08 April 2019

Art@Law | Constantine Cannon

Europe

Can the Art World Kick its Addiction to Tobacco Sponsorship?: When it comes to donations, the world’s art museums currently find themselves in a no-win situation. Last month, London’s National Portrait Gallery refused a GB£1 million grant from the Sackler Trust. Since then, other major museums – including Tate, the Guggenheim and the Jewish Museum in Berlin – have also refused to accept gifts from the Sacklers. 

05.04.2019, Frieze: Can the Art World Kick its Addiction to Tobacco Sponsorship?  

03.04.2019, The Art Newspaper: Jewish Museum Berlin says it would no longer accept Sackler family donations  

Shippers welcome new EU grace period for imports and exports in the event of a no-deal Brexit: The change means that for UK hauliers permits will not be required for the vast majority of journeys to the EU for the rest of this year. The UK has already announced that it will grant equivalent access to the UK for EU airlines, hauliers and passenger transport operators. 

04.04.2019, Antiques Trade Gazette: Shippers welcome new EU grace period for imports and exports in the event of a no-deal Brexit  

Appeal to help find missing painting after prolific pensioner art thief jailed: Paul Whiting, 73, of Hounslow in west London, was sentenced at Isleworth Crown Court after he stole Park by the artist Frederick Deane (b.1924) from a west London club. The painting, valued at around £5000, is still missing and the police are appealing for its return. 

04.04.2019, Antiques Trade Gazette: Appeal to help find missing painting after prolific pensioner art thief jailed  

In an Effort to Fight Money Laundering, the EU Parliament Wants to Scrap the Freeport System: The European Parliament has called for freeports—venues that store art and other valuables tax-free—to be phased out in the European Union after a yearlong investigation into tax avoidance in the wake of scandals including the Panama Papers and LuxLeaks. The closure of the high security storage facilities, of which there are more than 80 in the EU, could have wide-ranging implications for financial transparency within the bloc, where it is estimated that around €110 billion ($123 billion), or one percent of the EU’s total GDP, is laundered each year. 

03.04.2019, Artnet: In an Effort to Fight Money Laundering, the EU Parliament Wants to Scrap the Freeport System  

‘I would give my head to be cut off—like Holofernes!’ Eric Turquin on the Caravaggio attribution: “We live for a discovery like this,” says the Old Master paintings specialist Eric Turquin of Judith and Holofernes (around 1607), a previously lost work now attributed to Caravaggio. The work was found, water damaged and filthy but intact, in 2014 in Toulouse. After cleaning and presentation to the Louvre, it was export barred until late 2018, when the museum granted it a licence. Turquin researched the painting and its provenance, and is convinced it is the long-lost work that disappeared from the Netherlands in 1619. 

03.04.2019, The Art Newspaper: ‘I would give my head to be cut off—like Holofernes!’ Eric Turquin on the Caravaggio attribution  

Investigators Recover Jewels Taken From Rome’s Etruscan Museum: On Tuesday, Italian officials held a news conference to announce the conclusion of what Italy’s carabinieri art theft squad called “Operation Villa Giulia,” which led to the recovery of the stolen artifacts, as well as the identification of the thieves, who are now standing trial in Rome. 

02.04.2019, The New York Times: Investigators Recover Jewels Taken From Rome’s Etruscan Museum  

Sotheby’s and Old Master dealer reach out of court settlement over disputed Frans Hals painting: Sotheby’s was due to begin a High Court trial with Mark Weiss Limited on April 1 but the parties have settled with Weiss paying $4.2m to Sotheby’s without any admission of liability.  

02.04.2019, Antiques Trade Gazette: Sotheby’s and Old Master dealer reach out of court settlement over disputed Frans Hals painting  

01.04.2019, Bloomberg: Art Dealer Pays $4.2 Million to Settle ‘Fake’ Old Master Dispute  

03.04.2019, The Times: Sotheby’s wins £3.2m from art dealer after selling his ‘fake’ old master  

03.04.2019, Le Journal des Arts: Faux Hals, le vendeur rembourse Sotheby’s

United States

Anna Delvey Tried to Con Bankers Into Lending Her Millions of Dollars to Open an Art Foundation, Witnesses Say: The contemporary art center and social club that alleged con artist Anna Sorokin, aka Anna Delvey, pitched to potential investors and lenders has become a major focus in her ongoing trial in New York State Supreme Court.  

