Katie 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/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie 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: <a href="http://artlawpodcast.com/2023/07/05/do-market-players-react-to-court-decisions-impacting-art/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2023/07/05/do-market-players-react-to-court-decisions-impacting-art/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Do Market Players React to Court Decisions Impacting Art?

Katie and Steve talk to Philippa Loengard, copyright expert and Director of the Kernochan Center for Law, Media and the Arts at Columbia Law School, about the much-anticipated Supreme Court decision in Andy Warhol Foundation v. Goldsmith, which resets and limits the applicability of “transformative” fair use as an exception to copyright infringement.   Notes for this episode: http://artlawpodcast.com/2023/06/05/scotus-says-warhol-not-so-fast-the-limitations-of-transformative-use/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve talk to Philippa Loengard, copyright expert and Director of the Kernochan Center for Law, Media and the Arts at Columbia Law School, about the much-anticipated Supreme Court decision in Andy Warhol Foundation v. Goldsmith, which resets and limits the applicability of “transformative” fair use as an exception to copyright infringement. Notes for this episode: <a href="http://artlawpodcast.com/2023/06/05/scotus-says-warhol-not-so-fast-the-limitations-of-transformative-use/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2023/06/05/scotus-says-warhol-not-so-fast-the-limitations-of-transformative-use/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

SCOTUS Says Warhol Not So Fast: The Limitations of Transformative Use

Katie and Steve talk to attorney Emily Poler, founder of Poler Legal, about the recent lawsuit between the iconic French fashion house Hermès and an NFT creator, Mason Rothschild, over Rothschild’s “MetaBirkin” NFTs. Hermès claimed that Rothschild infringed Hermès’ trademark in the name “Birkin.” Hermès prevailed on this claim (and others) in a jury trial earlier this year. Katie, Steve, and Emily discuss the contours of this lawsuit and the reach of trademark law to police fashion brands, copyright’s limitations, and trademark law’s applicability to artistic expression, especially in the context of NFTs.   Notes for this episode: http://artlawpodcast.com/2023/04/04/fashion-nfts-and-artistic-expression/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve talk to attorney Emily Poler, founder of Poler Legal, about the recent lawsuit between the iconic French fashion house Hermès and an NFT creator, Mason Rothschild, over Rothschild’s “MetaBirkin” NFTs. Hermès claimed that Rothschild infringed Hermès’ trademark in the name “Birkin.” Hermès prevailed on this claim (and others) in a jury trial earlier this year. Katie, Steve, and Emily discuss the contours of this lawsuit and the reach of trademark law to police fashion brands, copyright’s limitations, and trademark law’s applicability to artistic expression, especially in the context of NFTs. Notes for this episode: <a href="http://artlawpodcast.com/2023/04/04/fashion-nfts-and-artistic-expression/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2023/04/04/fashion-nfts-and-artistic-expression/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Fashion, NFTs, and Artistic Expression

Steve and Katie speak with Amy Whitaker about her new book with Nora Burnett Abrams, The Story of NFTs: Artists, Technology and Democracy. Amy describes her vision for the promise of NFTs for artists and a more equitable art market and discusses the democratic incentives NFTs create in this world. They discuss NFTs in the context of the current moment of uncertainty around the future of cryptocurrency, the blockchain, and the value of NFTs in general and the potential problems and limitations of NFTs within the fine art ecosystem.   The Story of NFTs: Artists, Technology, and Democracy: https://www.rizzoliusa.com/book/9780847899364/   Notes for this episode: http://artlawpodcast.com/2023/03/01/the-promise-of-nfts-for-artists-and-the-art-market/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Steve and Katie speak with Amy Whitaker about her new book with Nora Burnett Abrams, The Story of NFTs: Artists, Technology and Democracy. Amy describes her vision for the promise of NFTs for artists and a more equitable art market and discusses the democratic incentives NFTs create in this world. They discuss NFTs in the context of the current moment of uncertainty around the future of cryptocurrency, the blockchain, and the value of NFTs in general and the potential problems and limitations of NFTs within the fine art ecosystem. The Story of NFTs: Artists, Technology, and Democracy: <a href="https://www.rizzoliusa.com/book/9780847899364/" rel="noopener nofollow" target="_blank">https://www.rizzoliusa.com/book/9780847899364/</a> Notes for this episode: <a href="http://artlawpodcast.com/2023/03/01/the-promise-of-nfts-for-artists-and-the-art-market/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2023/03/01/the-promise-of-nfts-for-artists-and-the-art-market/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

The Promise of NFTs for Artists and the Art Market

Katie and Steve talk to Spanish art lawyer and scholar, Patricia Fernández, about the history of thousands of artwork seizures during the Spanish Civil War and the Spanish government’s actions with respect to these artworks since then through today.   Notes for this episode: http://artlawpodcast.com/2023/01/17/the-art-seizures-of-the-spanish-civil-war/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve talk to Spanish art lawyer and scholar, Patricia Fernández, about the history of thousands of artwork seizures during the Spanish Civil War and the Spanish government’s actions with respect to these artworks since then through today. Notes for this episode: <a href="http://artlawpodcast.com/2023/01/17/the-art-seizures-of-the-spanish-civil-war/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2023/01/17/the-art-seizures-of-the-spanish-civil-war/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

The Art Seizures of the Spanish Civil War

Steve and Katie speak with appellate litigator David Barrett about the story animating a recent Supreme Court case between the heirs of Lilly Cassirer, who fled Germany in 1939 after surrendering the painting Rue Saint-Honoré Après-midi, Effet de Pluie (Rue Saint-Honoré in the Afternoon, Effect of Rain) by Camille Pissarro to the Nazis, and the Spanish Museum known as the Thyssen-Bornemisza Collection. They discuss the journey of the painting in and out of the United States over a 60-plus-year period before it found its way into the collection of a Spanish museum, the Cassirer family’s efforts to find and reclaim the painting, and the decades-long litigation in California that led to the recent Supreme Court decision overturning a decision of the 9th Circuit applying the Spanish law of adverse possession in favor of the Spanish Museum.   Notes for this episode: http://artlawpodcast.com/2022/12/13/the-60-year-journey-of-a-stolen-pissarro-painting-and-who-gets-to-keep-it/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Steve and Katie speak with appellate litigator David Barrett about the story animating a recent Supreme Court case between the heirs of Lilly Cassirer, who fled Germany in 1939 after surrendering the painting Rue Saint-Honoré Après-midi, Effet de Pluie (Rue Saint-Honoré in the Afternoon, Effect of Rain) by Camille Pissarro to the Nazis, and the Spanish Museum known as the Thyssen-Bornemisza Collection. They discuss the journey of the painting in and out of the United States over a 60-plus-year period before it found its way into the collection of a Spanish museum, the Cassirer family’s efforts to find and reclaim the painting, and the decades-long litigation in California that led to the recent Supreme Court decision overturning a decision of the 9th Circuit applying the Spanish law of adverse possession in favor of the Spanish Museum. Notes for this episode: <a href="http://artlawpodcast.com/2022/12/13/the-60-year-journey-of-a-stolen-pissarro-painting-and-who-gets-to-keep-it/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2022/12/13/the-60-year-journey-of-a-stolen-pissarro-painting-and-who-gets-to-keep-it/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

The 60+ Year Journey of a Stolen Pissarro Painting and Who Gets to Keep It

Katie and Steve discuss some recent art museum-related legal(ish) developments, including New York’s new legislation requiring labeling of Nazi-looted art, the AAMD’s long-awaited changes to its deaccessioning policy, and an unusual gift/sale of part of MoMA’s collection.   Notes for this episode: http://artlawpodcast.com/2022/10/25/some-art-museum-related-updates/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve discuss some recent art museum-related legal(ish) developments, including New York’s new legislation requiring labeling of Nazi-looted art, the AAMD’s long-awaited changes to its deaccessioning policy, and an unusual gift/sale of part of MoMA’s collection. Notes for this episode: <a href="http://artlawpodcast.com/2022/10/25/some-art-museum-related-updates/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2022/10/25/some-art-museum-related-updates/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Some Art Museum-Related Updates

To open Season 6, Katie and Steve discuss the shocking arrest of Jean-Luc Martinez, director of the Louvre in Paris from 2013 to 2021, related to his involvement in the alleged trafficking of antiquities for the Louvre Abu Dhabi with French criminal lawyer Sarah Arpagaus. They discuss cultural property crimes more broadly and take a detour into the world of French criminal law and its striking difference with the system here in the US.   Notes for this episode: http://artlawpodcast.com/2022/09/06/director-of-the-louvre-arrested-and-a-dive-into-french-criminal-law/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

