The Art Law Podcast

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Updates on Art, Free Speech, and Government Censorship Mar 25, 2025

Show notes

Steve and Katie welcome back Professor Amy Adler to discuss the First Amendment's free speech protections as they apply to artistic expression in the context of several recent incidents. Specifically, they discuss the police seizure of certain Sally Mann photographs from the Modern Art Museum of Fort Worth in the context of obscenity and child pornography laws, the removal of the For Freedoms billboard depicting the march on Selma in Montgomery, Alabama, and the lawsuit about the Nirvana "Nevermind" album cover depicting a naked baby.

Notes for this episode: https://artlawpodcast.com/2025/03/25/updates-on-art-free-speech-and-government-censorship/

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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.

The Law of Stolen Art in Germany Feb 21, 2025

Show notes

Katie and Steve speak with renowned German art lawyer Dr. Katharina Garbers-von Boehm about the law of title in Germany as it applies to art, including the concepts of good and bad faith in considering ownership, the legal primacy of possession, and the doctrine of adverse possession that allows possessors of stolen property, like Nazi-looted art, to take good title after a certain number of years. They discuss differences under U.S. law, particularly with respect to stolen property, soft laws that encourage voluntary actions that the law may foreclose, and recent German law developments surrounding Nazi-looted art.

Notes for this episode: https://artlawpodcast.com/2025/02/21/the-law-of-stolen-art-in-germany/

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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.

Who Should Control the Benin Bronzes Jan 13, 2025

Show notes

Katie and Steve speak with their colleague Eden Burgess and guest Dr. Ndubuisi C. Ezeluomba, Curator of African Art at the Virginia Museum of Fine Art and an expert in Benin Bronzes, about the artistic history of Benin City in current day Nigeria, the fate of the Benin Bronzes that dispersed around the world after the British invasion and looting of Benin Kingdom in 1897, and how we should think about ownership and possession of these valuable objects today.

Notes for this episode: https://artlawpodcast.com/2025/01/13/who-should-control-the-benin-bronzes/

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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.

The Ins and Outs of Art Finance Nov 18, 2024

Show notes

Steve and Katie speak with former SCH colleague Rebecca Fine, now CEO of Athena Art Finance, about her career, how art finance is structured and diligenced, who art finance is for, and the risks that Athena and other lenders try to mitigate.

Notes for this episode: https://artlawpodcast.com/2024/11/18/the-ins-and-outs-of-art-finance/

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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.

Enforceability and Effectiveness of Art Market Resale Restrictions Oct 08, 2024

Show notes

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.

France v. USA: Legal Remedies for Authentication Disputes Sep 09, 2024

Show notes

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.

Season End Art Law Roundup Jul 09, 2024

Show notes

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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TikTok: https://www.tiktok.com/@artlawpodcast

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

Italy's Expansive Control Over Cultural Heritage Jun 03, 2024

Show notes

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

Show notes

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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The Native American Graves Protection and Repatriation Act Gets Some Teeth Apr 02, 2024

Show notes

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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