On December 27, 2020, as part of the omnibus spending and COVID-19 relief bill (the Consolidated Appropriations Act, 2021), President Trump signed into law the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the CASE Act of 2020), which establishes a small-claims tribunal within the U.S. Copyright Office to adjudicate
Continue Reading COVID-19 Relief Legislation Includes the CASE Act of 2020, Establishing a Small-Claims Tribunal Within the U.S. Copyright Office

On November 24, 2020, parties to the 5Pointz litigation filed a Stipulated Settlement Agreement Resolving Plaintiffs’ Motion for Attorneys’ Fees and Costs (the “Agreement”), under which the defendant real estate developers agreed to pay over $2 million in attorneys’ fees and court costs to counsel for the aerosol artists of
Continue Reading Update: Attorneys Representing Artists in 5Pointz Litigation to Receive Over $2 Million in Attorneys’ Fees

On November 2, 2020, Judge Allyne Ross of the Eastern District of New York dismissed copyright claims brought by Danish photographer Michael Barrett Boesen against a sports website for its use of an Instagram post by former top-ranked tennis star Caroline Wozniacki that itself used a photograph by Boesen.[1]
Continue Reading Defendant Prevails on “Fair Use” of Embedded Instagram Post

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

On October 30, 2020, the U.S. Department of the Treasury, Office of Foreign Assets Control (“OFAC”), which administers and enforces American economic sanctions, issued an advisory titled “Advisory and Guidance on Potential Sanctions Risks Arising from Dealings in High-Value Artwork” (the “Advisory”).  OFAC considers “high-value” any artwork valued at over
Continue Reading OFAC Issues Advisory on Sanctions Risks in Dealing with High-Value Artwork

For nearly 80 years, Berlin’s Kunstgewerbemuseum, or the Museum of Decorative Arts (formerly the Schlossmuseum), has displayed a collection of medieval religious artwork known as the “Guelph Treasure.”[1]  The museum describes the art, estimated to be worth over $250 million, as “the highlight, the center, the heart of
Continue Reading An Uncertain Fate for the Guelph Treasure

This month, in Cohen v. G&M Realty L.P., the U.S. Supreme Court denied certiorari to Jerry Wolkoff’s GM Realty, which had urged the Court to strike down certain “unconstitutionally vague statutory provision[s]” of the Visual Artists Rights Act of 1990 (“VARA”) on the basis that they leave “property owners
Continue Reading Update: Certiorari Denied in 5Pointz Appeal

Art institutions across the globe have been particularly hard-hit by governmental shutdowns in the midst of the COVID-19 pandemic.  In the United States, not only have shutdowns deprived numerous for-profit and not-for-profit art institutions of their primary source of revenue, but in many cases these institutions’ classification as “non-essential” have
Continue Reading Pardon the Interruption: Potential Paths Forward for Art Institutions Seeking COVID-Related “Business Interruption” Insurance Coverage

On July 29, 2020, the Senate Committee on Homeland Security and Governmental Affairs issued a 150-page bipartisan report that identifies the art market both as the “largest legal, unregulated market in the United States” and a significant weakness in the nation’s sanctions and anti-money laundering regimes.[1]  The Senate Report
Continue Reading Senate Report Documents Russian Oligarchs’ Use of the U.S. Art Market to Launder Money

On June 9, 2020, the Second Circuit effectively terminated Sotheby’s efforts to bring suit against a foreign nation for interference with one of its auctions, reversing and remanding Barnet v. Ministry of Culture and Sports of the Hellenic Republic to the Southern District of New York with instructions to dismiss
Continue Reading Second Circuit Holds that FSIA Bars Suit Against Sovereign Asserting Cultural Patrimony Claim