Author Archive

“Why Joint Acquisitions May Be the Way Forward for Cash-Strapped Museums”

Clair Selvin has a piece in ARTnews about museums co-owning works, using a Sam Gilliam jointly acquired by Dia and the Museum of Fine Arts, Houston recently as an example.

This is nothing new and the question I have is why not think of this as a possibility when it comes to deaccessioning? If "co-ownership is great" when two museums acquire a work together, why isn't it also great... | Read More

“It was the last outstanding criminal case initiated by the collector, Dmitry E. Rybolovlev, in his dispute with Mr. Bouvier in what has been one of the art world’s longest and most bitter entanglements”

NYT: Prosecutor in Geneva Drops Criminal Inquiry in $2 Billion Art Dispute.

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“The works, all duplicates from its collection, will be offered in three sales at Christie’s, starting next month”

Katya Kazakina breaks the news that the Met is deaccessioning "219 prints and photographs to help plug a $150 million revenue shortfall resulting from the pandemic."

This should not come as a surprise.

Brian Frye "can't wait to see the deaccessioning police freak out, even though this should be the most unobjectionable kind of deaccessioning. After all, museums sell duplicates to... | Read More

“Net sale agreements are commonplace in the market, and the court easily found that this sophisticated collector had no legal ground to complain when the work was sold in accordance with the agreement he signed.”

 Amelia Brankov on the Steinhardt decision mentioned earlier here.

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“Ugandan government sues art dealer over UES rent”

"[Asher] Edelman’s art-leasing business, Artemus, and his gallery Edelman Arts haven’t paid rent since April of last year, according to a lawsuit filed by the mission in Manhattan state court Thursday."

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“After such consideration, we emphatically reject AWF’s assertion that Google ‘comprehensively refutes the panel’s reasoning.'”

The Second Circuit stands by its Warhol-Goldsmith fair use decision, even after Google v. Oracle. The amended decision is here.

They respond to the Blake Gopnik view in this way:

"Just as AWF misreads the fact- and context-specific finding of fair use in Google as dictating a result in the very different context before us, it misreads our opinion as 'effectively outlawing' an... | Read More

“If the world as we know it hasn’t ended, the conclusion may be that the world hasn’t ended. That is, museums will have discovered that the flexibility afforded by the ability to stretch the definition of direct care beyond prior thinking, allowing the proceeds from art sales to backfill deficits and fund important initiatives, has not been the calamity some had predicted.”

Mark Gold has a characteristically well-reasoned piece in The Art Newspaper as the AAMD's two-year experiment in allowing proceeds from art sales to finance “direct care” of their collections nears its close.

The anti-deaccession view is presented as a matter of ethics, and, as Gold says, "unquestionably, preserving the objects entrusted to museums’ care is ethical. But isn’t it... | Read More

The Di Rosa has ditched its deaccessioning plan

Sort of ("We’ve only sold 15 pieces and I don’t think we are going to sell many more at all").

It will "find alternative solutions to its monetary woes, including reducing full-time staff from 20 workers to 12."

Background here.

... | Read More

“The suit alleges that the Thuts consigned fake Giacometti works.”

 ARTnews:  Florida Couple Sold Allegedly Dubious Diego Giacometti Works Through Sotheby’s.

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“Judge Cohen rejected Steinhart’s claims, saying he was a ‘sophisticated art collector and financier’ who never claimed that the consignment agreement had been broken, and did not ‘do any diligence of his own.'”

A victory for Hirschl and Adler gallery in a lawsuit involving a "net to you" consignment.

Grossman LLP (which represented the gallery) has a post about it here, concluding: "The case stands as a reminder that, while the law protects against fraud, breach of contract, and other wrongs, it may not protect a party—especially a sophisticated and experienced one—from buyer’s or... | Read More

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