l. to r. Dan Weiner, Michael Salzman, Derek J.T. Adler and Meaghan Gragg

For the fourth year running, the Chambers High Net Worth guide, which focuses on the private wealth sector, recognized HHR as one of the nation’s leading law firms for Art and Cultural Property Law. Chambers ranked HHR’s

Continue Reading Hughes Hubbard’s Art Practice Recognized by Chambers for Fourth Straight Year

Generative Artificial Intelligence (AI) tools—defined by the U.S. Copyright Office as  technology that is “capable of producing outputs such as text, images, video, or audio (including emulating a human voice) that would be considered copyrightable if created by a human author”[1]—are trained by analyzing vast amounts of data

Continue Reading U.S. Copyright Office Examines Copyright and Generative AI

On May 9, 2024, in a 6–3 decision, the United States Supreme Court held that the Copyright Act does not limit monetary damages for copyright infringement to those incurred within the three-year statute of limitations: “There is no time limit on monetary recovery,” the Supreme Court declared, “[s]o a copyright

Continue Reading The U.S. Supreme Court Puts the Remedial Cart Before the Horse:  No Time Limit Exists on Monetary Recovery for Timely Copyright Infringement Claims, but What Claims Qualify as Timely?

Art may be in the eye of the beholder, but art valuation for tax purposes is in the eye of the IRS.

Improper deductions based on inflated art valuations are now in the agency’s crosshairs, part of an ongoing expansion of audit and investigations into charitable deductions for art

Continue Reading Avoiding IRS Art Donation Audits Requires an Up‑Front Checklist

On August 18, 2023, the Second Circuit held that Vermont Law School’s permanent concealment of two controversial murals located at the school did not violate the mural creator’s rights under the Visual Artists Rights Act of 1990 (“VARA”).[1] In a unanimous opinion authored by Circuit Judge Debra Ann Livingston

Continue Reading Second Circuit’s Decision in Kerson v. Vermont Law School May Embolden Property Owners to Conceal Contentious or Inconvenient Art

A September 27, 2023 decision by a Manhattan trial court, Aicon Art LLC v. Aicon Contemporary LLC, No. 650580/2023, 2023 N.Y. Slip. Op. 33340(U) (N.Y. Sup. Ct. Sept. 27, 2023), involving a dispute between two businesses located in the same art gallery, serves as a reminder to New York

Continue Reading Aicon Art LLC v. Aicon Contemporary LLC:  A Reminder About the Importance of Knowing Who the Client Is

They’re apples and oranges.  That’s the message, at least, that U.S. District Judge Robert N. Scola, Jr. sent on June 9, 2023 by granting Italian artist Maurizio Cattelan’s motion for summary judgment in a copyright lawsuit fellow artist Joseph Morford brought against him in the Southern District of Florida.[1]

Continue Reading Apples and Oranges: District Court Grants Maurizio Cattelan’s Summary Judgment Motion in Copyright Claim Against His Art Basel Banana

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince[1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. District Court for the Southern District of

Continue Reading Fair Use: Graham v. Prince and Warhol v. Goldsmith

While 2022 held several lessons for art market participants – from NFTs to Treasury regulations – the end of the year brought a reminder particularly for antiquities collectors of the need to carefully consider the provenance and history of objects in their collections. According to a recent New York Times article

Continue Reading The Return of Looted Art: Warnings from 2022

The sudden emergence of the COVID-19 pandemic in the U.S. in March 2020 forced performance venues, auction houses and event spaces to cancel events, depriving artists and venues of thousands, and in some cases, millions of dollars.  When the inevitable lawsuits ensued, and plaintiffs demanded compensation for non-performance of their
Continue Reading Courts on Both Coasts Find that the COVID-19 Pandemic Falls Within “Force Majeure” Clauses

During Art Basel Miami Beach in December 2019, Italian artist and provocateur Maurizio Cattelan[1] duct-taped a banana onto a white wall. Within hours, his work, Comedian, sold for $120,000, went viral, and became that year’s perhaps most discussed artwork.[2] On January 4, 2021, pro se plaintiff Joe
Continue Reading Copyright Goes Bananas: District Court Rejects Maurizio Cattelan’s Motion to Dismiss Copyright Claim Against His Taped Banana