Episodes

  • Enforceability and Effectiveness of Art Market Resale Restrictions
    Oct 8 2024

    Katie and Steve speak with preeminent art advisor Megan Fox Kelly about the proliferation of resale restrictions in art transactions, what problems they seek to address, who they purport to help, how effective they are, and the legal issues they raise. They discuss the overlapping cultural, social, and legal aspects of these contractual terms.

    Notes for this episode: https://artlawpodcast.com/2024/10/08/enforceability-and-effectiveness-of-art-market-resale-restrictions/

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    Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

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    55 mins
  • France v. USA: Legal Remedies for Authentication Disputes
    Sep 9 2024

    Steve and Katie speak with two preeminent French art lawyers, Anne-Sophie Nardon and Olivier de Baecque, about disputes surrounding the authenticity of art and how French and US courts get involved in these disputes. Because many of the world’s greatest artists made their home in France, many of the experts on these artists and their work are in France, and French courts have long adjudicated disputes about the accuracy of opinions made by experts regarding authenticity.

    Notes for this episode: https://artlawpodcast.com/2024/09/09/france-v-usa-legal-remedies-for-authentication-disputes/

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    Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

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    57 mins
  • Season End Art Law Roundup
    Jul 9 2024

    Steve and Katie discuss several art law topics in this end-of-season episode. They talk about internal thefts at the British Museum, the ongoing Victorious Youth litigation between Italy and the Getty Trust, the Damien Hirst backdating scandals, the litigation between the Manhattan DA and the Art Institute of Chicago, and the recent litigation between the Donald Judd Foundation and Kim Kardashian.

    End-of-season message from Steve and Katie: Thank you to all of our listeners for your support, and we look forward to bringing you season 8 in September!

    Notes for this episode: https://artlawpodcast.com/2024/07/09/season-end-art-law-roundup/

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    Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

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    44 mins
  • Italy’s Expansive Control Over Cultural Heritage
    Jun 3 2024

    Steve and Katie speak with Italian lawyer Giuseppe Calabi and art historian Sharon Hecker about Italy’s cultural patrimony laws granting state institutions control over the use of images of cultural property long in the public domain. They discuss the legal, ethical, and practical issues with such laws and their specific application to uses of the Vitruvian Man by Leonardo da Vinci located at the Gallerie dell'Accademia in Venice and the statue of David by Michelangelo located at the Gallerie dell'Accademia in Florence.

    Notes for this episode: https://artlawpodcast.com/2024/06/03/italys-expansive-control-over-cultural-heritage/

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    57 mins
  • The 25th Anniversary of the Washington Conference Principles and Where We are on Nazi-Looted Art
    May 13 2024

    Steve and Katie talk with their colleague, Tom Kline, about the Nazi’s program of remaking European culture, the enormous theft and displacement of art that occurred as part of that program, and the efforts of the heirs of Jews displaced during World War II to reclaim art and cultural property. The discussion focuses on the Washington Principles, the updated best practices issued upon their 25th anniversary, and how claims for restitution have changed over this time.

    Notes for this episode: https://artlawpodcast.com/2024/05/13/the-25th-anniversary-of-the-washington-conference-principles-and-where-we-are-on-nazi-looted-art/

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    52 mins
  • The Native American Graves Protection and Repatriation Act Gets Some Teeth
    Apr 2 2024

    Katie and Steve speak with colleague Eden Burgess about the Native American Graves Protection and Repatriation Act (NAGPRA), its history, purpose, and requirements to repatriate cultural property and human remains to Native American tribes and Native Hawaiian Organizations, as well as new regulations that are leading major museums to remove or close exhibitions of Native American and Hawaiian objects while taking action to implement NAGPRA in consultation with tribes that have ownership claims.

    Notes for this episode: https://artlawpodcast.com/2024/04/02/the-native-american-graves-protection-and-repatriation-act-gets-some-teeth/

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    43 mins
  • The Parthenon Marbles Dispute
    Mar 4 2024

    Katie and Steve take a deep dive into the history and current status of the Parthenon Marbles with Alexander Herman, director of the Institute of Art and Law in London and author of the recent book The Parthenon Marbles Dispute: Heritage, Law, Politics.

    Notes for this episode: https://artlawpodcast.com/2024/03/04/the-parthenon-marbles-dispute/

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    1 hr and 17 mins
  • Art Law Litigation Updates: Fraud, Fair Use, and Nazi Looting
    Feb 6 2024

    Katie and Steve discuss three recent litigation updates. They discuss the outcome of the trial in the case brought by Dmitry Rybolovlev against Sotheby’s for aiding in the alleged fraud of Yves Bouvier, the most recent Richard Prince fair use copyright infringement cases brought by two photographers, and the Ninth Circuit decision applying Spanish law to deny return of a Pissarro painting to the family of Lily Cassirer, whose property was looted by the Nazis and is currently located in a Spanish museum.

     

    Notes for this episode: http://artlawpodcast.com/2024/02/05/art-law-litigation-updates-fraud-fair-use-and-nazi-looting/

     

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    40 mins