22 April 2019

Art@Law | Constantine Cannon

Europe

Search for UK buyer to pay £11.5m for Old Master drawing blocked from export: Young Man Standing was purchased last year at Christie’s sale of works from the Rugby School collection on December 4. But an export licence for the work has been blocked by the Department for Digital, Culture, Media and Sport (DCMS) which is calling for a new buyer to be found to pay £11.5m and keep it in the country. 

19.04.2019, Antiques Trade Gazette: Search for UK buyer to pay £11.5m for Old Master drawing blocked from export  

Hand of Raphael suspected in Italian Renaissance work: Estimated at €5000-7000, The Holy Family with St John the Baptist child was fought over by bidders at Drouot Estimations on April 12 (24% buyer’s premium including VAT). Penni was a pupil of Raphael and after his death collaborated with fellow Raphael pupil Giulio Romano (1499-1546) to finish commissions together. However, the €1.13m price suggests the bidders may have believed at least part of the drawing could be in the hand of Raphael himself. 

19.04.2019, Antiques Trade Gazette: Hand of Raphael suspected in Italian Renaissance work  

Notebooks of Charles Darwin’s mentor blocked from export by government in hope of finding UK buyer: Considered of “outstanding significance for the development of modern scientific knowledge”, the notebooks were consigned for sale by the executors of Charles 3rd Baron Lyell who died in 2017. However, the Department for Digital, Culture, Media and Sport (DCMS) has halted the sale and is calling for a UK buyer to raise £1.44m to keep them in the country. 

19.04.2019, Antiques Trade Gazette: Notebooks of Charles Darwin’s mentor blocked from export by government in hope of finding UK buyer  

Two stolen Van Goghs go back on display after 14-year ordeal at the hands of Italian gangsters: Two Van Gogh paintings recovered from an Italian mafia-style gang have now been conserved and went back on display at the Van Gogh Museum in Amsterdam on 17 April. View of the Sea at Scheveningen (1882) and Congregation leaving the Reformed Church in Nuenen (1884-85) had been stolen from the museum in 2002 and were recovered three years ago on the outskirts of Naples. 

18.04.2019, The Art Newspaper: Two stolen Van Goghs go back on display after 14-year ordeal at the hands of Italian gangsters  

After UK’s ivory ban, European Commission also considering tighter regulation: The European Commission is consulting on tightening restrictions to the ivory trade within EU Member States. It began by commissioning a 62-page report from the wildlife monitoring network TRAFFIC, issued to stakeholders in January. 

18.04.2019, The Art Newspaper: After UK’s ivory ban, European Commission also considering tighter regulation  

France’s Axa Insured Notre Dame Art, Two Construction Firms: French insurer Axa SA could be on the hook for potential payouts tied to the devastating fire that ripped through Notre-Dame Cathedral, but the government’s ownership of the landmark means the insurance industry could be spared from significant losses tied to the blaze. Axa provided some coverage to two of the companies working on construction projects at the cathedral in Paris, Europe Echafaudage and Le Bras Freres, and its art group was involved in the insurance of certain artifacts and ceremonial objects in the cathedral, a spokeswoman said in an emailed statement. The structure itself, which is classified as a historical monument, is self-insured by the state, not by Axa, she said. 

17.04.2019, Bloomberg: France’s Axa Insured Notre Dame Art, Two Construction Firms  

The treasures and relics of Notre-Dame: As Paris firefighters announced they had finally extinguished the vast blaze that destroyed the lead-covered wooden roof of Notre-Dame cathedral, government and church authorities said more of the monument’s architectural, artistic and religious treasures had been saved from the flames than they previously dared hope. 

16.04.2017, The Financial Times: The treasures and relics of Notre-Dame  

Church and State disagree over management of religious heritage in France: In France, churches traditionally belong to the parishes in which they are located, but were placed at the disposal of the clergy by the 1905 law separating Church and State. This dual administration still causes problems for their maintenance and conservation. “A church is designed for worship, it should not be allowed to become a museum”; says Father Bernard Violle, a member of the diocesan commission for religious art in Paris. “The Church tends to assume that liturgical practice should have priority in a monument, we think the opposite”, says Maryvonne de Saint-Pulgent, head of the department dealing with the national heritage at the Ministry of Culture. 

16.04.2019, The Art Newspaper: Church and State disagree over management of religious heritage in France  

Police appeal for help to trace Frank Auerbach paintings in fraud case: Cumbria Police said that “following new lines of enquiry” an investigation has been launched into an incident of fraud, involving two paintings that were “falsely purchased from a gallery in Cockermouth”. 

