Category Archives: Fine Arts
Does an Artist’s Foundation Have a Duty to Authenticate?
In 1936, the American Sculptor and artist Alexander Calder created a set for Erik Satie’s musical composition Socrate. The set was later destroyed, but in 1976 Joel Thome, a musician, composer and conductor of contemporary music,sought to recreate the set. Calder agreed to the reconstruction by writing on the set plans: “I have looked at [...]
The Sale of a Painting Gone Wrong Pt. 2
Earlier, I wrote about the Van Damme v. Gelber case decided on July 27, 2009. One of the interesting aspects of the case is that the issue of timing arose. The seller insisted that the money for the painting had to be received by a particular date. Because of a bank mistake, the money arrived [...]
Posted in Fine Arts Tagged breach of contract, contract, gallery, painting, sale of a painting, sales of a painting, time, time of the essence Leave a comment
New York Supreme Court Denies Fraud Claim Over Sale of Gauguin’s Paysage aux Trois
Mandarin Trading purchased Gauguin’s Paysage aux Trois for $11.3 million based on the appraisal of a world renowned Gauguin expert. Mandarin later came to find the painting was worth only $9 million, and the appraisal on which it relied was written by the company that in part was selling the painting. Mandarin sued, but a [...]
The Sale of a Painting Gone Wrong, Pt. 1
A recently decided New York case contains several interesting lessons for art dealers. First, you may be liable for the acts of another: if you authorize someone to sell a painting for you, or if you even “reasonably give the agent an appearance of authority,” you will not only be liable for the agent’s contracts, [...]
Posted in Fine Arts Tagged agency, agent, art dealer, breach of contract, painting, principal 1 Comment
Does the Destruction of a Work End Its Copyright Protection?
Edward Winkelman wrote a post today that raises an interesting question of copyright law. The post concerns two artists, (Jake and Dinos Chapman) who have announced their intention to recreate a work of art that was destroyed by fire. The work of art, entitled, “Everyone I Have Ever Slept With 1963-1995,” was made by Tracey Emin. It is, as [...]
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Who is considered an Art Merchant under New York Arts and Cultural Affairs Law?
When buying or selling art in New York, one should be aware of whether he or she is dealing with an “art merchant.” This was one of the central issues in a dispute between Tom Wesselmann and International Images, Inc.
Posted in Fine Arts Tagged art merchant, arts and cultural affair law, gallery, painting Leave a comment
Recovering Artwork Stolen by Nazis: Two Recent Cases