The Art Law Podcast

Megan Fox Kelly, a leading art advisor and podcast host, dives into the complex world of resale restrictions in art transactions. She discusses how these restrictions aim to serve galleries and collectors while often complicating legality and transparency. The conversation highlights the ethical dilemmas surrounding such terms and their impact on emerging artists versus established ones. Kelly also sheds light on notable legal cases that illustrate the challenges of enforcement and the evolving dynamics within the art market.

Steve and Katie speak with two preeminent French art lawyers, Anne-Sophie Nardon and Olivier de Baecque, about disputes surrounding the authenticity of art and how French and US courts get involved in these disputes. Because many of the world's greatest artists made their home in France, many of the experts on these artists and their work are in France, and French courts have long adjudicated disputes about the accuracy of opinions made by experts regarding authenticity. Notes for this episode: https://artlawpodcast.com/2024/09/09/france-v-usa-legal-remedies-for-authentication-disputes/ Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Steve and Katie discuss several art law topics in this end-of-season episode. They talk about internal thefts at the British Museum, the ongoing Victorious Youth litigation between Italy and the Getty Trust, the Damien Hirst backdating scandals, the litigation between the Manhattan DA and the Art Institute of Chicago, and the recent litigation between the Donald Judd Foundation and Kim Kardashian. End-of-season message from Steve and Katie: Thank you to all of our listeners for your support, and we look forward to bringing you season 8 in September! Notes for this episode: https://artlawpodcast.com/2024/07/09/season-end-art-law-roundup/ Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Steve and Katie speak with Italian lawyer Giuseppe Calabi and art historian Sharon Hecker about Italy's cultural patrimony laws granting state institutions control over the use of images of cultural property long in the public domain. They discuss the legal, ethical, and practical issues with such laws and their specific application to uses of the Vitruvian Man by Leonardo da Vinci located at the Gallerie dell'Accademia in Venice and the statue of David by Michelangelo located at the Gallerie dell'Accademia in Florence. Notes for this episode: https://artlawpodcast.com/2024/06/03/italys-expansive-control-over-cultural-heritage/ Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Steve and Katie talk with their colleague, Tom Kline, about the Nazi's program of remaking European culture, the enormous theft and displacement of art that occurred as part of that program, and the efforts of the heirs of Jews displaced during World War II to reclaim art and cultural property. The discussion focuses on the Washington Principles, the updated best practices issued upon their 25th anniversary, and how claims for restitution have changed over this time. Notes for this episode: https://artlawpodcast.com/2024/05/13/the-25th-anniversary-of-the-washington-conference-principles-and-where-we-are-on-nazi-looted-art/ Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve speak with colleague Eden Burgess about the Native American Graves Protection and Repatriation Act (NAGPRA), its history, purpose, and requirements to repatriate cultural property and human remains to Native American tribes and Native Hawaiian Organizations, as well as new regulations that are leading major museums to remove or close exhibitions of Native American and Hawaiian objects while taking action to implement NAGPRA in consultation with tribes that have ownership claims. Notes for this episode: https://artlawpodcast.com/2024/04/02/the-native-american-graves-protection-and-repatriation-act-gets-some-teeth/ Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Explore the history and controversy of the Parthenon Marbles, from their creation to Lord Elgin's acquisition. Learn about the complex legal and cultural issues, including a significant Ottoman letter. Discover the ongoing dispute between Greece and the British Museum, with insights on ownership, repatriation, and financial challenges.

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.

The podcast explores the debates and litigation surrounding the copyrightability and infringement of AI-generated art. It delves into cases of copyright infringement involving scraping and examines the complexities of AI manipulation of existing images. The podcast also discusses a specific copyright infringement lawsuit between Giddy Images and Stability AI. Additionally, the impact of generative AI on artists' finances and the relationship between art and the law are explored.

Katie and Steve talk with renowned art lawyer Pierre Valentin about the EU's new and striking import regulations on cultural goods, including fine art and cultural property, that prohibit the import of applicable items not created in the EU into the EU if they cannot be shown to have been legally exported from their countries of origin. We discuss the impetus for these regulations, the problem with discerning ownership and export history of cultural property, and the key problems with the new regulation's successful implementation and enforcement. Notes for this episode: http://artlawpodcast.com/2023/12/06/new-hurdles-to-importing-art-in-the-eu/ Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast