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Explore every episode of the podcast The Art Law Podcast

Dive into the complete episode list for The Art Law Podcast. Each episode is cataloged with detailed descriptions, making it easy to find and explore specific topics. Keep track of all episodes from your favorite podcast and never miss a moment of insightful content.

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TitlePub. DateDuration
The Threat of Generative AI to Artists01 Sep 202601:22:22

Katie and Steve speak with Ben Zhao, Neubauer Professor of Computer Science at the University of Chicago, about the impact of generative AI systems on working artists and the visual arts ecosystem, the economic and technical challenges, recent litigation and legislative advocacy to limit the impact of generative AI on human creators, and the creation of technical tools to protect human creatives against generative AI use.

 

Notes for this episode: https://artlawpodcast.com/2026/09/01/the-threat-of-generative-ai-to-artists/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Museum Provenance Curation and David Drake the Potter15 Jun 202601:09:59

Steve and Katie speak with their colleague and return guest Tom Kline and special guest Victoria Reed, the renowned Provenance Curator at the MFA Boston, about the status of provenance research and ownership review at US museums and also the first of its kind agreement between MFA Boston and the descendants of enslaved potter David Drake (aka Dave the Potter) resolving the ownership of two of Drake's monumental stoneware vessels.

 

Notes for this episode: https://artlawpodcast.com/2026/06/15/museum-provenance-curation-and-david-drake-the-potter/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Ninth Circuit Greenlights Tattoo Copying of Photographs (of Miles Davis at least)27 Apr 202601:05:27

Katie and Steve speak with esteemed copyright lawyer Nancy Wolff about the Ninth Circuit case Sedlik v. Von Drachenberg, in which photographer Jeffrey Sedlik sued celebrity tattoo artist Kat Von D for copyright infringement related to her inking a copy of his photographic portrait of Miles Davis on a friend's arm and publicizing the process on social media. They discuss the Ninth Circuit's unique approach to copyright infringement in applying a subjective (jury-determined) test for substantial similarity based on "total concept and feel" and how that test may be in conflict with basic and established copyright principals.

 

Notes for this episode: https://artlawpodcast.com/2026/04/27/ninth-circuit-greenlights-tattoo-copying-of-photographs-of-miles-davis-at-least/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Barnes Part II: The Legal Battles17 Feb 202600:53:54

Katie and Steve continue discussing the Barnes Foundation with attorney Ralph Wellington, who represented the Barnes Foundation during its successful but extremely controversial multi-year effort to amend its founding documents and create a new arts education center in Philadelphia. They discuss the origins of the Foundation, its governing documents, financial struggles, and evolution over the many decades since Albert Barnes' death in 1951, as well as the legal doctrines at play in "breaking" the terms Barnes created for the Foundation.

 

Notes for this episode: https://artlawpodcast.com/2026/02/17/barnes-part-ii-the-legal-battles/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Albert Barnes Part I: The Controversial Man and his Foundation05 Jan 202601:15:14

Steve and Katie speak with critic and author Blake Gopnik about his new book The Maverick's Museum: Albert Barnes and His American Dream. They discuss Barnes's rise out of poverty to the heights of modern art collecting and his progressive societal priorities, namely the foundation he started to educate common people through a formalist approach to modern art. This foundation, like Barnes himself, became mired in controversy and a victim of Barnes's desire to have complete control after his death. Part II will be released next month and will focus on the legal battles involving the Foundation after Barnes's death, culminating in the Foundation's transformation to a public museum in a new building in downtown Philadelphia.

 

Notes for this episode: https://artlawpodcast.com/2026/01/05/albert-barnes-part-i-the-controversial-man-and-his-foundation/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Art Law at Christie's with Maggie Hoag12 Nov 202501:03:46

Steve and Katie talk with fellow art lawyer Maggie Hoag about her journey from art to law and then to art law, including her transition from private practice to a long career as a top lawyer at Christie's in New York. They discuss the nature of legal work at a major auction house and how the practice and industry has changed over time.

