Category Archives: Art Sales

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California Cannot Require Resale Royalty on Out-of-State Art Sales, But the Most Important Issues Remain to Be Addressed on Remand

On May 5th, the U.S. Court of Appeals for the Ninth Circuit, en banc, issued a long-awaited decision in a suit brought by a group of artists against several major auction houses, [Estate of Graham v. Sotheby’s Inc.; Sam Francis Foundation v. Christie’s, Inc., 860 F.Supp.2d 1117 (C.D. Cal. 2012)] upholding, but narrowing, the District … Continue Reading

Artist Resale Royalty and Artist-Museum Partnership Bills Re-Introduced

In recent weeks, two potentially important bills that would establish significant rights in favor of artists were re-introduced in the United States Congress.  One, the Artist-Museum Partnership Act, would allow artists (as well as writers, composers, and others) to receive charitable tax deductions for donations of self-created work to museums, libraries, and other qualified charitable … Continue Reading

U.S. Ivory Regulation: A Q&A with Craig Hoover, U.S. Fish & Wildlife Service

In response to concerns that poaching of African elephants is rapidly driving the species to extinction, the U.S. Fish & Wildlife Service (USFWS) issued Director’s Order No. 210, which tightened previous practice involving the import, export, and sale of African elephant ivory. The changes met with considerable resistance from a wide range of persons, including … Continue Reading

Botticelli’s ‘Madonna and Child’: The Risks of Art Consignment

More than seven years is a long time to wait for a loaned painting to be returned. But after such a long wait, Sandro Botticelli’s Madonna and Child (1485) is being returned to its owner, Kraken Investments Limited (Kraken).   Kraken had consigned the painting to a gallery for sale, but the gallery’s bankruptcy intervened. … Continue Reading

U.S. Criteria for The Antique Exception to the Ivory Ban

Before the new rule went into effect, objects at least 100 years old that are either made of African elephant ivory or included ivory components were exempt from the general Endangered Species Act (ESA) and Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) ivory prohibition.[1] This changed dramatically under the … Continue Reading

In love with Diego or Frida? A brief look at Mexican art regulations

Written by Hugo López Coll, Luis Torres and Guillermo Miranda* It is impossible not to be deeply moved by Diego Rivera’s Vendedora de Alcatraces, Frida Kahlo’s incredible self-portraits, or José Clemente Orozco’s El hombre en llamas, all of which have become cornerstones of Mexican identity and cultural heritage. However, what people may not realize is … Continue Reading

Art Consignment

We typically believe that if we entrust our property to someone else to sell it, the property remains ours until it is sold. However, this may not always be true. If the party into whose hands property has been entrusted files for bankruptcy, the entrusted property may be deemed to be property of the debtor’s … Continue Reading

Export Restrictions: Italian Mid-Twentieth Century Art

At the recent Frieze art fair in London, Italian mid-twentieth century work moved briskly. Sotheby’s Italian and Contemporary sales broke records, including the highest price ever paid for the work of Piero Manzoni, whose “Achrome” sold for £12.6 million. Several galleries focusing on Italian art of the 1950s and 1960s recently opened in London and … Continue Reading
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