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A six-member jury has returned an advisory verdict finding that a property developer violated more than twenty graffiti artists’ “right of integrity” under the Visual Artists Rights Act (“VARA”) when it whitewashed a building bearing nearly fifty of those artists’ works....
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The Ninth Circuit has pending before it a significant challenge to the validity of the California Resale Royalty Act (“CRRA”), which will require the court to examine the scope of the “first sale doctrine” and determine whether it is at odds with California’s attempt to establish economic rights for visual artists on subsequent sales of their works.

On July 11, 2017, Hughes Hubbard & Reed LLP hosted a brown-bag lunch on the business and law of auction houses.  The Fine Arts Committee of the New York State Bar Association’s Entertainment, Arts & Sports Law Section sponsored the event.

The lunch’s panel included Sherri Cohen, Director of Trusts and Estates at Bonhams; Margaret J.…

The short answer is yes.1 Nonprofit organizations with tax-exempt status should not lose that status if, in furtherance of their exempt purpose, they speak out about issues affecting their constituents and the communities they serve.  While nonprofit organizations are absolutely barred from political campaigning, if the actions fall under their stated mission they can…

A newly enacted federal statute is intended to facilitate loans of art to U.S. museums from government-owned museums abroad, by protecting the art from private claimants while in the U.S.  In recent years, fear that a U.S. court might order the seizure of artworks loaned to a U.S. museum for the benefit of claimants to…

As street art – typically painting or drawing on someone else’s wall – grows in status in art circles,1 street artists are finding that their work is increasingly being exploited without their permission. While a number of these artists have attempted to assert copyright2 or Visual Artists Rights Act (“VARA”) rights to protect their work, courts…

The lawsuit1 recently filed by the Mayor Gallery against the authors and sponsors of the Agnes Martin catalogue raisonné illustrates the ongoing legal risks faced by scholars and other agents who volunteer to authenticate artworks.

Authenticators play a valuable role in the fine art market by providing assurance to collectors, which promotes the purchase and sale…

An erroneous copying of a judicial opinion led the Seventh Circuit to reverse a decision about an erroneous copying of a portrait.

Jesus Muhammad‐Ali, the grandson of deceased Nation of Islam leader Elijah Muhammad, painted a portrait of the current leader, Louis Farrakhan, at his request.  Ali registered a copyright of that commissioned portrait in 1986.

The…