 

Notes for this episode: https://artlawpodcast.com/2025/11/12/art-law-at-christies-with-maggie-hoag/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

The Art Market Integrity Act: Are AML regulations finally coming to the US art market?14 Oct 202500:56:44

Steve and Katie speak with art market regulatory and compliance expert Jane Levine about the state of anti-money laundering regulations in the art world and the efficacy and limitations of new legislation proposed in the United States.

 

Notes for this episode: https://artlawpodcast.com/2025/10/14/the-art-market-integrity-act-are-aml-regulations-finally-coming-to-the-us-art-market/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Switzerland Starts to Address "Cultural Property with a Burdened Past"04 Sep 202501:03:17

Katie and Steve speak with Swiss art lawyer Florian Schmidt-Gabain about Switzerland's (very) recent establishment of an "Independent Committee for Cultural Property with a Burdened Past" that will hear ownership disputes about Nazi-looted art as well cultural property acquired during the colonial era. They discuss why it has taken the Swiss so long to establish a process like this, the unique role of Switzerland during WWII, the challenges of the mostly voluntary and non-binding process, and the many questions that remain open as implementation unfolds.

 

Notes for this episode: https://artlawpodcast.com/2025/09/04/switzerland-starts-to-address-cultural-property-with-a-burdened-past/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Teaching Art Law29 Jul 202501:03:09

Steve and Katie talk with Professor Stephen Urice and Judge Simon Frankel about their careers in art law, art law teaching, and their authorship of the 6th edition of the renowned art law textbook "Law, Ethics, and the Visual Arts." They talk about art law as an academic subject, how to teach and present art law to students, and the experience of updating and rewriting an iconic textbook originally written by the founder of art law teaching, John Henry Merryman.

 

Notes for this episode: https://artlawpodcast.com/2025/07/29/teaching-art-law/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

An Update on the Manhattan DA's Turnover Proceeding against the Art Institute of Chicago01 Jul 202500:35:11

Katie and Steve discuss the recent decision by the New York Supreme Court granting the Manhattan District Attorney request for a turnover order directing the Art Institute of Chicago to return a drawing by Egon Schiele, "Russian War Prisoner," that the museum acquired in 1966. Katie and Steve review the history of the ownership of the drawing by Fritz Grünbaum, a cabaret singer who was killed by the Nazis in 1941, and the legal proceedings involving his art collection leading up to this controversial decision.

 

Notes for this episode: https://artlawpodcast.com/2025/07/01/an-update-on-the-manhattan-das-turnover-proceeding-against-the-art-institute-of-chicago/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

The Problem of Sleepers24 Apr 202500:54:33

Steve and Katie speak with Swiss art lawyer Anne Laure Bandle about the subject of her book "The Sale of Misattributed Artworks and Antiques at Auction" - the problem of "sleepers," or misattributed and undervalued works of art sold at auction. We all dream of buying a painting at a yard sale that we later discover to be worth millions of dollars. On this podcast, we discuss the market incentives and structures that prevent discovery of sleepers.

 

Notes for this episode: https://artlawpodcast.com/2025/04/24/the-problem-of-sleepers/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Updates on Art, Free Speech, and Government Censorship25 Mar 202501:02:37

Steve and Katie welcome back Professor Amy Adler to discuss the First Amendment's free speech protections as they apply to artistic expression in the context of several recent incidents. Specifically, they discuss the police seizure of certain Sally Mann photographs from the Modern Art Museum of Fort Worth in the context of obscenity and child pornography laws, the removal of the For Freedoms billboard depicting the march on Selma in Montgomery, Alabama, and the lawsuit about the Nirvana "Nevermind" album cover depicting a naked baby.

 

Notes for this episode: https://artlawpodcast.com/2025/03/25/updates-on-art-free-speech-and-government-censorship/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

The Law of Stolen Art in Germany21 Feb 202500:52:37

Katie and Steve speak with renowned German art lawyer Dr. Katharina Garbers-von Boehm about the law of title in Germany as it applies to art, including the concepts of good and bad faith in considering ownership, the legal primacy of possession, and the doctrine of adverse possession that allows possessors of stolen property, like Nazi-looted art, to take good title after a certain number of years. They discuss differences under U.S. law, particularly with respect to stolen property, soft laws that encourage voluntary actions that the law may foreclose, and recent German law developments surrounding Nazi-looted art.

