By Livia Solaro While cultural heritage disputes have often proved heralds of international tensions, very few cases have caused quite the stir as the one revolving around Victorious Youth, a rare example of a life-size bronze statue from the classical Greek period. After sinking in the Adriatic Sea during its transportation, the statue remained on the seabed for around two millennia until, in the 1960s, Italian fishermen inadvertently fished it from the waters off the Marche region of Italy.[1] The J. Paul Getty Museum eventually acquired it, and the bronze has been on display in Los Angeles ..read more

By Helen Boone According to Walter Lehmann, out of the 35,000 museums in the United States, only 50 maintain in-house counsel.[1] For those institutions without a lawyer on staff, it can be difficult to determine when a problem requires legal attention. Walter G. Lehmann’s Museum Administration: Law and Practice, already in its second edition, offers a thorough introduction for museum professionals trying to comply with both legal and ethical guidelines. In his textbook, Lehmann addresses a wide range of topics, from employment agreements to deaccessioning work, and provides a deeper dive into ..read more

From the Editors: Center for Art Law often receives inquiries that inspire our articles. Please reach out if you have questions. Who knows, your question might blossom as one our upcoming articles. by Atreya Mathur Imagine a jewelry designer who has just unveiled a new collection inspired by floral motifs, detailed with engraved designs of roses and daisies and meticulously crafted with specific materials to ensure it doesn’t rust or scratch easily. The designer is thrilled when the pieces receive acclaim from fashion magazines and customers. However, a few months later, the designer discovers ..read more

By Chloe Ghaleb The beating heart of the Spanish polity is a proud and multilayered culture. Modern Spain derives from deep historical traditions that encompass millennia of different empires, religions, and flashpoint events. Its historical traditions are reflected in Spain’s landmarks, religious sites, and artistic legacies, which are integral elements of its national heritage. In recognition of its rich history, Spain’s constitution holds a promise to protect its heritage: “The public authorities shall guarantee the conservation and promote the enrichment of the historical, cultural and art ..read more

By Atreya Mathur and Beverly Osazuwa Dance has always been a significant part of human expression, and the expansion of the 1976 Copyright Act was the first U.S. law to make choreography copyrightable.[1] With the rise of MTV and music videos in the eighties, dance routines like those by Michael Peters (“Thriller”) and Anthony Thomas (“Rhythm Nation”) saw mass popularization. These iconic dances took on a life of their own, becoming immediately recognizable and repeated on TV shows, movies, and viral videos. Other choreographers such as Brian Friedman (“I’m a Slave 4 U”), Laurieann Gibson (“Ba ..read more

By Beverly Osazuwa The ongoing campaign for the return of the Benin Bronzes has been one of the most recognized cases for the restitution of looted cultural heritage from the colonial era. In the 1897 British invasion of the Benin Kingdom (modern-day Benin City in Edo State, Nigeria),[1]soldiers slaughtered civilians, burned their homes, stole thousands of cultural objects,[2] and left the Palace scorched to the ground.[3] As a result of the looting, Benin’s heritage, including valuable sculptures, casts, swords, and ivories, were auctioned and sold to museums across Europe and North America ..read more

By Damla Karabay and Helen Boone Established in 2020, in New York, the Center for the Preservation of Artists’ Legacies (CPAL) is a non-profit organization conducting research and organizing events on preservation, conservation, legacy stewardship, and research on conditions impacting artists. CPAL aims to address legacy challenges facing contemporary visual artists and their life’s work, especially those who are under-known or less financially endowed yet have made significant contributions to the visual historical-cultural continuum. The organization seeks to devise cross-disciplinary soluti ..read more

By Rachel Sundar On May 27th, 2024, the cyber-extortionist group RansomHub, notorious for their recent attack on Change Healthcare, published a statement on the dark web, taking responsibility for a cyber assault on Christie’s, one of the world’s largest auction houses, with key locations in cities such as New York, London, Paris, Hong Kong, and Dubai.[1] The ransomware attack on Christie’s underscores the vulnerability of digital systems in the art world. As institutions such as auction houses, galleries, and even art databases increasingly rely on digital infrastructures, implementing robust ..read more

By Joseph Scapellato “I don’t feel like I’m responsible for people that have reactions to it . . .” ~ Artist Samuel Kerson, speaking to “Seven Days Vermont” American property law is commonly analogized to a bundle of sticks, where ownership of property confers various privileges upon the owner.[1] If a person owns a television, for instance, that person has the exclusive right to use it, sell it, lease it, modify it, mutilate it, or––in accordance with local ordinances––destroy it. This principle is not true, however, for works of visual art. The Visual Artists Rights Act of 1990 (“VARA”) gr ..read more

By Morgan Austrich In a society where any image can be easily reproduced and commodified, the work and likeness of an artist are no exception. On March 24, 2024, the Frida Kahlo Corporation (“FKC”) filed two lawsuits against Amazon vendors for trademark infringement.[1] In their primary complaint, FKC claimed the online merchants sold images and artworks that were “virtually identical to and/or substantially similar to the Frida Kahlo works.”[2] The company demanded the vendors surrender all profits made from the selling of her image or pay two million dollars for each use of the trademarks.[3 ..read more