Katie and Steve speak with WIPO economists Alexander Cuntz and Matthias Sahli about their recent article, Intermediary liability and trade in follow-on innovation,&nbsp;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&nbsp;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&nbsp;WARHOL&nbsp;CASE, WHICH PULLED BACK ON THE TRANSFORMATIVE USE ANALYSIS FOR COPYRIGHT FAIR USE. &nbsp; Notes for this episode:  &nbsp; Follow the Art Law Podcast Instagram:  TikTok:

Do Market Players React to Court Decisions Impacting Art?

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

What Can Artificial Intelligence Offer Art Authentication?

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

On this month’s podcast, we take a close look at art auctions – how they work, their place in the art market and the rules and regulations that confine/define them.&nbsp; Auctions at Sotheby’s and Christie’s now regularly net tens and sometimes hundreds of millions of dollars for a single work.&nbsp; Christie’s recently sold Leonardo da Vinci’s Salvator Mundi painting for $450 million, by far the highest price ever garnered by a piece of art at auction.&nbsp; At the same time, much about the auction process remains secret.&nbsp; The identity of the buyer and seller is often known only to the auction house, and the reserve price (below which an artwork will not be sold) is known by the auctioneer but not the bidders.&nbsp; While the auctioneer may not sell a work of art below its reserve price, it can bid on the work below the reserve to get the auction going.&nbsp; Steve and Katie discuss these issues and others having to do with regulation, transparency and potential conflicts, and welcome famous Sotheby’s auctioneer Oliver Barker to take us behind the scenes of a big auction.   Resources: http://www.sothebys.com/en/specialists/oliver-barker/bio.html  https://www.nytimes.com/2013/01/28/arts/design/as-art-market-rise-so-do-questions-of-oversight.html  https://www1.nyc.gov/assets/dca/downloads/pdf/about/auctioneer_law_rules.pdf https://www.princeton.edu/ceps/workingpapers/203ashenfelter.pdf https://insight.kellogg.northwestern.edu/article/place_your_bids  http://blogs.cornell.edu/info2040/2015/10/15/auction-psychology-emotions-behind-bidding/ https://mindhacks.com/2012/09/19/bbc-column-auction-psychology/  https://www.thecut.com/2016/12/inside-the-mind-of-a-million-dollar-art-bidder.html  Episode 4 Transcription Steve Schindler: &nbsp;Hi, I’m Steve Schindler. Katie Wilson-Milne:&nbsp; I’m Katie Wilson-Milne. Steve Schindler:&nbsp; Welcome to the Art Law Podcast a monthly podcast exploring the places were art intersects with and interferes with the law. Katie Wilson-Milne: &nbsp;And vice versa.&nbsp;&nbsp; The art law podcast is sponsored by the law firm of Schindler Cohen &amp; Hochman LLP, a premier ligation and art law boutique in New York City. Oliver Barker: &nbsp;There was that element of, you know, great excitement coupled with complete fear in terms of – kind of the very live nature of that performance, and that’s something which has always appealed to me as an auctioneer.&nbsp; You know, there’s a very live entertainment kind of perspective of that role. Steve Schindler: &nbsp;Katie, I received some feedback on the podcast from listeners this weekend, and one of the comments that was made to me was with respect, particularly to the Berkshire Museum Deaccessioning episode, that this listener didn’t think that we were necessarily impartial enough or that we were taking sides.&nbsp; And I thought about that a little bit and one of the things that I feel is that we're not journalist. &nbsp;We're not pretending to be journalists and we have points of view, and I think we're going to express them. &nbsp;What I think is also important, though, is where possible to have people aligned with different points of view, and we are very open to that.&nbsp; So, I would say if somebody from Berkshire Museum who listened to our podcast, a representative or a member of the Board of Trustees, would like to come on and present their point of view in conversation with us – Katie Wilson-Milne: &nbsp;We would love that. Steve Schindler:&nbsp; We would love that. &nbsp;And similarly with respect to the 5Pointz episode, we spent a lot of time with the artists and people involved in 5Pointz, but certainly if Mr. Wolkoff wants to come on and talk about what motivated him – Katie Wilson-Milne: To develop the site. Steve Schindler: &nbsp;We're happy to have him on – and have the conversation. &nbsp;We will still have the same view points that we have, but we certainly would like to engage with people who have...

Art of the Chase: Inside Art Auctions

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 of the Chase: Inside Art Auctions

The Art Law Podcast

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