 

Notes for this episode: https://artlawpodcast.com/2025/02/21/the-law-of-stolen-art-in-germany/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Who Should Control the Benin Bronzes13 Jan 202501:23:21

Katie and Steve speak with their colleague Eden Burgess and guest Dr. Ndubuisi C. Ezeluomba, Curator of African Art at the Virginia Museum of Fine Art and an expert in Benin Bronzes, about the artistic history of Benin City in current day Nigeria, the fate of the Benin Bronzes that dispersed around the world after the British invasion and looting of Benin Kingdom in 1897, and how we should think about ownership and possession of these valuable objects today.

 

Notes for this episode: https://artlawpodcast.com/2025/01/13/who-should-control-the-benin-bronzes/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

The Ins and Outs of Art Finance18 Nov 202401:01:51

Steve and Katie speak with former SCH colleague Rebecca Fine, now CEO of Athena Art Finance, about her career, how art finance is structured and diligenced, who art finance is for, and the risks that Athena and other lenders try to mitigate.

 

Notes for this episode: https://artlawpodcast.com/2024/11/18/the-ins-and-outs-of-art-finance/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Enforceability and Effectiveness of Art Market Resale Restrictions08 Oct 202400:54:32

Katie and Steve speak with preeminent art advisor Megan Fox Kelly about the proliferation of resale restrictions in art transactions, what problems they seek to address, who they purport to help, how effective they are, and the legal issues they raise. They discuss the overlapping cultural, social, and legal aspects of these contractual terms.

 

Notes for this episode: https://artlawpodcast.com/2024/10/08/enforceability-and-effectiveness-of-art-market-resale-restrictions/

 

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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 Disputes09 Sep 202400:57:08

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.

 

Notes for this episode: https://artlawpodcast.com/2024/09/09/france-v-usa-legal-remedies-for-authentication-disputes/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Season End Art Law Roundup09 Jul 202400:43:46

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!

 

Notes for this episode: https://artlawpodcast.com/2024/07/09/season-end-art-law-roundup/

 

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Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Italy's Expansive Control Over Cultural Heritage03 Jun 202400:57:10

Steve and Katie speak with Italian lawyer Giuseppe Calabi 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 by Leonardo da Vinci located at the Gallerie dell'Accademia in Venice and the statue of David by Michelangelo located at the Gallerie dell'Accademia in Florence.

 

Notes for this episode: https://artlawpodcast.com/2024/06/03/italys-expansive-control-over-cultural-heritage/

 

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The 25th Anniversary of the Washington Conference Principles and Where We are on Nazi-Looted Art13 May 202400:52:16

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.

 

Notes for this episode: https://artlawpodcast.com/2024/05/13/the-25th-anniversary-of-the-washington-conference-principles-and-where-we-are-on-nazi-looted-art/

 

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The Native American Graves Protection and Repatriation Act Gets Some Teeth02 Apr 202400:42:47

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.

 

Notes for this episode: https://artlawpodcast.com/2024/04/02/the-native-american-graves-protection-and-repatriation-act-gets-some-teeth/

 

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The Parthenon Marbles Dispute04 Mar 202401:17:14

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 Looting06 Feb 202400:39:48

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 Up09 Jan 202401:02:42

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 EU06 Dec 202301:01:03

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 Massachusetts07 Nov 202300:44:45

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?06 Sep 202300:53:32

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?05 Jul 202301:00:29

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 Use05 Jun 202300:59:18

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 Expression04 Apr 202300:54:49

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 Market01 Mar 202301:05:09

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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The Art Seizures of the Spanish Civil War17 Jan 202300:56:39

Katie and Steve talk to Spanish art lawyer and scholar, Patricia Fernández, about the history of thousands of artwork seizures during the Spanish Civil War and the Spanish government's actions with respect to these artworks since then through today.

