The Art Law Podcast

Steve and Katie end 2020 with a few updates on past podcast episode topics, including 5Pointz and moral rights litigation, the Painted Bride mosaic mural battle, deaccessioning in Baltimore, and pandemic related litigation. We look forward to many more interesting topics in 2021!   Notes for this episode: http://artlawpodcast.com/2021/01/08/goodbye-2020-and-some-art-law-updates/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Steve and Katie discuss the recent deaccessioning controversies at the Brooklyn Museum, Baltimore Museum of Art, and Everson Museum of Art in light of the ethical guidelines, new AAMD guidance, and the economic and social climate. They also discuss the recent postponement of the Philip Guston retrospective at the National Gallery, Tate Modern, Museum of Fine Arts Houston, and Museum of Fine Arts Boston due to its depiction of white nationalism and the criticisms of that decision. Please note there have been developments on all these topics since our recording, so please see the resources links for up to date information.   Notes for this episode: http://artlawpodcast.com/2020/10/29/current-events-of-deaccessioning-and-cries-of-censorship/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Steve and Katie speak with old master art dealer and scholar Robert Simon about his discovery of the painting Salvator Mundi attributed to Leonardo da Vinci and sold by Christie’s in 2017 for almost half a billion dollars. They discuss Simon’s purchase of the painting from an obscure New Orleans auction house, the painting’s painstaking restoration and scholarly review, and what we know and don’t know about its history over the last 500 years.   Notes for this episode: http://artlawpodcast.com/2020/09/14/revisiting-the-salvator-mundi-by-probably-possibly-leonardo-da-vinci-with-robert-simon/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

We are re-releasing our podcast with journalist and author Ben Lewis in anticipation of our forthcoming discussion with Robert Simon. We talked with Ben in depth about his book, The Last Leonardo: The Secret Lives of the World’s Most Expensive Painting, about the history and ultimate sale by Christie’s auction house in November 2017 for just over $450.3 million of the painting Salvator Mundi attributed to Leonardo Da Vinci. Our next episode with Robert Simon will revisit this story from a different perspective.   Notes for this episode: http://artlawpodcast.com/2020/09/08/651/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve speak with Michael Weinberg, the Executive Director of the Engelberg Center of Innovation Law and Policy at NYU Law School, about 3D digitization of gallery, library, archive and museum (“GLAM”) institution collections, the goals and motivations for such projects, and how digitization implicates (or doesn’t) rightsholders. They also discuss the open access framework in which these digitization projects occur, the difference between 2D and 3D copying, and the legal and ethical frameworks at play.   Notes for this episode: http://artlawpodcast.com/2020/08/03/copying-in-3d-digitizing-glam-collections/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve speak with Jay Sanders, Executive Director and Chief Curator of Artists Space, a vanguard artist-centered arts nonprofit, founded in 1972 and located in New York City, about the devastating impact of the pandemic shutdown on small arts nonprofits, as well as the inspiration and community being cultivated in this moment of hardship.   Notes for this episode: http://artlawpodcast.com/2020/06/01/arts-nonprofits-in-the-pandemic/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve welcome back to the podcast museum director, art commentator, and art historian Max Anderson to discuss what art museums (now closed) are dealing with during the Covid-19 crisis in terms of mission, funding, audience engagement and an uncertain future. They discuss structural issues and practices pre-existing the pandemic that put pressure on museums’ stated missions and appeal, as well as potential shifts in focus and priority that may come out of this current moment of reorganization and prioritization.   This is the first of several episodes of the Art Law Podcast discussing the impact of the pandemic and its accompanying shut downs on the art world.   Notes for this episode: http://artlawpodcast.com/2020/05/11/art-museums-in-the-pandemic/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

In this bonus episode, Steve analyzes the recent Second Circuit decision affirming the 2018 decision awarding $6.75 million to the artists of 5Pointz, whose works were whitewashed and torn down by the building’s owner in 2013. To put this important decision into a broader context, we have re-released our April 2018 episode on 5Pointz, where we discuss the district court case in which the aerosol artists asserted violations of their moral rights under the Visual Artist Rights Act, the U.S. moral rights statute. In that episode, Steve and Katie discuss the origin and contours of moral rights, how they fit into U.S. copyright law, the story of 5Pointz and the laws around street art and graffiti. They are joined by famous aerosol artist Jonathan Cohen (Meres One), 5Pointz event planner and artist representative Marie Cecile Flageul, and Renee Vara, the artists’ expert in the 5Pointz trial.   Notes for this episode: http://artlawpodcast.com/2020/03/02/moral-rights-in-street-art-the-5pointz-story-revisited/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

This month, we are updating and rereleasing one of our most popular episodes, Art of the Chase: Inside Art Auctions. In this episode, we take a close look at art auctions – how they work, their place in the art market and the rules and regulations that confine/define them. Auctions at Sotheby’s and Christie’s now regularly net tens and sometimes hundreds of millions of dollars for a single work. Christie’s sold Leonardo da Vinci’s Salvator Mundi painting for $450 million in 2017, still, by far, the highest price ever garnered by a piece of art at auction. At the same time, much about the auction process remains secret. The identity of the buyer and seller is often known only to the auction house, and the reserve price (below which an artwork will not be sold) is known by the auctioneer but not the bidders. While the auctioneer may not sell a work of art below its reserve price, it can bid on the work below the reserve to get the auction going. Steve and Katie discuss these issues and others having to do with regulation, transparency and potential conflicts, and welcome famous Sotheby’s auctioneer Oliver Barker to take us behind the scenes of a big auction.   Notes for this episode: http://artlawpodcast.com/2019/12/02/art-of-the-chase-inside-art-auctions-revisited/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Steve and Katie discuss two recent art world controversies involving small, local nonprofits seeking to raise money through asset divestment. The di Rosa Center for Contemporary Art in Napa Valley is attempting to deaccession most of its permanent collection of Bay Area art works in the face of vocal art world opposition. In Philadelphia, the proposed sale of the Painted Bride Art Center building by the organization’s board, including its one of a kind mosaic mural façade, has raised public protest and legal challenge. Both entities claim they need funds to continue their mission, while critics say the act of selling off the assets at issue in each case directly undercuts such mission.   Notes for this episode: http://artlawpodcast.com/2019/11/05/arts-organizations-seek-change-via-deaccessioning-the-di-rosa-center-for-contemporary-art-and-painted-bride-art-center/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast