The Art Law Podcast

Latest Episodes:

The Parthenon Marbles Dispute Mar 04, 2024

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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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Art Law Litigation Updates: Fraud, Fair Use, and Nazi Looting Feb 06, 2024

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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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2023 AI and Art Wrap Up Jan 09, 2024

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Steve and Katie take a look at the many developments around generative AI and fine art, including debates and litigation on copyrightability and infringement as well as the policy concerns surrounding increased use of generative AI to create artworks.

Notes for this episode: http://artlawpodcast.com/2024/01/09/2023-ai-and-art-wrap-up/

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New Hurdles to Importing Art in the EU Dec 06, 2023

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Katie and Steve talk with renowned art lawyer Pierre Valentin about the EU's new and striking import regulations on cultural goods, including fine art and cultural property, that prohibit the import of applicable items not created in the EU into the EU if they cannot be shown to have been legally exported from their countries of origin. We discuss the impetus for these regulations, the problem with discerning ownership and export history of cultural property, and the key problems with the new regulation's successful implementation and enforcement.

Notes for this episode: http://artlawpodcast.com/2023/12/06/new-hurdles-to-importing-art-in-the-eu/

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Returning "The Wounded Indian" Statue to Massachusetts Nov 07, 2023

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Steve and Katie talk with their colleague Tom Kline about his client, the Massachusetts Charitable Mechanic Association (MCMA), and its decades-long quest to reclaim the dramatic marble statue The Wounded Indian by Peter Stephenson, modeled after the Roman sculpture The Dying Gaul. MCMA was founded by Paul Revere in 1795 and was gifted the statue in 1893. After vacating its storied headquarters in 1958, MCMA was told the statute had been destroyed. Only in 2023 did it get the statue back.

Notes for this episode: http://artlawpodcast.com/2023/11/07/returning-the-wounded-indian-statue-to-massachusetts/

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What Can Artificial Intelligence Offer Art Authentication? Sep 06, 2023

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Steve and Katie speak with Dr. Carina Popovici, CEO and Founder of Art Recognition, an art and technology startup that uses AI systems to evaluation the authenticity of artworks. They discuss the problems with authentication in the traditional art market and the promise and limitations of AI in solving these problems along with some real-world examples.

Notes for this episode: http://artlawpodcast.com/2023/09/06/ what-can-artificial-intelligence-offer-art-authentication/

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Do Market Players React to Court Decisions Impacting Art? Jul 05, 2023

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Katie and Steve speak with WIPO economists Alexander Cuntz and Matthias Sahli about their recent article, Intermediary liability and trade in follow-on innovation, published in the Journal of Cultural Economics in February 2023. Their research looks at how intermediaries in the art market altered their behavior after the Second Circuit's decision in Cariou v. Prince, which was seen as greatly expanding permissible fair use in appropriation art. THIS PODCAST WAS RECORDED BEFORE THE SUPREME COURT'S DECISION IN THE WARHOL CASE, WHICH PULLED BACK ON THE TRANSFORMATIVE USE ANALYSIS FOR COPYRIGHT FAIR USE.

Notes for this episode: http://artlawpodcast.com/2023/07/05/do-market-players-react-to-court-decisions-impacting-art/

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SCOTUS Says Warhol Not So Fast: The Limitations of Transformative Use Jun 05, 2023

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Katie and Steve talk to Philippa Loengard, copyright expert and Director of the Kernochan Center for Law, Media and the Arts at Columbia Law School, about the much-anticipated Supreme Court decision in Andy Warhol Foundation v. Goldsmith,which resets and limits the applicability of "transformative" fair use as an exception to copyright infringement.

Notes for this episode: http://artlawpodcast.com/2023/06/05/scotus-says-warhol-not-so-fast-the-limitations-of-transformative-use/

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Fashion, NFTs, and Artistic Expression Apr 04, 2023

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Katie and Steve talk to attorney Emily Poler, founder of Poler Legal, about the recent lawsuit between the iconic French fashion house Hermès and an NFT creator, Mason Rothschild, over Rothschild's "MetaBirkin" NFTs. Hermès claimed that Rothschild infringed Hermès' trademark in the name "Birkin." Hermès prevailed on this claim (and others) in a jury trial earlier this year. Katie, Steve, and Emily discuss the contours of this lawsuit and the reach of trademark law to police fashion brands, copyright's limitations, and trademark law's applicability to artistic expression, especially in the context of NFTs.

Notes for this episode: http://artlawpodcast.com/2023/04/04/fashion-nfts-and-artistic-expression/

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The Promise of NFTs for Artists and the Art Market Mar 01, 2023

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Steve and Katie speak with Amy Whitaker about her new book with Nora Burnett Abrams, The Story of NFTs: Artists, Technology and Democracy. Amy describes her vision for the promise of NFTs for artists and a more equitable art market and discusses the democratic incentives NFTs create in this world. They discuss NFTs in the context of the current moment of uncertainty around the future of cryptocurrency, the blockchain, and the value of NFTs in general and the potential problems and limitations of NFTs within the fine art ecosystem.

The Story of NFTs: Artists, Technology, and Democracy: https://www.rizzoliusa.com/book/9780847899364/

Notes for this episode: http://artlawpodcast.com/2023/03/01/the-promise-of-nfts-for-artists-and-the-art-market/

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