We recently reported on the Warhol Foundation’s petition to the United States Supreme Court to review the Second Circuit’s decision in Andy Warhol Found. for Visual Arts, Inc. v. Goldsmith, 11 F.4th 26 (2d Cir. 2021). On March 28, 2022, the Supreme Court granted certiorari, which means the Court
Continue Reading SCOTUS Update: U.S. Supreme Court Will Hear Warhol v. Goldsmith Copyright Case Next Term
Taking the “Fun” Out of Non-Fungible Tokens: Could Securities Laws Apply to NFTs?
As many know by now, non-fungible tokens (“NFTs”) are unique units of data stored on a blockchain that have become an increasingly popular way to buy and sell artwork (as well as all kinds of other things). Although NFTs have existed since around 2014, the NFT market exploded last year,
Continue Reading Taking the “Fun” Out of Non-Fungible Tokens: Could Securities Laws Apply to NFTs?
Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?
In a controversial decision in March 2021, the United States Court of Appeals for the Second Circuit held that a 1984 series of silkscreen paintings by the pop artist Andy Warhol depicting the musical legend Prince (the “Prince Series”)—based on a 1981 photograph of Prince by Lynn Goldsmith (the “Prince
Continue Reading Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?
Swiss Miss: The Second Circuit Rejects Application of Expropriation Exception to Seizure of Antiquities by Swiss Law Enforcement Officers
On June 8, 2021, the United States Court of Appeals for the Second Circuit ruled in Beierwaltes v. Federal Office of Culture of the Swiss Confederation that the temporary seizure in Geneva of antiquities belonging to Colorado-based art collectors conducted by Swiss authorities, as part of a Swiss police investigation,
Continue Reading Swiss Miss: The Second Circuit Rejects Application of Expropriation Exception to Seizure of Antiquities by Swiss Law Enforcement Officers
UPDATE—New York Court Awards Statutory Prejudgment Interest to Grünbaum Estate’s Heirs
For those who believe that one today is worth two tomorrows, prejudgment interest offers a significant judicial remedy. In an unprecedented holding on July 12, 2021, the Commercial Division of the New York State Supreme Court, County of New York, applied the prejudgment rule in favor of the rightful owners
Continue Reading UPDATE—New York Court Awards Statutory Prejudgment Interest to Grünbaum Estate’s Heirs
Hughes Hubbard’s Art Practice Again Recognized by Chambers
For the second year running, Hughes Hubbard was recognized as one of the nation’s leading law firms for Art and Cultural Property Law in Chambers High Net Worth guide, which focuses on the private wealth sector.
HHR was again ranked in the second-highest band among the top firms nationwide, acknowledged
Continue Reading Hughes Hubbard’s Art Practice Again Recognized by Chambers
You Really Got Me: Second Circuit Rules in Favor of Met Museum in Fair Use Case Involving Photograph of Van Halen
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
American Graffiti: Artist Moves to Protect Street Art Across New York City
On June 1, 2021, Michael McLeer, a New York City-based street artist who goes by “Kaves,” filed a putative class action in the Eastern District of New York against the New York City Police Department (“NYPD”) and the City of New York.[1] McLeer alleges that the NYPD’s graffiti cleanup
Continue Reading American Graffiti: Artist Moves to Protect Street Art Across New York City
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
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
Art Institutions Will Not Find Financial Relief Under Business Interruption Insurance Policies In U.S. Courts—Where Will They Find It?
After nationwide government shutdown orders forced museums, galleries, theaters and other performance venues—as well as restaurants and other places of public accommodation—to close their doors, many organizations turned to business interruption insurance policies to try to recover some of their devastating financial losses. As previously covered on this blog in
Continue Reading Art Institutions Will Not Find Financial Relief Under Business Interruption Insurance Policies In U.S. Courts—Where Will They Find It?