To open Season 6, Katie and Steve discuss the shocking arrest of Jean-Luc Martinez, director of the Louvre in Paris from 2013 to 2021, related to his involvement in the alleged trafficking of antiquities for the Louvre Abu Dhabi with French criminal lawyer Sarah Arpagaus. They discuss cultural property crimes more broadly and take a detour into the world of French criminal law and its striking difference with the system here in the US. Notes for this episode: <a href="http://artlawpodcast.com/2022/09/06/director-of-the-louvre-arrested-and-a-dive-into-french-criminal-law/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2022/09/06/director-of-the-louvre-arrested-and-a-dive-into-french-criminal-law/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Director of the Louvre Arrested and a Dive into French Criminal Law

Steve and Katie speak to anti-money laundering and sanctions expert Paula Trommel of Corinth Consulting about Russian sanctions and their impact on the art market in the short and long term.   Notes for this episode: http://artlawpodcast.com/2022/07/15/russian-sanctions-and-the-art-market/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Steve and Katie speak to anti-money laundering and sanctions expert Paula Trommel of Corinth Consulting about Russian sanctions and their impact on the art market in the short and long term. Notes for this episode: <a href="http://artlawpodcast.com/2022/07/15/russian-sanctions-and-the-art-market/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2022/07/15/russian-sanctions-and-the-art-market/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Russian Sanctions and the Art Market

Katie and Steve speak with Evan Beard, currently Executive Vice President at Masterworks, about fractional ownership of art and new art securitization trends and initiatives, who the issuers and investors in this space are, and what they can achieve through these alternative investment structures.   Notes for this episode: http://artlawpodcast.com/2022/06/09/fractional-ownership-of-art-can-regular-people-own-a-piece-of-the-high-end-art-market/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve speak with Evan Beard, currently Executive Vice President at Masterworks, about fractional ownership of art and new art securitization trends and initiatives, who the issuers and investors in this space are, and what they can achieve through these alternative investment structures. Notes for this episode: <a href="http://artlawpodcast.com/2022/06/09/fractional-ownership-of-art-can-regular-people-own-a-piece-of-the-high-end-art-market/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2022/06/09/fractional-ownership-of-art-can-regular-people-own-a-piece-of-the-high-end-art-market/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Fractional Ownership of Art: Can Regular People Own a Piece of the High End Art Market?

The Art Law Podcast hosts discussions about topics at the intersection of art and law with art lawyers Steve Schindler and Katie Wilson-Milne and their distinguished guests.

Love your podcast. Please do an episode on Artist Resale Royaties!

Droit de Suite!

Nice trailer. Very excited for an entertaining and informative podcast.

The Art Law Podcast

This month, we are updating and rereleasing one of our most popular episodes, Art of the Chase: Inside Art Auctions. In this episode, we take a close look at art auctions – how they work, their place in the art market and the rules and regulations that confine/define them. Auctions at Sotheby’s and Christie’s now regularly net tens and sometimes hundreds of millions of dollars for a single work. Christie’s sold Leonardo da Vinci’s Salvator Mundi painting for $450 million in 2017, still, by far, the highest price ever garnered by a piece of art at auction. At the same time, much about the auction process remains secret. The identity of the buyer and seller is often known only to the auction house, and the reserve price (below which an artwork will not be sold) is known by the auctioneer but not the bidders. While the auctioneer may not sell a work of art below its reserve price, it can bid on the work below the reserve to get the auction going. Steve and Katie discuss these issues and others having to do with regulation, transparency and potential conflicts, and welcome famous Sotheby’s auctioneer Oliver Barker to take us behind the scenes of a big auction.   Notes for this episode: http://artlawpodcast.com/2019/12/02/art-of-the-chase-inside-art-auctions-revisited/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