15.04.2019, Antiques Trade Gazette: Police appeal for help to trace Frank Auerbach paintings in fraud case  

‘We Are Amplifying the Work’: France Starts Task Force on Art Looted Under Nazis: A new task force in France has been given a broader mandate to search for and return artwork that had been looted or sold under duress during the Nazi occupation, after years of criticism that its restitution efforts were not proactive enough. 

15.04.2019, The New York Times: ‘We Are Amplifying the Work’: France Starts Task Force on Art Looted Under Nazis

United States

A Paris gallery is suing Marlborough Gallery for $18 million.: Paris’s Galerie Enrico Navarra is suing New York’s Marlborough Gallery and seeking more than $18 million in a dispute revolving around a trove of works by the late Chinese-French artist Chu Teh-Chun. The lawsuit, filed in Manhattan Supreme Court last Tuesday, alleges Marlborough Gallery interfered in the Parisian gallery’s agreement with Chu, causing him to denounce a set of 816 ceramic plates he’d made with Galerie Enrico Navarra’s financial support as forgeries. 

18.04.2019, Artsy: A Paris gallery is suing Marlborough Gallery for $18 million.  

As ‘Serial Plaintiffs’ Target Art Gallery Websites for Disability Act Violations, Some Dealers Are Settling—or Scrambling to Get Up to Code: Several New York City art galleries have paid to settle lawsuits brought against them for allegedly violating the 1990 Americans With Disabilities Act because their websites were not fully accessible to hearing or visually impaired persons. 

17.04.2019, Artnet: As ‘Serial Plaintiffs’ Target Art Gallery Websites for Disability Act Violations, Some Dealers Are Settling—or Scrambling to Get Up to Code  

Does a Minnesota college own a portrait by Edvard Munch?: For years, Portrait of Eva Mudocci, an unfinished painting attributed to Edvard Munch—but not accepted by leading scholars of the artist’s work—hung in the dining room of the president’s home on the campus of St Olaf College in Minnesota. Now, scientific research done on the pigments and materials used in the work could confirm the portrait is a genuine work by the Norwegian master, and plans are being made for further scholarly study. 

16.04.2019, The Art Newspaper: Does a Minnesota college own a portrait by Edvard Munch?  

Peter Max’s Studio Is Sued by a Longtime Seller of His Art: A Michigan gallery that has had a long and lucrative relationship with the pop artist Peter Max sued his studio last Monday, alleging breach of contract and misconduct in the sale of “several thousand works of art by Max for several million dollars.” 

15.04.2019, The New York Times: Peter Max’s Studio Is Sued by a Longtime Seller of His Art  

World

The 2019 Havana Biennial is a smokescreen for government censorship: In 1972, at Documenta 5 in Kassel, Germany, Joseph Beuys declared that: “every man is an artist.” In Cuba, during the 2019 Havana Biennial, government officials have taken it upon themselves to decide who is and is not an artist on the island. Those who are, according to the authorities, enjoy the benefits of state-sanctioned exhibitions, like the biennial. Those who are not, among them artists fighting Decree 349—a despotic new law that criminalises the existence of independent artists—suffer vastly different treatment: namely, an escalating campaign of harassment, detention and imprisonment. 

19.04.2019, The Art Newspaper: The 2019 Havana Biennial is a smokescreen for government censorship  

Canadian Museums Association launches $1m programme to recognise indigenous culture: The Canadian Museums Association (CMA), which includes around 2,600 member institutions, announced on Tuesday that it will be awarding more than $1m to a programme that aims at reconciliation and collaboration with indigenous groups. The initiative comes out of a broader movement across Canada to repair relations with First Nations communities following a 2015 report by the Truth and Reconciliation Commission into the damage caused by the residential school system. “It’s time to push the reset button,” the president of the CMA, Karen Bachmann, said at a press event. 

18.04.2019, The Art Newspaper: Canadian Museums Association launches $1m programme to recognise indigenous culture 

Caillebotte storm is quelled, twice over: Last June, a Federal Court decision in Canada caused quite a stir. It related to the export control system that applies in Canada for cultural property and the definition of the term ‘national importance’. As the Institute of Art and Law reported in September, the case involved the attempted export from Canada of an oil painting by French Impressionist Gustave Caillebotte called Iris bleus (1892). The painting was caught by the export system, having been deemed by the Cultural Property Export Review Board (CPERB) to be of ‘outstanding significance’ and of ‘national importance’. The exporter challenged the Board’s decision in judicial review and last June a Federal Court quashed the decision, holding that the Board’s interpretation of ‘national importance’ had been unreasonable. But that Federal Court decision has now been overturned itself, meaning the Board’s original decision will stand. 

17.04.2019, The Institute of Art and Law: Caillebotte storm is quelled, twice over

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