The Art Law Podcast

On this bonus episode, Katie and Steve discuss the recent SCOTUS case Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. ___ (2018). In this case, a baker claimed his First Amendment free exercise and free speech rights were violated when he was found in violation of a Colorado statute prohibiting disparate treatment based on sexual orientation in public accommodations for refusing to make and sell a wedding cake to a gay couple. The baker refused to make the wedding cake because of his religious objections to gay marriage. Although the controlling decision of the Supreme Court only dealt narrowly with the baker’s free exercise, religious discrimination claim, free expression issues lurked in the background and were taken up directly and forcefully in Justice Thomas’ partial concurrence. Katie and Steve discuss the free expression part of the case and its real or imagined relationship to artist’s rights and government censorship of art.   The Art Law Podcast is excited to showcase new musical compositions by Chris Thompson. Chris is a New York City-based music producer, arranger, and percussionist, who has been a longstanding member of the renowned contemporary music ensemble, Alarm Will Sound. Chris has also performed, recorded, or arranged for a long list of internationally recognized artists and ensembles. You can learn more about Chris and his music on his website, www.chrispthompson.com, where you can also listen to and purchase his most recent album, Lot Hero.   Notes for this episode: http://artlawpodcast.com/2018/07/27/is-cake-art-and-entitled-to-first-amendment-free-speech-protections/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

On this month’s episode, Steve and Katie dive into the charged topic of censorship. With guest Professor Amy Adler they talk about government and non-government attempts to censor art, what the legal boundaries are and where the law actually has little if nothing to say about censorship of art. They describe applicable First Amendment doctrine, apply it to art and examine particular examples of art “censorship” from the culture wars of the 1990s through today, from both the political right and left.   Notes for this episode: http://artlawpodcast.com/2018/07/02/art-censorship-and-the-first-amendment/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve give an update on the first round of auction sales as part of the Berkshire Museum’s court sanctioned deaccessioning plan. They discuss the results of the sales, the museum’s current stance, and where that leaves us (hint: dissatisfied).   Notes for this episode: http://artlawpodcast.com/2018/06/11/bonus-episode-berkshire-museum-deaccessioning-begins/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

On this month’s podcast, 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 recently sold Leonardo da Vinci’s Salvator Mundi painting for $450 million, 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/2018/05/10/art-of-the-chase-inside-art-auctions/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve update listeners on the Massachusetts Supreme Judicial Court’s decision approving the settlement reached between the Attorney General and the Berkshire Museum, which allows the Museum to sell 40 of its most valuable works of art through Sotheby’s with some (minor) conditions. Katie and Steve go over the terms of the settlement and discuss their reservations about the form (if not substance) of this resolution. Since the recording of this bonus episode, it has been reported that the yet to open Lucas Museum in Los Angeles will purchase the painting Shuffleton’s Barbershop, Norman Rockwell’s iconic masterpiece. The rest of the works will be sold gradually at auction until a total of $55 million in proceeds is reached.   Notes for this episode: http://artlawpodcast.com/2018/04/18/bonus-episode-berkshire-museum-update-settlement-approved/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

On this month’s podcast we discuss the non-economic “moral rights” of artists in the context of the famous 5Pointz aerosol art mecca in Long Island City, Queens that was whitewashed and torn down in 2013. In the ensuing litigation, the aerosol artists asserted violations of their moral rights under the Visual Artist Rights Act, the U.S. moral rights statute. In a surprise to many, they recently won $6.7 million in damages after succeeding on these claims. The art, however, was permanently lost. 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/2018/04/09/5pointz-and-the-moral-rights-of-artists/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Scientist Jamie Martin talks with us about wine forger Rudy Kurniawan, his work investigating wine fraud and the similarities between wine and art.   Notes for this episode: http://artlawpodcast.com/2018/03/19/bonus-clip-jamie-martin-on-wine-fraud/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

On this month’s podcast we discuss the role of science in fine art. Specifically, what can science tell us about a work of art’s origin and authenticity? Can science help us discover fakes and forgeries undetected by traditional connoisseur style observation? We are joined by the famous art scientist Jamie Martin to discuss these issues, recount famous forgery scandals, and delve into his techniques and practices.   Notes for this episode: http://artlawpodcast.com/2018/03/12/what-can-science-tell-us-about-art/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

Katie and Steve give listeners an update on the Berkshire Museum deaccessioning controversy. The Massachusetts Attorney General and the Museum have reached an agreement, pending approval by the Supreme Judicial Court, permitting sales of up to $55 million with the famous Norman Rockwell painting Shuffleton's Barbershop going to an undisclosed museum. The Rockwell sons have dropped out of the litigation, but the other plaintiffs oppose the compromise and are still fighting.   Notes for this episode: http://artlawpodcast.com/2018/02/26/bonus-episode-update-on-the-berkshire-museum-saga-the-ag-and-museum-agree-to-sales/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast

In our first full-length episode, we discuss the Berkshire Museum’s controversial decision to sell off 40 works of iconic art from its permanent collection to raise funds to rebrand itself as a science and natural history museum, and build a large endowment. Only after the regional museum had signed an agreement with Sotheby’s auction house to deaccession these works, did the museum announce its plans to the public. Museum and cultural groups, the fine arts community, and certain local constituents have passionately opposed these plans. Other stakeholders and commentators have strongly supported the museum’s efforts to monetize its collection and rebrand. We will discuss both the ethical and legal issues around deaccessioning and the Berkshire Museum’s actions in particular. We are joined by the financial and art-market journalist, Felix Salmon.   Notes for this episode: http://artlawpodcast.com/2018/02/12/can-a-museum-sell-your-art-the-berkshire-museum-saga-as-a-cautionary-tale/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast