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The Art Law Podcast

Latest episodes

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Apr 4, 2023 • 55min

Fashion, NFTs, and Artistic Expression

Katie and Steve talk to attorney Emily Poler, founder of Poler Legal, about the recent lawsuit between the iconic French fashion house Hermès and an NFT creator, Mason Rothschild, over Rothschild’s “MetaBirkin” NFTs. Hermès claimed that Rothschild infringed Hermès’ trademark in the name “Birkin.” Hermès prevailed on this claim (and others) in a jury trial earlier this year. Katie, Steve, and Emily discuss the contours of this lawsuit and the reach of trademark law to police fashion brands, copyright’s limitations, and trademark law’s applicability to artistic expression, especially in the context of NFTs.   Notes for this episode: http://artlawpodcast.com/2023/04/04/fashion-nfts-and-artistic-expression/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast
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Mar 1, 2023 • 1h 5min

The Promise of NFTs for Artists and the Art Market

Steve and Katie speak with Amy Whitaker about her new book with Nora Burnett Abrams, The Story of NFTs: Artists, Technology and Democracy. Amy describes her vision for the promise of NFTs for artists and a more equitable art market and discusses the democratic incentives NFTs create in this world. They discuss NFTs in the context of the current moment of uncertainty around the future of cryptocurrency, the blockchain, and the value of NFTs in general and the potential problems and limitations of NFTs within the fine art ecosystem.   The Story of NFTs: Artists, Technology, and Democracy: https://www.rizzoliusa.com/book/9780847899364/   Notes for this episode: http://artlawpodcast.com/2023/03/01/the-promise-of-nfts-for-artists-and-the-art-market/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast
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Jan 17, 2023 • 57min

The Art Seizures of the Spanish Civil War

Katie and Steve talk to Spanish art lawyer and scholar, Patricia Fernández, about the history of thousands of artwork seizures during the Spanish Civil War and the Spanish government’s actions with respect to these artworks since then through today.   Notes for this episode: http://artlawpodcast.com/2023/01/17/the-art-seizures-of-the-spanish-civil-war/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast
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Dec 13, 2022 • 1h 7min

The 60+ Year Journey of a Stolen Pissarro Painting and Who Gets to Keep It

Steve and Katie speak with appellate litigator David Barrett about the story animating a recent Supreme Court case between the heirs of Lilly Cassirer, who fled Germany in 1939 after surrendering the painting Rue Saint-Honoré Après-midi, Effet de Pluie (Rue Saint-Honoré in the Afternoon, Effect of Rain) by Camille Pissarro to the Nazis, and the Spanish Museum known as the Thyssen-Bornemisza Collection. They discuss the journey of the painting in and out of the United States over a 60-plus-year period before it found its way into the collection of a Spanish museum, the Cassirer family’s efforts to find and reclaim the painting, and the decades-long litigation in California that led to the recent Supreme Court decision overturning a decision of the 9th Circuit applying the Spanish law of adverse possession in favor of the Spanish Museum.   Notes for this episode: http://artlawpodcast.com/2022/12/13/the-60-year-journey-of-a-stolen-pissarro-painting-and-who-gets-to-keep-it/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast
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Oct 25, 2022 • 39min

Some Art Museum-Related Updates

Katie and Steve discuss some recent art museum-related legal(ish) developments, including New York’s new legislation requiring labeling of Nazi-looted art, the AAMD’s long-awaited changes to its deaccessioning policy, and an unusual gift/sale of part of MoMA’s collection.   Notes for this episode: http://artlawpodcast.com/2022/10/25/some-art-museum-related-updates/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast
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Sep 6, 2022 • 51min

Director of the Louvre Arrested and a Dive into French Criminal Law

To open Season 6, Katie and Steve discuss the shocking arrest of Jean-Luc Martinez, director of the Louvre in Paris from 2013 to 2021, related to his involvement in the alleged trafficking of antiquities for the Louvre Abu Dhabi with French criminal lawyer Sarah Arpagaus. They discuss cultural property crimes more broadly and take a detour into the world of French criminal law and its striking difference with the system here in the US.   Notes for this episode: http://artlawpodcast.com/2022/09/06/director-of-the-louvre-arrested-and-a-dive-into-french-criminal-law/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast
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Jul 15, 2022 • 54min

Russian Sanctions and the Art Market

Steve and Katie speak to anti-money laundering and sanctions expert Paula Trommel of Corinth Consulting about Russian sanctions and their impact on the art market in the short and long term.   Notes for this episode: http://artlawpodcast.com/2022/07/15/russian-sanctions-and-the-art-market/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast
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Jun 9, 2022 • 1h

Fractional Ownership of Art: Can Regular People Own a Piece of the High End Art Market?

Katie and Steve speak with Evan Beard, currently Executive Vice President at Masterworks, about fractional ownership of art and new art securitization trends and initiatives, who the issuers and investors in this space are, and what they can achieve through these alternative investment structures.   Notes for this episode: http://artlawpodcast.com/2022/06/09/fractional-ownership-of-art-can-regular-people-own-a-piece-of-the-high-end-art-market/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast
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May 10, 2022 • 15min

Surprise! NYC Repeals Auction Regulations

Steve and Katie give a brief update on New York City’s recent repeal of its regulations governing auctioneers and auction practices. These regulations provided consumer protections by enforcing a measure of transparency into the auction process, such as requiring auctioneers to publicly disclose when they had a financial stake in an object being sold. Interestingly, major stakeholders appeared surprised by the repeal, which they had not requested and seemed indifferent about.   Notes for this episode: http://artlawpodcast.com/2022/05/10/surprise-nyc-repeals-auction-regulations/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast
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Mar 28, 2022 • 32min

Anti-Money Laundering Update: FinCEN's Surprising Conclusion and the Impact of Russian Sanctions on the US Art Market

Susan Mumford and Chris King, co-founders of ArtAML, return to the Podcast and talk with Steve about the recent release by the Financial Crimes Enforcement Network ("FinCEN") of its “Study of the Facilitation of Money Laundering and the Financing of Terrorism through the Trade in Works of Art." To the surprise of Steve and his guests, FinCEN concluded that there is limited evidence of money laundering and little risk of terror financing through the sale of high value art. The discussion focuses on the findings of the study, and its implications, particularly when compared with the existing AML regulations covering the art market in the UK and the EU. (Susan and Chris discussed these requirements with Katie and Steve on the November 1, 2021 episode entitled: “How Anti-Money Laundering Regulations are Hitting the Art Market in the United Kingdom and What Participants Can Do to Comply.”) Recorded just days after Russian troops invaded Ukraine, the conversation turned to the impact that sanctions against Russia and its oligarchs are likely to have on the high-value art market, and what art market participants must do to not run afoul of these sanctions.   Notes for this episode: http://artlawpodcast.com/2022/03/28/anti-money-laundering-update-fincens-surprising-conclusion-and-the-impact-of-russian-sanctions-on-the-us-art-market/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

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