 

Notes for this episode: http://artlawpodcast.com/2023/01/17/the-art-seizures-of-the-spanish-civil-war/

 

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The 60+ Year Journey of a Stolen Pissarro Painting and Who Gets to Keep It13 Dec 202201:06:59

Steve and Katie speak with appellate litigator David Barrett about the story animating a recent Supreme Court case between the heirs of Lilly Cassirer, who fled Germany in 1939 after surrendering the painting Rue Saint-Honoré Après-midi, Effet de Pluie (Rue Saint-Honoré in the Afternoon, Effect of Rain) by Camille Pissarro to the Nazis, and the Spanish Museum known as the Thyssen-Bornemisza Collection. They discuss the journey of the painting in and out of the United States over a 60-plus-year period before it found its way into the collection of a Spanish museum, the Cassirer family's efforts to find and reclaim the painting, and the decades-long litigation in California that led to the recent Supreme Court decision overturning a decision of the 9th Circuit applying the Spanish law of adverse possession in favor of the Spanish Museum.

 

Notes for this episode: http://artlawpodcast.com/2022/12/13/the-60-year-journey-of-a-stolen-pissarro-painting-and-who-gets-to-keep-it/

 

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Some Art Museum-Related Updates25 Oct 202200:38:55

Katie and Steve discuss some recent art museum-related legal(ish) developments, including New York's new legislation requiring labeling of Nazi-looted art, the AAMD's long-awaited changes to its deaccessioning policy, and an unusual gift/sale of part of MoMA's collection.

 

Notes for this episode: http://artlawpodcast.com/2022/10/25/some-art-museum-related-updates/

 

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Director of the Louvre Arrested and a Dive into French Criminal Law06 Sep 202200:50:35

To open Season 6, Katie and Steve discuss the shocking arrest of Jean-Luc Martinez, director of the Louvre in Paris from 2013 to 2021, related to his involvement in the alleged trafficking of antiquities for the Louvre Abu Dhabi with French criminal lawyer Sarah Arpagaus. They discuss cultural property crimes more broadly and take a detour into the world of French criminal law and its striking difference with the system here in the US.

 

Notes for this episode: http://artlawpodcast.com/2022/09/06/director-of-the-louvre-arrested-and-a-dive-into-french-criminal-law/

 

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Russian Sanctions and the Art Market15 Jul 202200:53:32

Steve and Katie speak to anti-money laundering and sanctions expert Paula Trommel of Corinth Consulting about Russian sanctions and their impact on the art market in the short and long term.

 

Notes for this episode: http://artlawpodcast.com/2022/07/15/russian-sanctions-and-the-art-market/

 

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Fractional Ownership of Art: Can Regular People Own a Piece of the High End Art Market?09 Jun 202201:00:22

Katie and Steve speak with Evan Beard, currently Executive Vice President at Masterworks, about fractional ownership of art and new art securitization trends and initiatives, who the issuers and investors in this space are, and what they can achieve through these alternative investment structures.

 

Notes for this episode: http://artlawpodcast.com/2022/06/09/fractional-ownership-of-art-can-regular-people-own-a-piece-of-the-high-end-art-market/

 

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Surprise! NYC Repeals Auction Regulations10 May 202200:14:39

Steve and Katie give a brief update on New York City's recent repeal of its regulations governing auctioneers and auction practices. These regulations provided consumer protections by enforcing a measure of transparency into the auction process, such as requiring auctioneers to publicly disclose when they had a financial stake in an object being sold. Interestingly, major stakeholders appeared surprised by the repeal, which they had not requested and seemed indifferent about.

 

Notes for this episode: http://artlawpodcast.com/2022/05/10/surprise-nyc-repeals-auction-regulations/

 

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Anti-Money Laundering Update: FinCEN's Surprising Conclusion and the Impact of Russian Sanctions on the US Art Market28 Mar 202200:32:23

Susan Mumford and Chris King, co-founders of ArtAML, return to the Podcast and talk with Steve about the recent release by the Financial Crimes Enforcement Network ("FinCEN") of its "Study of the Facilitation of Money Laundering and the Financing of Terrorism through the Trade in Works of Art." To the surprise of Steve and his guests, FinCEN concluded that there is limited evidence of money laundering and little risk of terror financing through the sale of high value art. The discussion focuses on the findings of the study, and its implications, particularly when compared with the existing AML regulations covering the art market in the UK and the EU. (Susan and Chris discussed these requirements with Katie and Steve on the November 1, 2021 episode entitled: "How Anti-Money Laundering Regulations are Hitting the Art Market in the United Kingdom and What Participants Can Do to Comply.") Recorded just days after Russian troops invaded Ukraine, the conversation turned to the impact that sanctions against Russia and its oligarchs are likely to have on the high-value art market, and what art market participants must do to not run afoul of these sanctions.

 

Notes for this episode: http://artlawpodcast.com/2022/03/28/anti-money-laundering-update-fincens-surprising-conclusion-and-the-impact-of-russian-sanctions-on-the-us-art-market/

 

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Turkey's Quest for the Stargazer: Part 203 Mar 202200:56:22

With Katie on a parental leave, Steve speaks with Herrick Feinstein's Victor Rocco about his firm's representation of the Republic of Turkey in litigation brought by Turkey to possess a millennia-old Anatolian marble statue (the Stargazer) owned by Michael Steinhardt and sold by him through Christie's. (We previously had counsel for Christie's and Steinhardt on the podcast.)  After a trial in the Southern District of New York, Turkey lost for the primary reason that they could not provide facts supporting their claim to ownership of the Stargazer, specifically that it was stolen from modern day Turkey after 1906. Turkey has appealed that decision, and Victor and Steve discuss the trial and Turkey's arguments on appeal.

 

Notes for this episode: http://artlawpodcast.com/2022/03/03/turkeys-quest-for-the-stargazer-part-2/

 

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Skepticism and Optimism Around Art NFTs - Revisited10 Jan 202201:03:44

In a re-release of last June's episode, Katie and Steve speak (again) with digital art and NFT enthusiast Jason Bailey about the sudden rise of NFTs in the art world, what they really are, why they have value, and who is interested in them and why.

 

Notes for this episode: http://artlawpodcast.com/2022/01/10/skepticism-and-optimism-around-art-nfts-revisited/

 

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Turkey's Quest for the Stargazer02 Dec 202100:51:28

Katie and Steve speak with veteran cultural property and art lawyer, Tom Kline, about his representation of Christie's and Michael Steinhardt in litigation brought by Turkey to possess a millennia-old Anatolian marble statue (the Stargazer) owned by Steinhardt and sold by him through Christie's. After a trial in the Southern District of New York, Turkey lost for the primary reason that they could not provide facts supporting their claim to ownership of the Stargazer, specifically that it was stolen from modern day Turkey after 1906.

 

Notes for this episode: http://artlawpodcast.com/2021/12/02/turkeys-quest-for-the-stargazer/

 

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How Anti-Money Laundering Regulations are Hitting the Art Market in the United Kingdom and What Participants Can Do to Comply01 Nov 202101:06:37

Steve and Katie talk to Susan Mumford and Chris King, co-founders of ArtAML, about the recent roll out of AML regulations covering art market participants in the United Kingdom, who is implicated, how they can comply, and what this means for art businesses and the culture of secrecy in the art market generally. The requirement to determine and seek documentation of the ultimate beneficial owner on each end of the transaction is something financial institutions have long done, but not art dealers. ArtAML is an online platform designed to help art market participants comply with their legal obligations of due diligence and documentation. This conversation is of particular interest to those in the United States as the United Kingdom is the second largest art market outside the United States, and we expect AML regulations to roll out to the art market in the United States soon.

 

Notes for this episode: http://artlawpodcast.com/2021/11/01/how-anti-money-laundering-regulations-are-hitting-the-art-market-in-the-united-kingdom-and-what-participants-can-do-to-comply/

 

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Skepticism and Optimism Around Art NFTs02 Jun 202101:03:44

Katie and Steve speak (again) with digital art and NFT enthusiast Jason Bailey about the sudden rise of NFTs in the art world, what they really are, why they have value, and who is interested in them and why.

 

Notes for this episode: http://artlawpodcast.com/2021/06/02/skepticism-and-optimism-around-art-nfts/

 

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Fair Use and Andy Warhol: The Line Between Appropriation, Copying, and Inspiration Is Not Clear03 May 202101:18:04

Katie and Steve finally tackle the evolving area of fair use as a defense to copyright infringement with Luke Nikas, attorney for the Andy Warhol Foundation and Partner at Quinn Emanuel. Luke represents the Foundation in its ongoing litigation with photographer Lynn Goldsmith about Warhol's use of Goldsmith's photograph of the artist Prince as an artist study for a series of screen prints. Goldsmith claims Warhol infringed her copyright in the original photograph. The Warhol Foundation says Warhol's use of the photograph is fair use under the Copyright Act. The trial court agreed with the Warhol Foundation and the Second Circuit recently agreed with Goldsmith. Katie, Steve, and Luke discuss this complicated area of law and how artists navigate (or don't) around it.