This month, we are updating and rereleasing one of our most popular episodes, Art of the Chase: Inside Art Auctions. In this episode, we take a close look at art auctions – how they work, their place in the art market and the rules and regulations that confine/define them. Auctions at Sotheby’s and Christie’s now regularly net tens and sometimes hundreds of millions of dollars for a single work. Christie’s sold Leonardo da Vinci’s Salvator Mundi painting for $450 million in 2017, still, by far, the highest price ever garnered by a piece of art at auction. At the same time, much about the auction process remains secret. The identity of the buyer and seller is often known only to the auction house, and the reserve price (below which an artwork will not be sold) is known by the auctioneer but not the bidders. While the auctioneer may not sell a work of art below its reserve price, it can bid on the work below the reserve to get the auction going. Steve and Katie discuss these issues and others having to do with regulation, transparency and potential conflicts, and welcome famous Sotheby’s auctioneer Oliver Barker to take us behind the scenes of a big auction. Notes for this episode: <a href="http://artlawpodcast.com/2019/12/02/art-of-the-chase-inside-art-auctions-revisited/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2019/12/02/art-of-the-chase-inside-art-auctions-revisited/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Art of the Chase: Inside Art Auctions - Revisited

Katie and Steve speak with Jay Sanders, Executive Director and Chief Curator of Artists Space, a vanguard artist-centered arts nonprofit, founded in 1972 and located in New York City, about the devastating impact of the pandemic shutdown on small arts nonprofits, as well as the inspiration and community being cultivated in this moment of hardship.   Notes for this episode: http://artlawpodcast.com/2020/06/01/arts-nonprofits-in-the-pandemic/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve speak with Jay Sanders, Executive Director and Chief Curator of Artists Space, a vanguard artist-centered arts nonprofit, founded in 1972 and located in New York City, about the devastating impact of the pandemic shutdown on small arts nonprofits, as well as the inspiration and community being cultivated in this moment of hardship. Notes for this episode: <a href="http://artlawpodcast.com/2020/06/01/arts-nonprofits-in-the-pandemic/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2020/06/01/arts-nonprofits-in-the-pandemic/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Arts Nonprofits in the Pandemic

On this month’s podcast we discuss the non-economic “moral rights” of artists in the context of the famous 5Pointz aerosol art mecca in Long Island City, Queens that was whitewashed and torn down in 2013. In the ensuing litigation, the aerosol artists asserted violations of their moral rights under the Visual Artist Rights Act, the U.S. moral rights statute. In a surprise to many, they recently won $6.7 million in damages after succeeding on these claims. The art, however, was permanently lost. Steve and Katie discuss the origin and contours of moral rights, how they fit into U.S. copyright law, the story of 5Pointz and the laws around street art and graffiti. They are joined by famous aerosol artist Jonathan Cohen (Meres One), 5Pointz event planner and artist representative Marie Cecile Flageul, and Renee Vara, the artists’ expert in the 5Pointz trial.   Notes for this episode: http://artlawpodcast.com/2018/04/09/5pointz-and-the-moral-rights-of-artists/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

On this month’s podcast we discuss the non-economic “moral rights” of artists in the context of the famous 5Pointz aerosol art mecca in Long Island City, Queens that was whitewashed and torn down in 2013. In the ensuing litigation, the aerosol artists asserted violations of their moral rights under the Visual Artist Rights Act, the U.S. moral rights statute. In a surprise to many, they recently won $6.7 million in damages after succeeding on these claims. The art, however, was permanently lost. Steve and Katie discuss the origin and contours of moral rights, how they fit into U.S. copyright law, the story of 5Pointz and the laws around street art and graffiti. They are joined by famous aerosol artist Jonathan Cohen (Meres One), 5Pointz event planner and artist representative Marie Cecile Flageul, and Renee Vara, the artists’ expert in the 5Pointz trial. Notes for this episode: <a href="http://artlawpodcast.com/2018/04/09/5pointz-and-the-moral-rights-of-artists/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2018/04/09/5pointz-and-the-moral-rights-of-artists/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Moral Rights in Street Art: The 5Pointz Story

On this month’s podcast, we take a close look at art auctions – how they work, their place in the art market and the rules and regulations that confine/define them. Auctions at Sotheby’s and Christie’s now regularly net tens and sometimes hundreds of millions of dollars for a single work. Christie’s recently sold Leonardo da Vinci’s Salvator Mundi painting for $450 million, by far the highest price ever garnered by a piece of art at auction. At the same time, much about the auction process remains secret. The identity of the buyer and seller is often known only to the auction house, and the reserve price (below which an artwork will not be sold) is known by the auctioneer but not the bidders. While the auctioneer may not sell a work of art below its reserve price, it can bid on the work below the reserve to get the auction going. Steve and Katie discuss these issues and others having to do with regulation, transparency and potential conflicts, and welcome famous Sotheby’s auctioneer Oliver Barker to take us behind the scenes of a big auction.   Notes for this episode: http://artlawpodcast.com/2018/05/10/art-of-the-chase-inside-art-auctions/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

On this month’s podcast, we take a close look at art auctions – how they work, their place in the art market and the rules and regulations that confine/define them. Auctions at Sotheby’s and Christie’s now regularly net tens and sometimes hundreds of millions of dollars for a single work. Christie’s recently sold Leonardo da Vinci’s Salvator Mundi painting for $450 million, by far the highest price ever garnered by a piece of art at auction. At the same time, much about the auction process remains secret. The identity of the buyer and seller is often known only to the auction house, and the reserve price (below which an artwork will not be sold) is known by the auctioneer but not the bidders. While the auctioneer may not sell a work of art below its reserve price, it can bid on the work below the reserve to get the auction going. Steve and Katie discuss these issues and others having to do with regulation, transparency and potential conflicts, and welcome famous Sotheby’s auctioneer Oliver Barker to take us behind the scenes of a big auction. Notes for this episode: <a href="http://artlawpodcast.com/2018/05/10/art-of-the-chase-inside-art-auctions/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2018/05/10/art-of-the-chase-inside-art-auctions/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Art of the Chase: Inside Art Auctions

Katie and Steve welcome back to the podcast museum director, art commentator, and art historian Max Anderson to discuss what art museums (now closed) are dealing with during the Covid-19 crisis in terms of mission, funding, audience engagement and an uncertain future. They discuss structural issues and practices pre-existing the pandemic that put pressure on museums’ stated missions and appeal, as well as potential shifts in focus and priority that may come out of this current moment of reorganization and prioritization.   This is the first of several episodes of the Art Law Podcast discussing the impact of the pandemic and its accompanying shut downs on the art world.   Notes for this episode: http://artlawpodcast.com/2020/05/11/art-museums-in-the-pandemic/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve welcome back to the podcast museum director, art commentator, and art historian Max Anderson to discuss what art museums (now closed) are dealing with during the Covid-19 crisis in terms of mission, funding, audience engagement and an uncertain future. They discuss structural issues and practices pre-existing the pandemic that put pressure on museums’ stated missions and appeal, as well as potential shifts in focus and priority that may come out of this current moment of reorganization and prioritization. This is the first of several episodes of the Art Law Podcast discussing the impact of the pandemic and its accompanying shut downs on the art world. Notes for this episode: <a href="http://artlawpodcast.com/2020/05/11/art-museums-in-the-pandemic/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2020/05/11/art-museums-in-the-pandemic/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Art Museums in the Pandemic

On this month’s podcast we discuss the role of science in fine art. Specifically, what can science tell us about a work of art’s origin and authenticity? Can science help us discover fakes and forgeries undetected by traditional connoisseur style observation? We are joined by the famous art scientist Jamie Martin to discuss these issues, recount famous forgery scandals, and delve into his techniques and practices.   Notes for this episode: http://artlawpodcast.com/2018/03/12/what-can-science-tell-us-about-art/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

On this month’s podcast we discuss the role of science in fine art. Specifically, what can science tell us about a work of art’s origin and authenticity? Can science help us discover fakes and forgeries undetected by traditional connoisseur style observation? We are joined by the famous art scientist Jamie Martin to discuss these issues, recount famous forgery scandals, and delve into his techniques and practices. Notes for this episode: <a href="http://artlawpodcast.com/2018/03/12/what-can-science-tell-us-about-art/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2018/03/12/what-can-science-tell-us-about-art/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

What Can Science Tell Us About Art?

