5 Major Upcoming Art Law Cases
Isaac Kaplan’s article, 5 Lawsuits That Could Reshape the Art World in 2018, discusses upcoming matters with far reaching legal implications for artistic works: Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Graham v. Prince et al., the Berkshire Museum lawsuits, the Guelph Treasure Case, and Von Saher v. Norton Simon Museum.
1) Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission
After a religious Colorado baker refused to procure a wedding cake for a gay couple, he was successfully sued under a Colorado anti-discrimination law. Now, the “cake artist” has taken the matter to the Supreme Court, claiming that the law violates his First Amendment rights by compelling him to create artistic works.
At stake: What exactly constitutes artistic expression, and at what point do concerns about freedom of expression override those about discrimination?
2) Graham v. Prince et al.
Notorious appropriation artist Richard Prince and art dealer Larry Gagosian were sued for copyright infringement after Donald Graham’s photograph appeared in Prince’s Instagram series at Gagosian gallery in 2014. Prince filed a motion to dismiss the case, citing fair use, but the court denied the motion this past summer.
At stake: If Prince is successful at trial, courts may interpret the fair use doctrine more broadly; the case could usher in a new era of appropriation art.
3) The Berkshire Museum Lawsuits
The Berkshire Museum faces multiple lawsuits after announcing its plans to auction 40 works from its permanent collection. Though this would raise an estimated $60 million for the museum, it would take many masterpieces out of the public view and has been met resistance from various groups, including the descendants of Norman Rockwell.
At stake: To what extent are museums allowed to sell its works, and what does this mean for the museum community and for industry guidelines in the future?
4) The Guelph Treasure Case
U.S. heirs of German-Jewish dealers who sold an 82-piece collection of medieval art before WWII are seeking to recover the treasure, alleging that works were forcibly sold. Though the Foreign Sovereign Immunities Act (FSIA) has previously allowed Germany to avoid restitution lawsuits in U.S. court, the district court held that FSIA does not apply in cases such as these, where artwork is forcibly taken “in violation of international law.”
At stake: Are foreign countries subject to the jurisdiction of U.S. courts with respect to Nazi-looted art and other artistic properties taken “in violation of international law?”
5) Von Saher v. Norton Simon Museum
Marei von Saher sued the Norton Simon Museum in 2007 for the return of two works by Lucas Cranach the Elder. The paintings originally belonged to her father, an art dealer forced to sell the works before he fled Germany. The museum argues that it holds legal title to the work. The trial court ruled that the museum could keep the paintings.
At stake: Von Saher’s appeal, if successful, could inspire a wave of restitution litigation. If she loses, however, heirs may be less likely to come forward with their restitution claims.
* * *
Art law is rapidly developing, with major implications for artists–including, potentially, cake bakers–as well as collectors, dealers, and museums. To learn how Castaybert PLLC can assist with art law matters, please click here.
