutions control over the use of images of cultural property long in the public domain. They discuss the legal, ethical, and practical issues with such laws and their specific application to uses of the Vitruvian Man by Leonardo da Vinci located at the Gallerie dell'Accademia in Venice and the statue of David by Michelangelo located at the Gallerie dell'Accademia in Florence. Notes for this episode: ...
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The 25th Anniversary of the Washington Conference Principles and Where We are on Nazi-Looted Art
The Art Law Podcast
Steve and Katie talk with their colleague, Tom Kline, about the Nazi’s program of remaking European culture, the enormous theft and displacement of art that occurred as part of that program, and the efforts of the heirs of Jews displaced during World War II to reclaim art and cultural property. The discussion focuses on the Washington Principles, the updated best practices issued upon their 25th anniversary, and how claims for restitution have changed over this time. Notes for this episode: Follow the Art Law Podcast Instagram: TikTok:
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The Native American Graves Protection and Repatriation Act Gets Some Teeth
The Art Law Podcast
Katie and Steve speak with colleague Eden Burgess about the Native American Graves Protection and Repatriation Act (NAGPRA), its history, purpose, and requirements to repatriate cultural property and human remains to Native American tribes and Native Hawaiian Organizations, as well as new regulations that are leading major museums to remove or close exhibitions of Native American and Hawaiian objects while taking action to implement NAGPRA in consultation with tribes that have ownership claims. Notes for this episode: Follow the Art Law Podcast Instagram: TikTok:
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The Parthenon Marbles Dispute
The Art Law Podcast
Katie and Steve take a deep dive into the history and current status of the Parthenon Marbles with Alexander Herman, director of the Institute of Art and Law in London and author of the recent book The Parthenon Marbles Dispute: Heritage, Law, Politics. Notes for this episode: Follow the Art Law Podcast Instagram: TikTok:
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Art Law Litigation Updates: Fraud, Fair Use, and Nazi Looting
The Art Law Podcast
Katie and Steve discuss three recent litigation updates. They discuss the outcome of the trial in the case brought by Dmitry Rybolovlev against Sotheby’s for aiding in the alleged fraud of Yves Bouvier, the most recent Richard Prince fair use copyright infringement cases brought by two photographers, and the Ninth Circuit decision applying Spanish law to deny return of a Pissarro painting to the family of Lily Cassirer, whose property was looted by the Nazis and is currently located in a Spanish museum. Notes for this episode: Follow the Art Law Podcast Instagram: ...
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2023 AI and Art Wrap Up
The Art Law Podcast
Steve and Katie take a look at the many developments around generative AI and fine art, including debates and litigation on copyrightability and infringement as well as the policy concerns surrounding increased use of generative AI to create artworks. Notes for this episode: Follow the Art Law Podcast Instagram: TikTok:
info_outlineKatie and Steve speak with WIPO economists Alexander Cuntz and Matthias Sahli about their recent article, Intermediary liability and trade in follow-on innovation, published in the Journal of Cultural Economics in February 2023. Their research looks at how intermediaries in the art market altered their behavior after the Second Circuit’s decision in Cariou v. Prince, which was seen as greatly expanding permissible fair use in appropriation art. THIS PODCAST WAS RECORDED BEFORE THE SUPREME COURT’S DECISION IN THE WARHOL CASE, WHICH PULLED BACK ON THE TRANSFORMATIVE USE ANALYSIS FOR COPYRIGHT FAIR USE.
Notes for this episode: http://artlawpodcast.com/2023/07/05/do-market-players-react-to-court-decisions-impacting-art/
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