PODCAST

The Art Law Podcast

Steven Schindler & Katie Wilson-Milne

The Art Law Podcast hosts discussions about topics at the intersection of art and law with art lawyers Steve Schindler and Katie Wilson-Milne and their distinguished guests.

Surprise! NYC Repeals Auction RegulationsAnti-Money Laundering Update: FinCEN's Surprising Conclusion and the Impact of Russian Sanctions on the US Art MarketTurkey’s Quest for the Stargazer: Part 2Skepticism and Optimism Around Art NFTs - RevisitedTurkey’s Quest for the StargazerHow Anti-Money Laundering Regulations are Hitting the Art Market in the United Kingdom and What Participants Can Do to ComplySkepticism and Optimism Around Art NFTsFair Use and Andy Warhol: The Line Between Appropriation, Copying, and Inspiration Is Not ClearMoral Rights Around the World: Two Case StudiesNew and Impending Art World Money Laundering RegulationsGoodbye 2020 and some art law updatesCurrent Events of Deaccessioning and Cries of Censorship
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. Resources: AAMD: https://aamd.org/for-the-media/press-release/aamd-board-of-trustees-approves-resolution-to-provide-additional https://www.theartnewspaper.com/news/aamd-sends-a-warning-note-to-museum-directors-on-deaccessioning Brooklyn Museum: https://www.nytimes.com/2020/09/16/arts/design/brooklyn-museum-sale-christies-coronavirus.html https://www.theartnewspaper.com/news/brooklyn-museum-steams-ahead-on-deaccessioning https://www.artforum.com/news/brooklyn-museum-continues-deaccessioning-spree-84242 https://www.artmarketmonitor.com/2020/10/16/brooklyn-museum-to-sell-monet-miro-degas-and-more-at-sothebys-in-second-deaccesioning-round/ Everson Museum of Art: https://www.latimes.com/entertainment-arts/story/2020-09-14/syracuse-museum-jackson-pollock-auction https://www.wsj.com/articles/an-art-museum-sells-its-soul-11600808127 https://www.christies.com/features/Expert-view-Jackson-Pollock-Red-Composition-10893-7.aspx https://www.syracuse.com/entertainment/2020/10/everson-museums-jackson-pollock-painting-sells-for-12-million-at-auction.html https://www.theartnewspaper.com/news/to-mirror-and-support-community-everson-museum-board-chair-defends-deaccessioning-of-a-pollock Baltimore Museum of Art: https://www.nytimes.com/2020/10/02/arts/design/baltimore-museum-deaccessioning.html?smid=tw-nytimesarts&smtyp=cur https://www.artnews.com/art-news/market/baltimore-museum-of-art-deaccessioning-works-sothebys-1234572422/ https://www.theartnewspaper.com/comment/bma-curators-letter-response-to-deaccessioning https://www.artnews.com/art-news/news/baltimore-museum-of-art-deaccession-open-letter-1234574032/ https://www.theartnewspaper.com/news/former-trustees-and-donors-ask-state-to-block-sale-of-three-important-works-by-the-baltimore-museum-of-art https://hyperallergic.com/595171/baltimore-museum-of-art-deaccessions-condemn/?utm_campaign=Daily&utm_content=20201019&utm_medium=email&utm_source=Hyperallergic%20Newsletter https://www.latimes.com/_preview?_cms.db.previewId=00000175-37f8-da10-a57d-b7f976590000&_date= Philip Guston: https://www.artnews.com/art-news/news/philip-guston-postponement-tate-national-gallery-directors-1234572527/ https://docs.google.com/document/d/1LVXTB30hp2oNz1Vm4P8jpXgg4sIieWNbdaqWqffHcN4/edit https://www.washingtonpost.com/entertainment/museums/national-gallery-postponement-guston-show-klan-images/2020/10/07/a35adb32-0831-11eb-a166-dc429b380d10_story.html https://www.newyorker.com/magazine/2020/10/19/philip-guston-and-the-boundaries-of-art-culture https://www.nytimes.com/2020/10/28/arts/design/philip-guston-retrospective-date.html https://www.theartnewspaper.com/news/tate-suspends-senior-curator-over-guston-controversy Additional: https://www.latimes.com/entertainment-arts/story/2020-10-07/palm-springs-art-museum-deaccession-frankenthaler https://www.artnews.com/feature/most-controversial-museum-deaccessioning-plans-1234575019/
Oct 29 2020
47 mins
Revisiting the Salvator Mundi by (probably/possibly?) Leonardo da Vinci with Robert Simon"The Last Leonardo" with Ben Lewis - RevisitedCopying in 3D: digitizing GLAM collectionsArts Nonprofits in the PandemicArt Museums in the Pandemic