 

Notes for this episode: http://artlawpodcast.com/2021/05/03/fair-use-and-andy-warhol-the-line-between-appropriation-copying-and-inspiration-is-not-clear/

 

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Moral Rights Around the World: Two Case Studies29 Mar 202101:19:26

Steve and Katie speak with legal scholar Mira Sundara Rajan regarding the international landscape for artist moral rights protections, including the adoption of moral rights laws in the developing world, common law versus civil law jurisdictions, and the connection between moral rights and cultural heritage concerns. Steve, Katie, and Mira dive into two case studies: the Indian case Amar Nath Sehgal v. Union of India (2005) involving government removal of and damage to famous murals from a government building and the more recent controversy surrounding the removal of the Picasso stone murals on the Y-Block government buildings in Oslo, Norway.

 

Notes for this episode: http://artlawpodcast.com/2021/03/29/moral-rights-around-the-world-two-case-studies/

 

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New and Impending Art World Money Laundering Regulations05 Mar 202101:06:02

Steve and Katie speak with British art lawyer and General Counsel of Phillips auction house Martin Wilson about European anti-money laundering regulations applicable to art market participants and their recent implementation in the UK. Generally, these regulations require art dealers, galleries, and auction houses to register with the government and undertake due diligence on every art transaction over a certain threshold amount, including with respect to the identity of all ultimate beneficial owners of the transacting parties. Steve, Katie, and Martin discuss the practicalities of compliance, the general secrecy of the art market and the reasoning behind such regulations, and Martin's recently published book, Art Law and the Business of Art. Steve and Katie also discuss the anti-money laundering regulatory environment in the United States as it applies to the art market and what may be just around the corner.

 

Notes for this episode: http://artlawpodcast.com/2021/03/05/new-and-impending-art-world-money-laundering-regulations/

 

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Goodbye 2020 and some art law updates08 Jan 202100:47:03

Steve and Katie end 2020 with a few updates on past podcast episode topics, including 5Pointz and moral rights litigation, the Painted Bride mosaic mural battle, deaccessioning in Baltimore, and pandemic related litigation. We look forward to many more interesting topics in 2021!

 

Notes for this episode: http://artlawpodcast.com/2021/01/08/goodbye-2020-and-some-art-law-updates/

 

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Current Events of Deaccessioning and Cries of Censorship29 Oct 202000:47:03

Steve and Katie discuss the recent deaccessioning controversies at the Brooklyn Museum, Baltimore Museum of Art, and Everson Museum of Art in light of the ethical guidelines, new AAMD guidance, and the economic and social climate. They also discuss the recent postponement of the Philip Guston retrospective at the National Gallery, Tate Modern, Museum of Fine Arts Houston, and Museum of Fine Arts Boston due to its depiction of white nationalism and the criticisms of that decision. Please note there have been developments on all these topics since our recording, so please see the resources links for up to date information.

 

Notes for this episode: http://artlawpodcast.com/2020/10/29/current-events-of-deaccessioning-and-cries-of-censorship/

 

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Revisiting the Salvator Mundi by (probably/possibly?) Leonardo da Vinci with Robert Simon14 Sep 202000:57:33

Steve and Katie speak with old master art dealer and scholar Robert Simon about his discovery of the painting Salvator Mundi attributed to Leonardo da Vinci and sold by Christie's in 2017 for almost half a billion dollars. They discuss Simon's purchase of the painting from an obscure New Orleans auction house, the painting's painstaking restoration and scholarly review, and what we know and don't know about its history over the last 500 years.

 

Notes for this episode: http://artlawpodcast.com/2020/09/14/revisiting-the-salvator-mundi-by-probably-possibly-leonardo-da-vinci-with-robert-simon/

 

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