Europe

Tuymans settlement and copyright exceptions: It was announced last week that two Belgian creators had reached a settlement in a copyright dispute highlighting the role (and limits) of copyright exceptions. One was a photographer, Katrijn Van Giel, who had taken a photograph of Belgian politician Jean-Marie Dedecker that appeared in De Standard newspaper in 2010. It was a fairly unique shot: creatively cropped to reveal only the upper part of the subject’s face against a black backdrop. The other was the celebrated contemporary artist, Luc Tuymans, who had used Van Giel’s photograph as the basis for one of his own works.

05.09.2015, Institute of Art & Law Art Blog:  Tuymans settlement and copyright exceptions

02.09.2015, Artnet News:  Luc Tuymans Reaches an ‘Artistic’ Settlement In His Dirty Plagiarism Case

01.09.2015, The Art Newspaper:  Tuymans and photographer reach amicable agreement in copyright case

French national treasure recovered after 32 years: Stolen in 1982, a large French pastoral tapestry dating to the mid-18th century has been returned to its original home after more than three decades and now hangs in a château in Normandy. The Art Loss Register, the privately run database of stolen and looted art, spotted the wall hanging in the catalogue of a London auction house in February 2014, but the find has only recently been made public after follow-up investigations. Measuring 4.3m by 2m, it was estimated at £7,000-£9,000.

09.09.2015, The Art Newspaper:  French national treasure recovered after 32 years

Nazi-Looted Krzysztof Lubieniecki Painting Returned to Poland: A Krzysztof Lubieniecki painting believed to have been looted by Nazis has been returned to government officials in Poland, the FBI says. Portrait of a Young Man, which was created by the Baroque painter and engraver circa 1728, is thought to have been taken from the National Museum in Poland in October, 1944.

29.09.2015, Lootedart.com:  Nazi-Looted Krzysztof Lubieniecki Painting Returned to Poland

Art-Sales Transparency: A new art market season has begun, and with it another sequence of multimillion-dollar auctions that will amaze and mystify those unacquainted with the inner workings of the art world. Auctions have, for centuries, been a theatrical way to sell art. But over the past two or three years, with the proliferation of high-value guarantees at Sotheby’s and Christie’s flagship contemporary sales — and the complex financial arrangements that go with them — they have become a form of spectacle that even experienced audience members can struggle to fully understand.

25.09.2015, The New York Times:  A Tug of War Over Art-Sales Transparency

Monet devalued by dealer’s Nazi links: A Claude Monet painting that should be worth £10 million may effectively be worthless because of its association with a notorious art dealer, a Sotheby’s director has said.

06.09.2015, The Times:  Monet devalued by dealer’s Nazi links

Restitution as an art in itself: An art exhibition in Norway is built around a work by Henri Matisse, Blue Dress in a Yellow Armchair, and yet the work isn’t even there. The Henie Onstad Museum returned the work in March 2014 to the heirs of Paul Rosenberg, the famous Parisian art dealer whose collection of masterpieces had been looted by the Nazis after the German invasion of May 1940. In fact, it isn’t the only Matisse that has recently gone back to the same heirs, who include well-known French journalist Anne Sinclair. One of the finds from the Gurlitt hoard of 2012 was returned several months ago to the Rosenberg descendants.

02.09.2015, Institute of Art & Law Art Blog:  Restitution as an art in itself

Right Wing Politician Says Anish Kapoor ‘Has Declared War on France’: Anish Kapoor had no idea what he was getting into when he accepted the invitation to install artworks in the gardens of Versailles. On September 30, right wing politician Fabien Bouglé, a local councilman, published an article on the website of Nouvel Observateur in which he claims that the artist “has declared war on France” and urges Kapoor to “stop the war on our country.”

02.09.2015, Artnet News:  Right Wing Politician Says Anish Kapoor ‘Has Declared War on France’

United States

Knoedler fakes case will go to trial, judge orders: In a forgery scandal that shook the art world, the now-shuttered Knoedler Gallery and its former director Ann Freedman will have to go to trial in two cases involving the sale of fake Abstract Expressionist paintings, Manhattan’s federal court ruled on Wednesday, 30 September.  In his three-page order, Judge Gardephe denied the gallery’s and Freedman’s motions for summary judgment in the lawsuits brought by the New York collector John Howard and Sotheby’s chairman Domenico De Sole and his wife, Eleanore. The judge said that his reasons for denying the motions “will be set forth in a forthcoming Memorandum Opinion and Order” but did not specify when.