On this month’s episode, Steve and Katie dive into the charged topic of censorship. With guest Professor Amy Adler they talk about government and non-government attempts to censor art, what the legal boundaries are and where the law actually has little if nothing to say about censorship of art. They describe applicable First Amendment doctrine, apply it to art and examine particular examples of art “censorship” from the culture wars of the 1990s through today, from both the political right and left.   Notes for this episode: http://artlawpodcast.com/2018/07/02/art-censorship-and-the-first-amendment/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

On this month’s episode, Steve and Katie dive into the charged topic of censorship. With guest Professor Amy Adler they talk about government and non-government attempts to censor art, what the legal boundaries are and where the law actually has little if nothing to say about censorship of art. They describe applicable First Amendment doctrine, apply it to art and examine particular examples of art “censorship” from the culture wars of the 1990s through today, from both the political right and left. Notes for this episode: <a href="http://artlawpodcast.com/2018/07/02/art-censorship-and-the-first-amendment/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2018/07/02/art-censorship-and-the-first-amendment/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Art, Censorship and the First Amendment

Katie and Steve speak with Laura Patten and Michael Shepard about financial crimes, including money laundering, involving art. They discuss high profile examples of art-related financial crime, the reality and challenges of compliance for galleries, dealers and other art market participants, and the regulatory landscape in the U.S. and Europe. Laura formerly worked with the CIA and FBI on high stakes art crime investigations. Michael has worked for years on anti-money laundering and financial crimes investigations and programs. Both now work with Deloitte’s art and finance initiative and financial crimes practice.   Notes for this episode: http://artlawpodcast.com/2019/04/23/art-and-financial-crimes/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve speak with Laura Patten and Michael Shepard about financial crimes, including money laundering, involving art. They discuss high profile examples of art-related financial crime, the reality and challenges of compliance for galleries, dealers and other art market participants, and the regulatory landscape in the U.S. and Europe. Laura formerly worked with the CIA and FBI on high stakes art crime investigations. Michael has worked for years on anti-money laundering and financial crimes investigations and programs. Both now work with Deloitte’s art and finance initiative and financial crimes practice. Notes for this episode: <a href="http://artlawpodcast.com/2019/04/23/art-and-financial-crimes/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2019/04/23/art-and-financial-crimes/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Art and Financial Crimes

This month Katie and Steve talk about a few important art law cases from 2018 ranging from Nazi looting, to Italian fisherman discovering an ancient Greek statue, to the risks catalogue raisonné committees face when offering even indirect opinions on authenticity. The specific cases discussed are Von Saher v. Norton Simon Museum of Art at Pasadena, No. 16-56308 (9thCir. 2018); the Getty Bronze case decided by the Italian Court of Cassation; and Mayor Gallery Ltd. v. The Agnes Martin Catalogue Raisonné LLC, No. 655489/2016, 2018 WL 1638810 (N.Y. Sup. Ct. Apr. 5, 2018).   Notes for this episode: http://artlawpodcast.com/2019/02/06/2018-art-law-litigation-stories/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

This month Katie and Steve talk about a few important art law cases from 2018 ranging from Nazi looting, to Italian fisherman discovering an ancient Greek statue, to the risks catalogue raisonné committees face when offering even indirect opinions on authenticity. The specific cases discussed are Von Saher v. Norton Simon Museum of Art at Pasadena, No. 16-56308 (9thCir. 2018); the Getty Bronze case decided by the Italian Court of Cassation; and Mayor Gallery Ltd. v. The Agnes Martin Catalogue Raisonné LLC, No. 655489/2016, 2018 WL 1638810 (N.Y. Sup. Ct. Apr. 5, 2018). Notes for this episode: <a href="http://artlawpodcast.com/2019/02/06/2018-art-law-litigation-stories/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2019/02/06/2018-art-law-litigation-stories/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

2018 Art Law Litigation Stories

Steve and Katie discuss the Nazis’ complicated and perverse relationship with fine art with attorney and author Nicholas O’Donnell. Nick is the author of the recent book, A Tragic Fate: Law and Ethics in the Battle Over Nazi-Looted Art, which tells the story of stolen and appropriated art in World War II Europe and how the U.S. legal system has been instrumental in dealing with claims for restitution decades later. Steve, Katie and Nick start with the historical landscape in 1930s Europe, and discuss some the most contentious and ongoing disputes.   Notes for this episode: http://artlawpodcast.com/2018/10/01/nazi-looted-art-legal-remedies-and-limitations/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Steve and Katie discuss the Nazis’ complicated and perverse relationship with fine art with attorney and author Nicholas O’Donnell. Nick is the author of the recent book, A Tragic Fate: Law and Ethics in the Battle Over Nazi-Looted Art, which tells the story of stolen and appropriated art in World War II Europe and how the U.S. legal system has been instrumental in dealing with claims for restitution decades later. Steve, Katie and Nick start with the historical landscape in 1930s Europe, and discuss some the most contentious and ongoing disputes. Notes for this episode: <a href="http://artlawpodcast.com/2018/10/01/nazi-looted-art-legal-remedies-and-limitations/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2018/10/01/nazi-looted-art-legal-remedies-and-limitations/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Nazi Looted Art: Legal Remedies and Limitations