Katie and Steve welcome back to the podcast museum director, art commentator, and art historian Max Anderson to discuss what art museums (now closed) are dealing with during the Covid-19 crisis in terms of mission, funding, audience engagement and an uncertain future.  They discuss structural issues and practices pre-existing the pandemic that put pressure on museums’ stated missions and appeal, as well as potential shifts in focus and priority that may come out of this current moment of reorganization and prioritization. This is the first of several episodes of the Art Law Podcast discussing the impact of the pandemic and its accompanying shut downs on the art world. Resources: http://www.maxwellanderson.com/about http://docplayer.net/15254796-Metrics-of-success-in-art-museums.html   https://aamd.org/our-members/from-the-field/museums-and-covid-19 https://aamd.org/for-the-media/press-release/aamd-board-of-trustees-approves-resolution-to-provide-additional https://www.washingtonpost.com/entertainment/museums/this-is-how-bad-things-are-for-museums-they-now-have-a-green-light-to-sell-off-their-art/2020/04/29/b5492a5e-899e-11ea-8ac1-bfb250876b7a_story.html   https://abcnews.go.com/Business/coronavirus-exposes-vulnerability-nyc-museums-museum-workers/story?id=69957903 https://www.bloomberg.com/news/articles/2020-05-06/the-moma-has-taken-a-chainsaw-to-its-staff-budget-and-exhibitions https://www.theartnewspaper.com/news/whitney-and-new-museum-lay-off-staff-members-as-economic-fallout-continues https://hyperallergic.com/558008/metropolitan-museum-lays-off-81-employees-now-estimates-150m-in-losses/
May 11 2020
58 mins
Moral Rights in Street Art: The 5Pointz Story - RevisitedArt of the Chase: Inside Art Auctions - Revisited
This month, we are updating and rereleasing one of our most popular episodes, Art of the Chase: Inside Art Auctions.  In this episode, we take a close look at art auctions – how they work, their place in the art market and the rules and regulations that confine/define them.  Auctions at Sotheby’s and Christie’s now regularly net tens and sometimes hundreds of millions of dollars for a single work.  Christie’s sold Leonardo da Vinci’s Salvator Mundi painting for $450 million in 2017, still, by far, the highest price ever garnered by a piece of art at auction.  At the same time, much about the auction process remains secret.  The identity of the buyer and seller is often known only to the auction house, and the reserve price (below which an artwork will not be sold) is known by the auctioneer but not the bidders.  While the auctioneer may not sell a work of art below its reserve price, it can bid on the work below the reserve to get the auction going.  Steve and Katie discuss these issues and others having to do with regulation, transparency and potential conflicts, and welcome famous Sotheby’s auctioneer Oliver Barker to take us behind the scenes of a big auction. Resources: http://www.sothebys.com/en/specialists/oliver-barker/bio.html https://www.nytimes.com/2013/01/28/arts/design/as-art-market-rise-so-do-questions-of-oversight.html https://www1.nyc.gov/assets/dca/downloads/pdf/about/auctioneer_law_rules.pdf https://www.princeton.edu/ceps/workingpapers/203ashenfelter.pdf https://insight.kellogg.northwestern.edu/article/place_your_bids http://blogs.cornell.edu/info2040/2015/10/15/auction-psychology-emotions-behind-bidding/ https://mindhacks.com/2012/09/19/bbc-column-auction-psychology/ https://www.thecut.com/2016/12/inside-the-mind-of-a-million-dollar-art-bidder.html
Dec 2 2019
1 hr 1 min
Arts Organizations Seek Change Via Deaccessioning: The di Rosa Center for Contemporary Art and Painted Bride Art Center
Steve and Katie discuss two recent art world controversies involving small, local nonprofits seeking to raise money through asset divestment.  The di Rosa Center for Contemporary Art in Napa Valley is attempting to deaccession most of its permanent collection of Bay Area art works in the face of vocal art world opposition. In Philadelphia, the proposed sale of the Painted Bride Art Center building by the organization’s board, including its one of a kind mosaic mural façade, has raised public protest and legal challenge.  Both entities claim they need funds to continue their mission, while critics say the act of selling off the assets at issue in each case directly undercuts such mission.   Resources:   di Rosa Center for Contemporary Art:   http://www.dirosaart.org/history/ https://datebook.sfchronicle.com/art-exhibits/napas-di-rosa-center-to-sell-most-of-its-fabled-art-collection https://nonprofitquarterly.org/napa-museum-plan-to-deaccession-art-works-raises-art-communitys-ire/ http://www.artnews.com/2019/08/20/dirosa-foundation-open-letter/ http://www.artnews.com/2019/08/28/di-rosa-foundation-deaccessioning-support/ https://www.artforum.com/news/di-rosa-contemporary-art-center-director-responds-to-concerns-over-plan-to-sell-holdings-80550     Painted Bride Litigation:   https://paintedbride.org/about-us/ https://philly.curbed.com/2017/11/28/16709332/painted-bride-building-theater-for-sale https://observer.com/2019/09/philadelphia-painted-bride-art-center-condos/ https://philly.curbed.com/2018/9/14/17861972/painted-bride-building-art-center-old-city-philadelphia https://whyy.org/articles/judge-old-citys-painted-bride-cant-be-sold-for-condos/
Nov 5 2019
42 mins