On April 2, 2021, the United States Court of Appeals for the Second Circuit ruled in favor of the Metropolitan Museum of Art when it held in a summary order that the Met’s use of a 1982 photograph of famed guitarist Eddie Van Halen (the “Photograph”) in an online catalogue
Continue Reading You Really Got Me: Second Circuit Rules in Favor of Met Museum in Fair Use Case Involving Photograph of Van Halen

On February 3, 2021, the U.S. Supreme Court ruled unanimously in favor of Germany in a dispute over whether American courts may preside over a lawsuit brought by the heirs of German Jewish art dealers who alleged that the Nazi regime coerced the 1935 sale of certain artworks.

Background

As
Continue Reading The U.S. Supreme Court Unanimously Holds in Favor of Germany and Against Heirs of German Jewish Art Dealers in Case Involving Nazi-Era Sale of Guelph Treasure

The New York Times reported on Tuesday, November 10, that the Metropolitan Museum of Art elected Candace K. Beinecke as co-chair of its board of trustees, making her the museum’s first female chair.  Ms. Beinecke, the senior partner and former chair of Hughes Hubbard & Reed, will jointly lead the
Continue Reading Met Museum Elects Hughes Hubbard’s Candace K. Beinecke as its First Woman Chair

Robert Cenedella – a satirical American artist – has apparently decided not to replead his antitrust case against five major New York City museums. On December 19, 2018, Judge John G. Koeltl of the Southern District of New York dismissed Cenedella’s class action complaint, but gave him the opportunity
Continue Reading Failed Antitrust Case Against World-Class Museums or an Artist’s Veiled Publicity Stunt?

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
Continue Reading Can a Tax-Exempt Arts Organization Take a Political Position?