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 discuss the role of science in fine art.&nbsp; Specifically, what can science tell us about a work of art’s origin and authenticity?&nbsp; Can science help us discover fakes and forgeries undetected by traditional connoisseur style observation?&nbsp; We are joined by the famous art scientist Jamie Martin to discuss these issues, recount famous forgery scandals, and delve into his techniques and practices. Show notes: &nbsp;http://orionanalytical.com/media/  http://www.sothebys.com/en/news-video/blogs/all-blogs/sotheby-s-at-large/2016/12/scientist-art-world-james-martin.html https://www.wired.com/2016/12/how-to-detect-art-forgery/  https://www.artsy.net/article/artsy-editorial-the-8-most-prolific-forgers-in-art-history-that-we-know-of  https://www.vanityfair.com/culture/2012/10/wolfgang-beltracchi-helene-art-scam  https://news.artnet.com/market/forger-wolfgang-beltracchi-exhibition-296551  http://www.nytimes.com/2012/07/19/arts/design/ken-perenyi-art-forger-now-sells-his-work-as-copies.html Episode 2 Transcription:&nbsp; 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 where art intersects with and interferes with the law. Katie Wilson-Milne:&nbsp; And vice versa. &nbsp;The Art Law Podcast is sponsored by the Law firm of Schindler Cohen &amp; Hochman LLP, a premier litigation and art law boutique in New York City. On this episode of the podcast we will be discussing the role of science and fine art. Specifically what can science tell us about the work of arts origin and authenticity? Can science help us discover fakes and forgeries that would be undetected by more traditional connoisseur-style observation? Steve Schindler:&nbsp; We’re here today with Jamie Martin, Senior Vice President and Director of Scientific Research at Sotheby’s auction house, a title that really doesn’t do Jamie justice. Jamie is an artist, art conservator and forensic scientist. In 2000, he founded a company called Orion Analytical that became the preeminent materials analysis and consulting firm, specializing in the scientific analysis of art and cultural property. Working at the intersection of art and science, Jamie has revealed multimillion dollar forgeries in the art market, taught at The Getty Conservation Institute and the FBI, and conducted more than 1800 scientific investigations for museums, galleries, insurance companies, and private collectors around the world. Katie and I have both worked closely with Jamie and it is a genuine pleasure to welcome him to the podcast. Welcome to the podcast Jamie. Jamie Martin:&nbsp; Hi! Katie Wilson-Milne:&nbsp; Yes, thanks for being here Jamie. So what can science tell us about art? Jamie Martin:&nbsp; The way I like to phrase it is, is that science helps art tell its own story. Science can reveal the structure of the work, its composition and its condition. Steve Schindler:&nbsp; How Jamie would you say that science intersects with questions about authenticity and fraud? Jamie Martin:&nbsp; Well, in about 2009, the College Art Association codified guidelines and standards for authentications and attributions. Steve Schindler:&nbsp; What is the College Art Association? Jamie Martin:&nbsp; I'm not a member, but my understanding is that it’s a national association of art historians principally in colleges but also working privately or working in museums as well. Steve Schindler:&nbsp; Okay, so they came out with some guidelines? Jamie Martin:&nbsp; They did and in codifying guidelines they identified three essential elements involved in the authentication attribution process. The first oldest most important and never to be replaced is stylistic connoisseurship, which is examination with learned eye of the scholar. The scholar is the person or the entity that attributes and actually authenticates work of art. The second...

What Can Science Tell Us About Art?

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.

What Can Science Tell Us About Art?

The Art Law Podcast

Related tracks