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

Katie and Steve talk with Ben Lewis, author of the new book,&nbsp;The Last Leonardo: The Secret Lives of the World’s Most Expensive Painting,&nbsp;about the history and ultimate sale by Christie’s auction house in November 2017 of the painting&nbsp;Salvator Mundi&nbsp;which they attribute to Leonardo Da Vinci for just over $450.3 million.  Resources: https://www.amazon.com/Last-Leonardo-Secret-Expensive-Painting/dp/1984819259 https://www.christies.com/features/Leonardo-and-Post-War-results-New-York-8729-3.aspx https://www.theguardian.com/books/2019/apr/17/last-leonardo-secret-lives-worlds-most-expensive-painting-ben-lewis-review https://www.thetimes.co.uk/article/the-last-leonardo-by-ben-lewis-review-is-salvator-mundi-really-worth-450-million-vqvk2gjx5 https://www.nytimes.com/2019/03/30/arts/design/salvator-mundi-louvre-abu-dhabi.html  Episode Transcription Steve Schindler: Hi. I’m Steve Schindler. Katie Wilson-Milne: I’m Katie Wilson-Milne. Steve Schindler: Welcome to the Art Law Podcast, a monthly podcast exploring the places where art intersects with and interferes with the law. Katie Wilson-Milne: The Art Law Podcast is sponsored by the law firm of Schindler Cohen &amp; Hochman LLP, a premiere litigation and art law boutique in New York City. Hi, Steve. Steve Schindler: Hi, Katie. Katie Wilson-Milne: So, today, we are going to finally talk about the drama-filled discovery and sale of the painting Salvator Mundi by Leonardo da Vinci, that was sold on November 15, 2017 at Christie's in New York at the Post-War and Contemporary Evening Sale for the reasonable sum of $450 million including the fees, and that makes it the most expensive painting ever sold. The work was sold in that sale by a Russian oligarch and it was purchased by a Saudi prince. And it has now disappeared from view. It’s thought to be in Switzerland. But all we really know is that it’s not on public display at this point and we don’t know when the world will see it again. The painting is said to be the last discovered Leonardo da Vinci work on earth and is the subject of much critical analysis and as we will discuss today, a fascinating new book. As many of our listeners may already know, there is tremendous disagreement about the painting’s authenticity and restoration process, which is all part of what we will dive into today. Steve Schindler: So, we are here today with Ben Lewis, the author of the soon-to-be-released book entitled, The Last Leonardo: The Secret Lives of the World’s Most Expensive Painting. Ben Lewis is an art critic, author, and documentary filmmaker and visiting fellow at The Warburg Institute in London, and has written widely about art and culture for the international press. His award-winning documentary films include The Beatles, Hippies and Hells Angels: Inside the Crazy World of Apple and The [Great] Contemporary Art Bubble. Ben has an MA in history and art history from Trinity College at Cambridge University. So, Ben welcome to the podcast and congratulations on the book. Ben Lewis: Thanks for having me in. Katie Wilson-Milne: Steve and I have both read it in its entirety, which is a singing endorsement. Steve Schindler: And it’s riveting. We really do recommend it. How did you become interested in this work? Ben Lewis: Well, I’ve been tracking the Salvator Mundi for quite a few years, ever since Sam Knight published the story in The New Yorker about the so-called “Bouvier Affair.” And Yves Bouvier had sold the Salvator Mundi to Dmitry Rybolovlev, this Russian oligarch, for $127.5 million. But you know, so, he discovered the day before, he bought the picture for $80 million, and I think that’s probably makes him, in sort of a dollar-per-minute terms the most successful art dealer in the history of the world. And it was an extraordinary, you know, story of subterfuge and of the blurred lines in the art market. Bouvier sold Dmitry Rybolovlev, as you probably know, in total $2 billion worth of art over...

"The Last Leonardo" with Ben Lewis

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.

"The Last Leonardo" with Ben Lewis

The Art Law Podcast

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