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. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:  TikTok:

Returning "The Wounded Indian" Statue to Massachusetts

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. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:  TikTok:

New Hurdles to Importing Art in the EU

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. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:  TikTok:

2023 AI and Art Wrap Up

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. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:&nbsp; TikTok:&nbsp;

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

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&nbsp;The Parthenon Marbles Dispute: Heritage, Law, Politics. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:&nbsp; TikTok:&nbsp;

The Parthenon Marbles Dispute

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. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:&nbsp; TikTok:&nbsp;

The Native American Graves Protection and Repatriation Act Gets Some Teeth

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. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:&nbsp; TikTok:&nbsp;

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

Steve and Katie speak with Italian lawyer Giuseppe Calabri 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&nbsp;by Leonardo da Vinci located at the&nbsp;Gallerie dell'Accademia in&nbsp;Venice and the statue of&nbsp;David by Michelangelo located at the&nbsp;Gallerie dell'Accademia&nbsp;in Florence. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:&nbsp; TikTok:&nbsp;

Italy’s Expansive Control Over Cultural Heritage

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! &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:&nbsp; TikTok:&nbsp;

Season End Art Law Roundup

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. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:&nbsp; TikTok:&nbsp; 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

On this month’s episode, Steve and Katie dive into the charged topic of censorship.&nbsp; With guest Professor Amy Adler they talk about government and non-government attempts to censor art, what the legal boundaries are and where the law actually has little if nothing to say about censorship of art.&nbsp; They describe applicable First Amendment doctrine, apply it to art and examine particular examples of art “censorship” from the culture wars of the 1990s through today, from both the political right and left.    Cases: NEA v. Finley, 524 U.S. 569 (1998) https://supreme.justia.com/cases/federal/us/524/569/ &nbsp; Brooklyn Institute of Arts v. City of New York, 64 F. Supp. 2d 184 (EDNY 1999)  https://law.justia.com/cases/federal/district-courts/FSupp2/64/184/2578531/ &nbsp; Miller v. California, 413 U.S. 15 (1973) https://supreme.justia.com/cases/federal/us/413/15/case.html &nbsp; More on Professor Amy Adler:  https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.publications&amp;personid=19731  https://its.law.nyu.edu/faculty/profiles/representiveFiles/AAdler%20-WhatsLeft_07384796-06AF-3DCE-319D61EB85F8DEE0.pdf  https://its.law.nyu.edu/faculty/profiles/representiveFiles/AAdler%20-ArtofCensorship_072BB4FD-0B4D-10ED-EBBCFBD203509CC8.pdf &nbsp; Articles on topics discussed:  https://www.nytimes.com/2000/03/28/nyregion/giuliani-dropping-his-bitter-battle-with-art-museum.html  https://www.smithsonianmag.com/history/when-art-fought-law-and-art-won-180956810/  http://www.washingtonpost.com/wp-dyn/content/article/2010/11/30/AR2010113004647.html  https://conversations.e-flux.com/t/hannah-blacks-letter-to-the-whitney-biennials-curators-dana-schutz-painting-must-go/6287  https://hyperallergic.com/368290/censorship-not-the-painting-must-go-on-dana-schutzs-image-of-emmett-till/  https://news.artnet.com/art-world/dana-schutz-controversy-recent-protests-changed-museums-forever-1236020  https://www.nytimes.com/2017/03/27/arts/design/emmett-till-whitney-biennial-schutz.html  https://news.artnet.com/art-world/walker-sculpture-garden-to-remove-sam-durant-scaffold-977447  https://www.nytimes.com/2017/09/13/arts/design/walker-art-center-scaffold.html  https://www.nytimes.com/2017/09/26/arts/design/guggenheim-art-and-china-after-1989-animal-welfare.html  https://www.nytimes.com/2018/01/28/arts/design/chuck-close-exhibit-harassment-accusations.html  https://www.theartnewspaper.com/analysis/museums-too-what-should-institutions-do-when-artists-are-accused-of-abuse  Produced by Jackie Santos.

Art, Censorship and the First Amendment

The Art Law Podcast hosts discussions about topics at the intersection of art and law with art lawyers Steve Schindler and Katie Wilson-Milne and their distinguished guests.

Art, Censorship and the First Amendment

The Art Law Podcast

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