01.09.2015, The Art Newspaper: Knoedler fakes case will go to trial, judge orders

05.09.2015, Art Market Monitor: Lawyers Fight Freedman Case Ahead of Court

Second Circuit Upholds Damages in Counterfeit Wine Koch Brother Case With Implications for Art Sales: Koch brothers David and William are as well known for their art patronage as certain parts of the family are for political activity, and a decision yesterday by the Second Circuit involving William Koch could extend that influence.  While the case concerned two dozen bottles of allegedly counterfeit wine, the implications on terms of sale and disclaimers will be felt in sales of fine art in New York as well.

01.09.2015, The Art Law Report: In Vino Veritas—Second Circuit Upholds Damages in Counterfeit Wine Koch Brother Case With Implications for Art Sales

Art & Finance: Carlyle’s Olivier Sarkozy is launching an art financing firm, Athena, that will offer loans against art as an asset. This will be the first firm to provide loans in the art market that is founded by two mainstream financial firms, Carlyle and Switzerland’s Pictet.

08.09.2015, Art Market Monitor:  Athena Art Finance Debuts with Backing from Carlyle and Pictet

07.09.2015, Financial Times:  Carlyle and Banque Pictet sketch out big returns from art market

08.09.2015, The New York Times:  Carlyle in Art Financing Venture

Robert Mapplethorpe’s Controversial ‘Man in Polyester Suit’ Photo Sells for $478,000: Once the subject of a political firestorm, Robert Mapplethorpe’s Man in Polyester Suit, a 1980 photo of the artist’s lover Milton Moore, sold last night at Sotheby’s New York for an impressive $478,000. Twenty-five years ago the work was at the centre of criminal proceedings brought against the Cincinnati Art Center and its director for contravening US obscenity laws after the institution had displayed the work along with six other photographs by Mapplethorpe.

08.09.2015, Artnet News:  Robert Mapplethorpe’s Controversial ‘Man in Polyester Suit’ Photo Sells for $478,000

07.09.2015, Institute of Art & Law Art Blog:  Sale today of once-“obscene” Mapplethorpe photo

World

Russian Collector Bequeaths Shady $2 Billion Collection to Vladimir Putin: Guarded by police, an ordinary apartment block in Moscow’s city center is rumored to house a $2 billion art collection which reportedly includes over 1,000 works by Leonardo da Vinci, Michelangelo, Rembrandt and other Renaissance artists. Nina Moleva, the elderly owner of the priceless treasures wants to bequeath the entire collection to Russian president Vladimir Putin.

09.09.2015, Artnet News:  Russian Collector Bequeaths Shady $2 Billion Collection to Vladimir Putin

Museum Group Offers Safe Haven for Threatened Art and Antiquities: In light of the unprecedented destruction of antiquities and cultural heritage around the world, the Association of Art Museum Directors (AAMD) has compiled a list of guidelines to help international cultural institutions safeguard their artworks and archaeological treasures from damage, destruction, and looting during violent conflicts and other crises. The organization, which has 242 members across the United States, Canada, and Mexico, published a list of  protocols on Thursday offering museums around the world whose holdings are under threat from conflict or natural disasters the opportunity to transfer their holdings to any AAMD member institution for safekeeping until conditions for their safe return can be guaranteed.

05.09.2015, Artnet News:  Museum Group Offers Safe Haven for Threatened Art and Antiquities

Strong Sales at Sotheby’s Hong Kong Underscore Art Market Resilience: Despite the ongoing turmoil in Chinese financial markets and a crackdown on corruption, Sotheby’s Hong Kong sales exceeded expectations and yielded several record lots, along with two “white-glove”—100 percent sold—auctions.

05.09.2015, Artnet News:  Strong Sales at Sotheby’s Hong Kong Underscore Art Market Resilience

05.09.2015, Art Market Monitor:  Hong Kong Breathes Sigh of Relief After First Weekend of Sales Shows Solid Results

ISIS Destroys Roman-Era Arch of Triumph as Destruction of Palmyra Rages On: Islamic State’s ideology of systematic cultural destruction in the ancient Syrian city of Palmyra rages on as the militants destroy the city’s Roman-era Arch of Triumph. The historic monument was constructed to commemorate the Roman emperor’s visit to the city 2,000 years ago and was considered to be one of the jewels among the ancient ruins.

08.09.2015, Artnet News:  ISIS Destroys Roman-Era Arch of Triumph as Destruction of Palmyra Rages On

Both sides claim victories in art court battle: A court battle between an artist and a gallery director has ended with both men claiming victories but the artist expecting a hefty payout. Auckland-based artist Stephen Bambury and transtasman gallery director Andrew Jensen were friends for 25 years but fell out in 2010. Mr Bambury claimed his former agent pocketed more than $700,000 for selling works without telling him but Mr Jensen insisted the artist was paid everything he was due.

08.09.2015, The News Zealand Herald:  Both sides claim victories in art court battle