In a May 18, 2023, decision, the U.S. Supreme Court revisited the scope of artists’ “transformative” fair use under U.S. copyright law. In Andy Warhol Foundation for the Visual Arts
Continue Reading SCOTUS Warhol Decision Articulates Narrow Limitation to Transformative Fair Use
Kevin Ray authored an article for the Spring 2017 issue of Best Lawyers – Business Edition, which discusses artists who have disavowed their work. Click here to read the
Continue Reading When Artists Disavow Their Work
The Debate over the Parthenon Sculptures
Among disputes over removed cultural objects, perhaps few are better known than that concerning what were formerly known as the Elgin Marbles, which even
Continue Reading The Restitution, Repatriation, and Return of Cultural Objects: The Parthenon Debate (Part II)
This article is the fourth in a five-part series discussing the restitution, repatriation, and return of cultural objects. Each part addresses a different category of return. The first article in
Continue Reading The Restitution, Repatriation, and Return of Cultural Objects: The Parthenon Debate (Part I)
The Forger’s Art
In a case involving the sale of a fake or forged work of art, typically the first order of business is for the plaintiff to establish that
Continue Reading Object Lessons: De Sole v. Knoedler & Company (Part II)
In 2011, the 165-year-old Knoedler & Company (“Knoedler”), one of Manhattan’s most venerable galleries, abruptly closed its doors amid accusations that the gallery had been selling fakes for more than
Continue Reading Object Lessons: De Sole v. Knoedler & Company (Part I)
Kevin Ray authored an article for the December 2015 issue of The Secured Lender which discusses art consignment fraud. Click here to read the full article.
Continue Reading Art Consignment and the Risk of Fraud
In 1926, Lilly Cassirer Neubauer inherited a painting by Camille Pissaro, Rue St. Honore, apres midi, effet de pluie (1897). As German Jews, Lilly and her husband were subjected
Continue Reading Cassirer v. Thyssen-Bornemisza Collection Foundation: Application of Spanish Law of Adverse Possession Vests Title to Pissaro Painting in Spanish Museum, Not Original Owner’s Heirs
After being subjected for years to ruinous litigation in suits brought by owners of artworks displeased with authentication opinions unfavorable to the owner’s preferred outcome, art authenticators – including artists
Continue Reading New York Senate Passes Bill to Protect Art Authenticators
This article is the third in a five-part series discussing the restitution, repatriation, and return of cultural objects. Each part addresses a different category of return. The first article in
Continue Reading The Restitution, Repatriation, and Return of Cultural Objects: House Passes Bill to Coordinate U.S. Cultural Property Protection