Ben Lewis

Katie and Steve talk with Ben Lewis, author of the new book, The Last Leonardo: The Secret Lives of the World’s Most Expensive Painting, about the history and ultimate sale by Christie’s auction house in November 2017 of the painting Salvator Mundi which they attribute to Leonardo Da Vinci for just over $450.3 million.   Notes for this episode: http://artlawpodcast.com/2019/07/01/the-last-leonardo-with-ben-lewis/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve talk with Ben Lewis, author of the new book, The Last Leonardo: The Secret Lives of the World’s Most Expensive Painting, about the history and ultimate sale by Christie’s auction house in November 2017 of the painting Salvator Mundi which they attribute to Leonardo Da Vinci for just over $450.3 million. Notes for this episode: <a href="http://artlawpodcast.com/2019/07/01/the-last-leonardo-with-ben-lewis/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2019/07/01/the-last-leonardo-with-ben-lewis/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

"The Last Leonardo" with Ben Lewis

Steve and Katie have a wide ranging conversation with art historian and former lawyer, Joan Kee, about the topic of her new book, Models of Integrity: Art and Law in Post-Sixties America. Their conversation probes artists’ embrace and rejection of legal structures in contemporary America, as well as artistic indifference about and dependence on the law.   Notes for this episode: http://artlawpodcast.com/2019/10/01/how-artists-mess-with-the-law/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Steve and Katie have a wide ranging conversation with art historian and former lawyer, Joan Kee, about the topic of her new book, Models of Integrity: Art and Law in Post-Sixties America. Their conversation probes artists’ embrace and rejection of legal structures in contemporary America, as well as artistic indifference about and dependence on the law. Notes for this episode: <a href="http://artlawpodcast.com/2019/10/01/how-artists-mess-with-the-law/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2019/10/01/how-artists-mess-with-the-law/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

How Artists Mess with the Law

Steve and Katie discuss two recent art world controversies involving small, local nonprofits seeking to raise money through asset divestment. The di Rosa Center for Contemporary Art in Napa Valley is attempting to deaccession most of its permanent collection of Bay Area art works in the face of vocal art world opposition. In Philadelphia, the proposed sale of the Painted Bride Art Center building by the organization’s board, including its one of a kind mosaic mural façade, has raised public protest and legal challenge. Both entities claim they need funds to continue their mission, while critics say the act of selling off the assets at issue in each case directly undercuts such mission.   Notes for this episode: http://artlawpodcast.com/2019/11/05/arts-organizations-seek-change-via-deaccessioning-the-di-rosa-center-for-contemporary-art-and-painted-bride-art-center/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Steve and Katie discuss two recent art world controversies involving small, local nonprofits seeking to raise money through asset divestment. The di Rosa Center for Contemporary Art in Napa Valley is attempting to deaccession most of its permanent collection of Bay Area art works in the face of vocal art world opposition. In Philadelphia, the proposed sale of the Painted Bride Art Center building by the organization’s board, including its one of a kind mosaic mural façade, has raised public protest and legal challenge. Both entities claim they need funds to continue their mission, while critics say the act of selling off the assets at issue in each case directly undercuts such mission. Notes for this episode: <a href="http://artlawpodcast.com/2019/11/05/arts-organizations-seek-change-via-deaccessioning-the-di-rosa-center-for-contemporary-art-and-painted-bride-art-center/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2019/11/05/arts-organizations-seek-change-via-deaccessioning-the-di-rosa-center-for-contemporary-art-and-painted-bride-art-center/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Arts Organizations Seek Change Via Deaccessioning: The di Rosa Center for Contemporary Art and Painted Bride Art Center

