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HTMLAuthenticity and Attribution
Kevin P. Ray; Greenberg Traurig, LLP;
Legal Alert/Article
December 12, 2014, previously published on November 5, 2014
Over the last decade, art authentication experts have left the field at alarming rates, declining to give opinions on works for fear of expensive litigation. The suits brought against them have not only been for negligence or malpractice, but for statements of professional opinion. They may also...

 

HTMLDroit de Suite: California Resale Royalty Revisited
Kevin P. Ray; Greenberg Traurig, LLP;
Legal Alert/Article
December 12, 2014, previously published on November 5, 2014
The artist resale royalty right, what in Europe is often called the droit de suite, is a form of intellectual property right that allows primarily visual artists (who produce work in single objects or limited editions) with a right to receive a percentage of the purchase price when their works are...

 

HTMLArt Consignment
Kevin P. Ray; Greenberg Traurig, LLP;
Legal Alert/Article
December 12, 2014, previously published on November 4, 2014
We typically believe that if we entrust our property to someone else to sell it, the property remains ours until it is sold. However, this may not always be true. If the party into whose hands property has been entrusted files for bankruptcy, the entrusted property may be deemed to be property of...

 

HTMLAuthenticity, Fakes and Forgeries
Kevin P. Ray; Greenberg Traurig, LLP;
Legal Alert/Article
December 12, 2014, previously published on November 5, 2014
In the press and in popular culture, art theft and art forgery tend to be linked, and are often glamorized to a greater or lesser extent. The reality, however, is usually far more mundane, if not outright seedy (although efforts at recovery often have admirable, even heroic overtones). In recent...

 

HTMLArt Valuation: The Detroit Institute of Arts
Kevin P. Ray; Greenberg Traurig, LLP;
Legal Alert/Article
December 12, 2014, previously published on November 4, 2014
As the City of Detroit’s (the City) bankruptcy case enters its final phase, and confirmation of its plan of adjustment seems all but certain, the future of the Detroit Institute of Arts (DIA) appears assured. This has not always been the case, since how the DIA’s valuable art collection...

 

HTMLExport Restrictions: Italian Mid-Twentieth Century Art
Kevin P. Ray; Greenberg Traurig, LLP;
Legal Alert/Article
December 12, 2014, previously published on November 4, 2014
At the recent Frieze art fair in London, Italian mid-twentieth century work moved briskly. Sotheby’s Italian and Contemporary sales broke records, including the highest price ever paid for the work of Piero Manzoni, whose "Achrome" sold for £12.6 million. Several galleries focusing...

 

HTMLThe Future of History - Repatriation of Cultural Property
Kevin P. Ray; Greenberg Traurig, LLP;
Legal Alert/Article
December 12, 2014, previously published on November 4, 2014
"Art" is famously difficult to define. To many artists, a definition is either a challenge or an offense. For the art trade, the working definition is pragmatic and fluid - art is a tangible object embodying the creative efforts of one or more individuals, generally in certain...

 

HTMLThe Rights of Images: Vivian Maier - The Battle for a Photographer’s Legacy
Kevin P. Ray; Greenberg Traurig, LLP;
Legal Alert/Article
December 12, 2014, previously published on November 4, 2014
Photographer Vivian Maier posthumously emerged as an important and previously unknown American street photographer after the contents of her storage lockers were sold at auction in 2007. The storage lockers contained negatives - many negatives. But the identity of the photographer was not...

 

HTMLWhen a Museum Falters: The Corcoran Gallery of Art
Kevin P. Ray; Greenberg Traurig, LLP;
Legal Alert/Article
December 11, 2014, previously published on November 4, 2014
In the United States, with a few exceptions, museums are organized as private charitable trusts or charitable corporations. They derive their purpose from their founders’ charitable purposes. When a museum falters (normally when endowment and other income is insufficient to fund the...

 

HTMLLaw Professors Support NCAA’s Appeal in O’Bannon Case
Joseph M. Hanna; Goldberg Segalla LLP;
Legal Alert/Article
November 27, 2014, previously published on November 26, 2014
On November 21, fifteen law professors filed an amicus brief with the Ninth Circuit Court in support of the NCAA in its O’Bannon appeal.

 


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