Art Law Litigation Updates: Fraud, Fair Use, and Nazi Looting
Feb 6, 2024
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Dmitry Rybolovlev's fraud case against Sotheby's, Richard Prince's fair use copyright infringement cases, and the Ninth Circuit decision on a looted painting are discussed. They touch on disclosure of confidential information, interpretation of fair use, stolen artwork, legal battles, and choice of law in resolving ownership dispute.
Dmitry Rybolovlev lost his lawsuit against Sotheby's, signaling a setback for him in the art fraud case involving Yves Bouvier.
Richard Prince's copyright infringement cases brought attention to the boundaries of fair use in the art world.
Deep dives
Jury rules in favor of Sotheby's in Russian oligarch's lawsuit
In a recent jury decision, Dmitry Rybolovlev lost his lawsuit against Sotheby's. The lawsuit stemmed from a dispute between Rybolovlev and art dealer Yves Bouvier, involving the acquisition and selling of artworks. Rybolovlev accused Sotheby's of aiding and abetting Bouvier in the alleged fraud. The jury ruled in favor of Sotheby's, signaling a setback for Rybolovlev.
Richard Prince's fair use case: Instagram series settled
Richard Prince, a well-known appropriation artist, faced lawsuits for copyright infringement concerning his Instagram series called New Portraits. The series involved copying and modifying other Instagram users' posts and selling them as artworks. Two photographers, Eric McNatt and Donald Graham, brought copyright infringement claims against Prince and the Gagosian Gallery. Before trial, the cases were settled, with each photographer receiving compensation for their infringed works. The case touched upon the boundaries of fair use in the art world.
Cassier vs. Thyssen-Bornemisza Collection Foundation: A lengthy legal battle
The Cassier vs. Thyssen-Bornemisza Collection Foundation case spanned nearly two decades and focused on a painting by Camille Pissarro called 'Rue Saint-Honoré, Effect of Rain.' The painting was owned by the Cassier family, but it was forcibly sold during World War II. Lily Cassier, the owner, settled with Germany for the loss of the painting. The painting eventually ended up in the collection of the Thyssen-Bornemisza Foundation in Spain. The legal battle revolved around whether California property law or Spanish law should apply. The Ninth Circuit Court of Appeals ultimately ruled in favor of applying Spanish law, leading to an unsatisfying end to the case.
Katie and Steve discuss three recent litigation updates. They discuss the outcome of the trial in the case brought by Dmitry Rybolovlev against Sotheby’s for aiding in the alleged fraud of Yves Bouvier, the most recent Richard Prince fair use copyright infringement cases brought by two photographers, and the Ninth Circuit decision applying Spanish law to deny return of a Pissarro painting to the family of Lily Cassirer, whose property was looted by the Nazis and is currently located in a Spanish museum.