Author Archive

“So here’s the upshot: in a resale royalties scheme, 99% of artists will likely lose, so that the top 1% can win. This reverse-Robin Hood story is not some bug in the system — it is its main feature.”

Chris Sprigman and Guy Rub make the case against resale royalties for artists:"We collected data representing all sales at public auctions conducted by Sotheby’s and Christie’s during March and April 2018. We examined how resale royalties from those sales would have been distributed if the so-called ART Act, the last bill attempting to enact resale royalties on a national level, was in place.... | Read More

“So here’s the upshot: in a resale royalties scheme, 99% of artists will likely lose, so that the top 1% can win. This reverse-Robin Hood story is not some bug in the system — it is its main feature.”

Chris Sprigman and Guy Rub make the case against resale royalties for artists:"We collected data representing all sales at public auctions conducted by Sotheby’s and Christie’s during March and April 2018. We examined how resale royalties from those sales would have been distributed if the so-called ART Act, the last bill attempting to enact resale royalties on a national level, was in place.... | Read More

The Times had a critical piece yesterday on donor-advised funds …

... which are commonly used in the art world.  The story is here.Harvard's Greg Mankiw (convincingly) finds it "unconvincing":"The headline and tone of the article suggest something nefarious is going on. But unless you think that future charitable spending is less admirable than current charitable spending, nothing of the sort is the case. ... [T]he donor of the funds cannot get the money... | Read More

“Split decision in lawsuit over forged paintings sold by ex-Franklin Pierce professor and her son”

Story here:"In a detailed ruling, U.S. District Court Judge Steven McAuliffe dismissed the warranty claim Hall had brought, concluding that because the case was brought four years after the purchase of the art, that was too late.  ...  But McAuliffe declined the bid of the Gascards to dismiss the other three charges, fraud, conspiracy to defraud and unjust enrichment.  ... ... | Read More

“Adrian Ellis has offered what I think is one of the best ways to address the deaccessioning dilemma.”

Museum consultant Bob Beatty has a piece up at Hyperallergic on "the deaccessioning debate in museums."  As evidenced by his approving citation of the Ellis Rule, he seems to be in favor of a loosening of the "ethical" prohibitions on deaccessioning, but also seems keen to avoid the ire of the tomato throwers, so he's pretty subtle about it all.... | Read More

“How Robert Indiana’s Caretaker Came to Control His Artistic Legacy”

NYT story here.  Background here.... | Read More

“Decision should put decade-long legal battle between museum and heirs of art dealer Jacques Goudstikker ‘to rest'”

The Norton Simon-Von Saher litigation, which I wrote about for the Journal of Art Crime all the way back in 2010, appears to finally be over.... | Read More

“G.M. Used Graffiti in a Car Ad. Should the Artist Be Paid?”

The New York Times reports:"Mr. Falkner’s case is set to turn on another unsettled question of copyright law. Last month, lawyers for G.M. sought to end his lawsuit by claiming in court papers that the company was allowed to use his parking garage mural because of a provision in the law that says images of 'architectural works' do not have copyright protections. In their papers, the lawyers... | Read More

“A new criminal case was recently opened in Geneva after a fraud complaint was filed in late 2015 by an unnamed industrialist from the Baltic region, who has accused an art dealer of overcharging for works by artists such as Pablo Picasso, Henri Matisse and Alberto Giacometti.”

"This may sound like a familiar story, but it has nothing to do with the battle between Yves Bouvier and Dmitry Rybolovlev."... | Read More

“Monterey’s Dalí17, which displays the 500-work private collection of the Ukrainian-born real estate developer Dimitry Piterman, features the Surrealist’s face—complete with upturned moustache—on its logo.”

The Art Newspaper: Dalí foundation sues California museum for use of artist’s name and image.Brandon Butler tweets:  "This lawsuit seems crazy—if a museum full of Dali art can’t use 'Dali,' what should it be called? 'Museum of the Melting Clocks Guy—You Know, with the Weird Mustache'?"On the other hand:"Coblentz Patch Duffy & Bass partner Lawrence Siskind, who’s not... | Read More
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