Thursday, January 29, 2015

"Will the Sotheby’s Caravaggio Decision Impact the Practice of Authentication?"

I'm quoted in this artinfo article, the main (and correct) takeaway of which is:  "The legal realities of authentication remain convoluted, with the evidence continuing to demonstrate that authentication carries substantial legal risk."

Saturday, January 24, 2015

I guess it's not so secret any more

Thomas Danziger and George Lederman at artnet:  New York DA Launches Secret Art Sales Tax Investigation.  With helpful advice on what to do if you get a call.

"The numbers don’t lie."

"At New York’s Museum of Modern Art, 24 of 1,221 works by Pablo Picasso in the institution’s permanent collection can currently be seen by visitors. Just one of California conceptual artist Ed Ruscha’s 145 pieces is on view. Surrealist Joan Miró? Nine out of 156 works."

That's from this BBC story -- "Why museums hide masterpieces away."

Michael Rushton tweets:  "Stories like this provide something of a challenge to the anti-deaccessionists, no?"

But all they ever said is that they're holding them in the public trust.  Who said anything about access?

Denial of Cert in Norton Simon Case

The Art Newspaper's Laura Gilbert has the story here.  The usual excellent analysis from Nicholas O'Donnell here.  Previous coverage here.

Friday, January 23, 2015

Luc Tuymans Loses Copyright Infringement Suit in Belgium (UPDATED 2X)

Hyperallergic has the story.

Sergio Muñoz Sarmiento says:  "If this was in a New York court, and under the current Second Circuit ruling of Cariou v. Prince, we highly doubt that Tuymans’ appropriation would constitute fair use."

I would rephrase that slightly as:  "If this was in a New York court, and under the current Second Circuit ruling of Cariou v. Prince, we would have no idea whatsoever whether Tuymans’ appropriation would constitute fair use."

UPDATE:  Adrian Searle makes the case for Tuymans.

UPDATE 2:  More reactions trickling in.  LA Times art critic Christopher Knight says:  "Is making a painting of someone else's photograph plagiarism? Uh, no."  Richard Prince (yes, that Richard Prince) says instead of claiming "parody," "Tuymans just should of said, 'it's what I wanted to do.'"  And Lewis Bush at Hyperallergic:  "Luc Tuymans Case Illustrates the Failure of Europe’s Copyright Laws."

"Miller’s suit marks the latest in a string of cases involving the commercial use of street art"

New York Post:  Graffiti artist sues developer over use of images in advertising.