In this episode of the podcast, Steve and Katie are in conversation with Jason Bailey, the founder of the Artnome blog and host of the Dank Rares blockchain art podcast about technology and fine art. With a background in art and tech, Jason is one of the foremost authorities on art and technology. The conversation with Jason is wide-ranging from blockchain, provenance, smart contracts, digital art, cryptocurrency, blockchain-driven auctions, privacy, and generative art.   Notes for this episode: http://artlawpodcast.com/2019/03/04/technologizing-fine-art/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

In this episode of the podcast, Steve and Katie are in conversation with Jason Bailey, the founder of the Artnome blog and host of the Dank Rares blockchain art podcast about technology and fine art. With a background in art and tech, Jason is one of the foremost authorities on art and technology. The conversation with Jason is wide-ranging from blockchain, provenance, smart contracts, digital art, cryptocurrency, blockchain-driven auctions, privacy, and generative art. Notes for this episode: <a href="http://artlawpodcast.com/2019/03/04/technologizing-fine-art/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2019/03/04/technologizing-fine-art/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Technologizing Fine Art

On this bonus episode, Katie and Steve discuss the recent SCOTUS case Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. ___ (2018). In this case, a baker claimed his First Amendment free exercise and free speech rights were violated when he was found in violation of a Colorado statute prohibiting disparate treatment based on sexual orientation in public accommodations for refusing to make and sell a wedding cake to a gay couple. The baker refused to make the wedding cake because of his religious objections to gay marriage. Although the controlling decision of the Supreme Court only dealt narrowly with the baker’s free exercise, religious discrimination claim, free expression issues lurked in the background and were taken up directly and forcefully in Justice Thomas’ partial concurrence. Katie and Steve discuss the free expression part of the case and its real or imagined relationship to artist’s rights and government censorship of art.   The Art Law Podcast is excited to showcase new musical compositions by Chris Thompson. Chris is a New York City-based music producer, arranger, and percussionist, who has been a longstanding member of the renowned contemporary music ensemble, Alarm Will Sound. Chris has also performed, recorded, or arranged for a long list of internationally recognized artists and ensembles. You can learn more about Chris and his music on his website, www.chrispthompson.com, where you can also listen to and purchase his most recent album, Lot Hero.   Notes for this episode: http://artlawpodcast.com/2018/07/27/is-cake-art-and-entitled-to-first-amendment-free-speech-protections/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

On this bonus episode, Katie and Steve discuss the recent SCOTUS case Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. ___ (2018). In this case, a baker claimed his First Amendment free exercise and free speech rights were violated when he was found in violation of a Colorado statute prohibiting disparate treatment based on sexual orientation in public accommodations for refusing to make and sell a wedding cake to a gay couple. The baker refused to make the wedding cake because of his religious objections to gay marriage. Although the controlling decision of the Supreme Court only dealt narrowly with the baker’s free exercise, religious discrimination claim, free expression issues lurked in the background and were taken up directly and forcefully in Justice Thomas’ partial concurrence. Katie and Steve discuss the free expression part of the case and its real or imagined relationship to artist’s rights and government censorship of art. The Art Law Podcast is excited to showcase new musical compositions by Chris Thompson. Chris is a New York City-based music producer, arranger, and percussionist, who has been a longstanding member of the renowned contemporary music ensemble, <a href="http://www.alarmwillsound.com/" rel="noopener nofollow" target="_blank">Alarm Will Sound</a>. Chris has also performed, recorded, or arranged for a long list of internationally recognized artists and ensembles. You can learn more about Chris and his music on his website, <a href="http://www.chrispthompson.com" rel="nofollow" target="_blank">www.chrispthompson.com</a>, where you can also listen to and purchase his most recent album, Lot Hero. Notes for this episode: <a href="http://artlawpodcast.com/2018/07/27/is-cake-art-and-entitled-to-first-amendment-free-speech-protections/" rel="noopener nofollow" target="_blank">http://artlawpodcast.com/2018/07/27/is-cake-art-and-entitled-to-first-amendment-free-speech-protections/</a> Follow the Art Law Podcast Instagram: <a href="https://www.instagram.com/artlawpodcast/" rel="noopener nofollow" target="_blank">https://www.instagram.com/artlawpodcast/</a> TikTok: <a href="https://www.tiktok.com/@artlawpodcast" rel="noopener nofollow" target="_blank">https://www.tiktok.com/@artlawpodcast</a>

Bonus Episode: Is Cake “Art” and Entitled to First Amendment Free Speech Protections?

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