08.04.2019, Artnet: Anna Delvey Tried to Con Bankers Into Lending Her Millions of Dollars to Open an Art Foundation, Witnesses Say  

Mercedes-Benz sued four artists whose murals appeared in its Instagram posts.: Mercedes-Benz USA is suing the artists Daniel Bombardier, Maxx Gramajo, James “Dabls” Lewis, and Jeff Soto, whose murals appeared in photographs the company posted on Instagram in 2018. The company claims the artists have threatened to sue for copyright infringement, and are seeking a judge’s ruling asserting that the images do not constitute infringement. 

02.04.2019, Artsy: Mercedes-Benz sued four artists whose murals appeared in its Instagram posts.  

High court passes on Academy of Art University fraud case, letting it proceed: The U.S. Supreme Court rejected a bid Monday from the Academy of Art University in San Francisco that could have halted a decadelong case by former employees who say the school cheated the government out of millions of dollars in student loans and grants. 

01.04.2019, The San Francisco Chronicle: High court passes on Academy of Art University fraud case, letting it proceed

World

Crash-Proof: 3 Tips on How to Stay Ahead of the Art Market During a Recession: Beneath the big-money rumblings of last November’s New York auctions—a bellwether slate of sales unfolding just a few weeks after the 10-year anniversary of the Great Recession dredged up memories of titanic losses—it wasn’t hard to hear a consistent, if sotto voce, stream of concern about a looming market downturn. The chatter only grew louder after several of the week’s marquee lots were greeted by lackluster demand or failed to find buyers entirely, dimming sentiment on the decent yet somewhat uninspiring overall results—and perhaps on the market’s prospects as a whole in 2019. 

08.04.2019, Artnet: Crash-Proof: 3 Tips on How to Stay Ahead of the Art Market During a Recession 

Why more artists face jail around the world: The contemporary artist Luis Manuel Otero Alcântara was sitting peacefully on the steps of the El Capitolio building in Havana when the police came for him. He was arrested ahead of a protest against a law that subjects all creative activity in Cuba to state approval. 

05.04.2019, The Financial Times: Why more artists face jail around the world  

Museums in the changing world order: Restitution to Africa reaches tipping point: When Felwine Sarr and Bénédicte Savoy delivered their report last November, its uncompromising recommendations caught many European museum leaders off-guard. Commissioned following President Macron’s clarion 2017 declaration in Ouagadougou, Burkina Faso, the authors advocate for full restitution and transfer of legal title of objects from sub-Saharan Africa held in French public museums, if requested and if secured in questionable circumstances. Much of the material, they argue, is of enduring significance to the communities from which they were wrested, often in brutal circumstances, leaving their creators’ descendants bereft of critical connections to the past.  

05.01.2019, The Art Newspaper: Museums in the changing world order: Restitution to Africa reaches tipping point 

Activists to stage alternative biennial in Havana: A group of Cuban artist­-activists plan to stage another alternative event during the run of the official Havana Biennial, which is due to open on 12 April after a year’s delay. The independent project is being organised in protest at a recently passed law known as Decree 349, which requires artists to receive approval from the Cuban government before their projects are mounted. 

04.04.2019, The Art Newspaper: Activists to stage alternative biennial in Havana 

Brazil’s art market emboldened by Bolsonaro as São Paulo’s SP-Arte fair opens: The cultural policies of Brazil’s far-right president, Jair Bolsonaro, have troubled the art world since he took office in January. Yet his financial reforms—the platform on which he largely ran his presidential campaign last year—may bolster business for Latin America’s largest economy, despite growing concerns over potential censorship, some dealers say. 

02.04.2019, The Art Newspaper: Brazil’s art market emboldened by Bolsonaro as São Paulo’s SP-Arte fair opens  

Two years later and no sign of the Lindauers?: Two years ago, on the morning of Saturday, 1 April 2017, a stolen Ford Courier utility vehicle drove up Parnell Road close to the city centre in Auckland, New Zealand between 3:30 and 4:00 am.  As it neared the International Art Centre, it then turned and reversed twice into a large plate glass window, at the front of the gallery.  Having smashed in the window, the driver of the Ford and a second suspect, who appeared on the scene at the same time driving a white 2016 Holden Commodore, entered the gallery through the broken window. 

01.04.2019, ARCA: Two years later and no sign of the Lindauers?

NOTE: Please note that most excerpts come from the original publication and any credit must go to the author of the publication, not to Constantine Cannon LLP.  Any views or opinions expressed in the excerpts and/or articles belong solely to the author of the publication.  Constantine Cannon LLP does not approve or endorse any view or opinion contained therein.  Due to some copyright restrictions, please doot redistribute this email without our consent.  Should you like to include someone in the mailing list, please let us know.  We will be happy to do it! If you do not wish to receive the Art Law News Update, please unsubscribe through the link below.