Volume 12, No. 4

2011

The Rights and Risks of Experts in French and American Courts
— Van Kirk Reeves
The author, an art law attorney in Paris and New York, examines the differences in French and American law regarding the legal responsibilities of experts when determining the authenticity of works of art -- particularly the greater authority invested in designated French experts -- and how experts and dealers might best protect themselves against claims.

Resale Royalties and the Visual Arts: Should Droit de Suite Come to the U.S.? A Panel Discussion
— Martin Mullin, Theodore Feder, Frank Stella, and Christiane Ramonbordes
A program organized by the Artists Rights Society presents arguments in favor of a national resale royalty law in the U.S. Although the European Union Directive mandated such a royalty, and it exists in all EU countries, droit de suite exists in the U.S. only in California.

News and Updates: Herzog Heirs Can Proceed with U.S. Action to Recover All But 11 Artworks
— Sharon Flescher and Mary Morabito Rosewater
A discussion of the claim brought in the U.S. by the heirs of Baron Herzog against the Republic of Hungary, three Hungarian museums, and a university to recover works of art looted from Herzog's collection during WWII. Among other issues, the authors describe the federal district court's rejection of Hungary's arguments for dismissal and its simultaneous upholding of a Hungarian court's 2008 decision, in a separate but related case, concerning eleven works from the Herzog collection.

News and Updates: Forfeiture That's "Custom Made": Is a Tough Statute the New Trend in Art Recovery? Three Recent Cases Suggest That It Is
— Sharon Flescher and Mary Morabito Rosewater
A 2;discussion of three cases -- one involving Pissarro's Le Marche aux Poissons; a second, Orsi's Leda ed il Cigno; and a third, the Egyptian Mask of Ka-Nefer-Nefer -- where U.S. law enforcement officials have used a customs law forfeiture statute to recover stolen or illegally exported art.

News and Updates: In Brief -- A Surprise Move in Pissarro Painting Battle: Cassirer Heirs Drop Case Against Spain
— Sharon Flescher
Report on two major developments in a lawsuit reported in IFAR Journal, Vol. 10, no. 2: 1) The U. S. Supreme Court decides not to review a decision by a federal district court in California allowing Spain to be sued in the U.S. 2) Days later, the claimants drop their case against Spain.

News and Updates: In Brief -- "Living Garden" Artist Asks Supreme Court to Review Decision
— Sharon Flescher
Follow-up to a lawsuit reported in IFAR Journal, Vol. 12, no. 3. Volunteer Lawyers for the Arts files an amicus brief arguing against the court's narrow definition of an artwork which had ruled against a landscape artist.

News and Updates: In Brief -- Claimant Vows to Fight for Cranachs After Supreme Court Setback
— Sharon Flescher
In June 2011, the U.S. Supreme Court rejected Goudstikker heir's appeal in a claim against the Norton Simon Museum. But in October 2010, California enacted a new statute of limitations (see IFAR Journal, Vol. 10, no. 2), which will be relevant for the ongoing Goudstikker claim.

News and Updates: Breaking News -- Warhol Authentication Board Disbanded
— Sharon Flescher
The Andy Warhol Foundation announces the dissolution of the Andy Warhol Authentication Board, Inc. effective in early 2012.

News and Updates: In Brief -- Two Picassos Stolen in 2008 Are Recovered
— Sharon Flescher
Tête de cheval and Verre et picher, stolen from a Swiss cultural center while on loan from Gerrmany's Sprengel Museum, are recovered in Serbia.

News and Updates: In Brief -- Suspect Says He Destroyed Paintings Stolen from Paris Museum
— Sharon Flescher and Mary Morabito Rosewater

The article mentions an unconfirmed report that a thief destroyed works by Matisse, Braque, Picasso, Leger, and Modigliani stolen from the Musee d'Art moderne de la Ville de Paris in May 2010.


Stolen Art
Stolen items include Roy Lichtenstein's Sunrise, stolen in New York; George Luks' Young Girl, stolen in New York; Philip Reinagle's Harrier Killing a Bittern, stolen in Tripoli, Libya.

Recovered Art
Recovered items include Fernand Léger's Composition aux element mécaniques, stolen from the Carlyle Hotel in New York; various paintings and works on paper by L.S. Lowry stolen in Cheshire, England; Balthus' Sleeping Girl, stolen in Monaco.