Art Law Services

28/06/2023

Highlights 👏

Discover must-read articles by the ALS Team:

𝐂𝐨𝐥𝐨𝐧𝐢𝐚𝐥 𝐫𝐞𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧: 𝐰𝐡𝐞𝐫𝐞 𝐝𝐨𝐞𝐬 𝐭𝐡𝐞 𝐍𝐞𝐭𝐡𝐞𝐫𝐥𝐚𝐧𝐝𝐬 𝐬𝐭𝐚𝐧𝐝? 𝐛𝐲 𝐀𝐋𝐒 𝐥𝐞𝐠𝐚𝐥 𝐢𝐧𝐭𝐞𝐫𝐧, 𝐂𝐥𝐚𝐫𝐚 𝐀𝐧𝐧𝐚𝐧𝐢 & 𝐀𝐋𝐒 𝐦𝐚𝐧𝐚𝐠𝐢𝐧𝐠 𝐝𝐢𝐫𝐞𝐜𝐭𝐨𝐫, 𝐋𝐚𝐮𝐫𝐞𝐧𝐬 𝐊𝐚𝐬𝐭𝐞𝐥𝐞𝐢𝐣𝐧
In recent years, the debate over the decolonization of European museums has gained significant momentum, and the release of a report in 2020 recommending the Dutch government return looted art to its former colonies has added further impetus to the cause.

Read more: https://www.artlawservices.com/post/colonial-restitution-where-does-the-netherlands-stand

𝐂𝐫𝐞𝐚𝐭𝐢𝐯𝐞 𝐚𝐜𝐡𝐢𝐞𝐯𝐞𝐦𝐞𝐧𝐭𝐬 𝐛𝐞𝐭𝐭𝐞𝐫 𝐩𝐫𝐨𝐭𝐞𝐜𝐭𝐞𝐝 𝐛𝐲 𝐥𝐚𝐰
From now on, in the Netherlands, the creative achievements of creators and performing artists will be better protected by law. Learn in this article how the amended law is bringing benefits to creators and performing artists.

Read more: https://www.artlawservices.com/post/creative-achievements-better-protected-by-law

𝐀 𝐒𝐩𝐫𝐢𝐧𝐠 𝐉𝐨𝐮𝐫𝐧𝐞𝐲 𝐅𝐫𝐨𝐦 𝐃𝐮𝐛𝐚𝐢 𝐭𝐨 𝐇𝐨𝐧𝐠 𝐊𝐨𝐧𝐠 𝐛𝐲 𝐋𝐚𝐮𝐫𝐞𝐧𝐬 𝐊𝐚𝐬𝐭𝐞𝐥𝐞𝐢𝐣𝐧
ALS founder & managing director, Laurens Kasteleijn, amidst a whirlwind of Spring activities, reflects on his endeavors, from attending the TEFAF art fair to traveling to Hong Kong for art week to engaging in lectures.

Read more: https://www.artlawservices.com/post/a-spring-journey-from-dubai-to-hong-kong
⁠

May 2023 by Art Law Services From now onwards, in the Netherlands, creative achievements of creators and performing artists will be better protected by law. Minister Weerwind for Legal Protection and State Secretary Uslu for Culture and Media have tightened up the Copyright Contract Law Act of 2015....

21/06/2023

💡New ALS article💡

The newest article, written by ALS legal intern Clara Annani and ALS managing director Laurens Kasteleijn, discusses the importance of provenance and due diligence in the art market, highlighting key legal considerations for buyers and collectors.

In the case of Glafira Rosales and Knoedler & Co. gallery, forgeries by Chinese artist Pei-Shen Qian deceived experts and collectors for over a decade. This serves as a reminder of the risks involved in the art market.

Due to the global nature of the art market, tracing the provenance of artworks becomes a complex task. In the absence of a centralised authority, buyers and sellers must exercise caution and conduct independent due diligence. Provenance research and authentication are essential in navigating this landscape.

Read more about the three primary categories of due diligence, why provenance is important throughout the entire art acquisition process, and the legal remedies available in cases of fraudulent provenance.

📝 For the full article, check our link below.
https://www.artlawservices.com/post/provenance-and-due-diligence-in-the-art-market-key-legal-considerations-for-buyers-and-collectors

⚖️ Please consult our experts if you have further questions about provenance or wish to undergo the due diligence process through [email protected].

June 2023 by Clara Annani & Laurens Kasteleijn for Art Law Services In the realm of art, where authenticity and provenance hold paramount importance, even the most esteemed experts and renowned galleries are not immune to deception. The infamous case of Glafira Rosales and the renowned Knoedler & Co...

14/06/2023

𝐖𝐞𝐚𝐥𝐭𝐡𝐲 𝐀𝐦𝐞𝐫𝐢𝐜𝐚𝐧 𝐚𝐫𝐭 𝐜𝐨𝐥𝐥𝐞𝐜𝐭𝐨𝐫𝐬 𝐜𝐚𝐩𝐢𝐭𝐚𝐥𝐢𝐬𝐞 𝐨𝐧 𝐭𝐚𝐱-𝐞𝐟𝐟𝐢𝐜𝐢𝐞𝐧𝐭 𝐠𝐢𝐟𝐭 𝐬𝐜𝐡𝐞𝐦𝐞

Timing has become a significant issue in the realm of philanthropic giving in the U.S, thanks to little-known but increasingly influential anonymous charitable vehicles known as Donor Advised Funds, or DAFs. These funds allow individuals to claim tax relief while they are still alive by making gifts and other assets, without the obligation to immediately pay out money to charities.

However, these funds have attracted criticism. Inequality.org, an organisation that tracks inequality-related issues, has highlighted that DAFs have become the fastest-growing recipients of donations in the nonprofit sector in the U.S. Additionally, due to their anonymous structures, there is no way of knowing how much of the money generated from philanthropic sales of art find their way into DAFs.

When questioned about her charity art auction, philanthropist and fashion executive Maria Manetti Shrem, who conducted a Sotheby’s auction featuring art from the collection she formed with her second husband, stressed that their charitable giving has not been motivated by tax deductions. The Shrem’s willingness to give in the here and now is - Read the full article via the link below.
https://lnkd.in/dHdUqZyd

📝⚖️ Do you have questions about our legal services and business consultancy? Reach out to our experts for more info at [email protected]

Donor Advised Funds allow individuals to claim tax relief while they are still alive through making gifts of art and other assets—without obligation to pay out money to charity straight away

07/06/2023

𝐇𝐨𝐰 𝐚 𝐥𝐚𝐰𝐬𝐮𝐢𝐭 𝐨𝐯𝐞𝐫 𝐚 𝐣𝐨𝐢𝐧𝐭𝐥𝐲 𝐨𝐰𝐧𝐞𝐝 𝐀𝐧𝐧𝐚 𝐖𝐞𝐲𝐚𝐧𝐭 𝐩𝐚𝐢𝐧𝐭𝐢𝐧𝐠 𝐢𝐬 𝐦𝐚𝐤𝐢𝐧𝐠 𝐨𝐩𝐚𝐪𝐮𝐞 𝐚𝐫𝐭 𝐦𝐚𝐫𝐤𝐞𝐭 𝐬𝐭𝐫𝐮𝐜𝐭𝐮𝐫𝐞𝐬 𝐦𝐨𝐫𝐞 𝐭𝐫𝐚𝐧𝐬𝐩𝐚𝐫𝐞𝐧𝐭

The lawsuit over an Anna Weyant painting owned by several parties and companies was brought by an unnamed collector against the collector Andre Sakhai and his art trading companies, alleging that the proceeds from the painting's sale went solely to Sakhai.

Although Sakhai's lawyer states that this lawsuit "can be chalked up to an unfortunate communication", the situation still raises important questions, such as: should the market reconsider the complexity of such transactions?

The claim accuses the defendant of failing to provide a full accounting and concealing wrongful acts. The lawsuit also raises issues including the flow of information about Sakhai's dubious associations and the flow of cash, which states that "Sakhai abused and - Read the full article through our link below.
https://www.theartnewspaper.com/2023/05/24/lawsuit-shared-anna-weyant-painting-ownership-structures

Image: Anna Weyant, Cynthia (2019), Courtesy of Phillips

31/05/2023

𝐌𝐞𝐞𝐭 𝐀𝐫𝐭 𝐋𝐚𝐰 𝐒𝐞𝐫𝐯𝐢𝐜𝐞𝐬 𝐒𝐩𝐫𝐢𝐧𝐠 𝐧𝐞𝐰𝐬𝐥𝐞𝐭𝐭𝐞𝐫 𝟐𝟎𝟐𝟑!

Read in the newsletter:
👉 a message from the ALS founder & managing director, Laurens Kasteleijn, where he reflects on his Spring endeavors
👉 a variety of articles written by the ALS team
👉 join us in welcoming ALS legal interns

Head to our link below to explore our newsletter – If you wish to subscribe to our newsletter, click the subscribe button on the top left of our newsletter.
https://shorturl.at/FKMO8

📝⚖️ Do you have questions about our legal services and business consultancy? Reach out to our experts for more info at [email protected]

24/05/2023

Join us in celebrating a decade of Art Law Services 🥂🎉

We're delighted to announce that ALS is marking its 10th anniversary. This incredible journey wouldn't have been possible without your unwavering support and appreciation. From our team to each and every one of you, thank you for standing with us throughout the years! 🙌

17/05/2023

𝐂𝐡𝐫𝐢𝐬𝐭𝐢𝐞’𝐬 𝐰𝐢𝐥𝐥 𝐚𝐮𝐜𝐭𝐢𝐨𝐧 𝐉𝐚𝐧 𝐚𝐧𝐝 𝐉𝐚𝐚𝐩𝐠𝐞𝐧 𝐚𝐬 𝐫𝐞𝐝𝐢𝐬𝐜𝐨𝐯𝐞𝐫𝐞𝐝 𝐑𝐞𝐦𝐛𝐫𝐚𝐧𝐝𝐭𝐬

Two portraits attributed to Rembrandt of a couple from the beginning of the 17th century have been rediscovered. These portraits depict Leiden plumber Jan Willemsz and his wife, Jaapgen Carels, who had ties to the artist. Christie’s will offer these small, oval portraits for sale in London on July 6.

The portraits were last seen in public nearly 200 years ago and have since been owned by an unknown British family, with no access to scientists. Christie’s has deemed this a “landmark re-discovery”, stating that the pendant portraits are “one of the most exciting discoveries” the auction house has made in recent years.

Upon request from Christie’s, the Rijksmuseum examined the portraits and confirmed that it conducted art historical and material research, endorsing the conclusions presented by the auction house. This discovery comes as a great surprise to renowned Rembrandt authority, art historian Ernst van de Wetering, and Jeroen Giltaij, author of the book ‘The Great Rembrandt Book.’

✍ Read the full article through link below.
https://www.nrc.nl/nieuws/2023/05/14/christies-veilt-jan-en-jaapgen-als-herontdekte-rembrandts-a4164686

⚖️ 𝑫𝒐 𝒚𝒐𝒖 𝒘𝒂𝒏𝒕 𝒕𝒐 𝒌𝒏𝒐𝒘 𝒎𝒐𝒓𝒆 𝒂𝒃𝒐𝒖𝒕 𝒐𝒖𝒓 𝒍𝒆𝒈𝒂𝒍 𝒂𝒏𝒅 𝒃𝒖𝒔𝒊𝒏𝒆𝒔𝒔 𝒔𝒆𝒓𝒗𝒊𝒄𝒆𝒔? 𝑫𝒐𝒏'𝒕 𝒉𝒆𝒔𝒊𝒕𝒂𝒕𝒆 𝒕𝒐 𝒓𝒆𝒂𝒄𝒉 𝒐𝒖𝒕 𝒕𝒐 𝒐𝒖𝒓 𝒆𝒙𝒑𝒆𝒓𝒕𝒔 𝒂𝒕 𝒊𝒏𝒇𝒐@𝒂𝒓𝒕𝒍𝒂𝒘𝒔𝒆𝒓𝒗𝒊𝒄𝒆𝒔.𝒄𝒐𝒎 ⁠

Please note that this article is originally written in Dutch.

Christie's Rijksmuseum

Portretten: Het veilinghuis presenteert (ook door het Rijksmuseum) aan Rembrandt toegeschreven pendantportretten, die twee eeuwen ongezien bleven.

10/05/2023

𝐊𝐀𝐖𝐒 𝐇𝐚𝐬 𝐖𝐨𝐧 𝐚 𝐊𝐞𝐲 𝐕𝐢𝐜𝐭𝐨𝐫𝐲 𝐢𝐧 𝐇𝐢𝐬 𝐋𝐚𝐰𝐬𝐮𝐢𝐭 𝐀𝐠𝐚𝐢𝐧𝐬𝐭 𝐚 𝐒𝐢𝐧𝐠𝐚𝐩𝐨𝐫𝐞 𝐂𝐨𝐮𝐧𝐭𝐞𝐫𝐟𝐞𝐢𝐭𝐞𝐫 𝐂𝐡𝐮𝐫𝐧𝐢𝐧𝐠 𝐎𝐮𝐭 𝐊𝐧𝐨𝐜𝐤𝐨𝐟𝐟𝐬 𝐨𝐟 𝐇𝐢𝐬 𝐓𝐨𝐲𝐬 𝐚𝐧𝐝 𝐀𝐫𝐭

A major legal victory came for artist Brian Donnelly, aka KAWS, against a man who he accused of counterfeiting his signature figure, "Companion", and other toys, skateboards and artworks.

The accused were Dylan Joy An Leing Yi Zhi and two associated companies in Singapore named The Penthouse Theory and The Penthouse Collective. The U.S. District Court awarded the artist $900,000 in damages.

KAWS' attorney called it "a very important international case", and Singapore, which operates under a common law system, recognises and enforces U.S. court decisions. "We're now able to enforce this judgement around the world."

📝 Read the full article through the link below
https://news.artnet.com/art-world/kaws-victory-counterfeit-art-lawsuit-2295292

⚖️ 𝑫𝒐 𝒚𝒐𝒖 𝒘𝒂𝒏𝒕 𝒕𝒐 𝒌𝒏𝒐𝒘 𝒎𝒐𝒓𝒆 𝒂𝒃𝒐𝒖𝒕 𝒐𝒖𝒓 𝒍𝒆𝒈𝒂𝒍 𝒂𝒏𝒅 𝒃𝒖𝒔𝒊𝒏𝒆𝒔𝒔 𝒔𝒆𝒓𝒗𝒊𝒄𝒆𝒔? 𝑫𝒐𝒏'𝒕 𝒉𝒆𝒔𝒊𝒕𝒂𝒕𝒆 𝒕𝒐 𝒓𝒆𝒂𝒄𝒉 𝒐𝒖𝒕 𝒕𝒐 𝒐𝒖𝒓 𝒆𝒙𝒑𝒆𝒓𝒕𝒔 𝒂𝒕 𝒊𝒏𝒇𝒐@𝒂𝒓𝒕𝒍𝒂𝒘𝒔𝒆𝒓𝒗𝒊𝒄𝒆𝒔.𝒄𝒐𝒎 ⁠

Images:
1. KAWS, The KAWS Album [detail]. Photo by Ben Davis.
2. The artist Brian Donnelly, better known as KAWS, unveils his new sculpture SHARE at Rockefeller Center in New York. The 18-foot-tall bronze figure features two of the artist's iconic motifs, "COMPANION" and "BFF." Photo by Diane Bondareff, courtesy of AP Images for Tishman Speyer.

KAWS

03/05/2023

𝐍𝐢𝐠𝐞𝐫𝐢𝐚 𝐇𝐚𝐬 𝐓𝐫𝐚𝐧𝐬𝐟𝐞𝐫𝐫𝐞𝐝 𝐎𝐰𝐧𝐞𝐫𝐬𝐡𝐢𝐩 𝐨𝐟 𝐭𝐡𝐞 𝐁𝐞𝐧𝐢𝐧 𝐁𝐫𝐨𝐧𝐳𝐞𝐬 𝐭𝐨 𝐈𝐭𝐬 𝐑𝐨𝐲𝐚𝐥 𝐋𝐞𝐚𝐝𝐞𝐫, 𝐂𝐫𝐞𝐚𝐭𝐢𝐧𝐠 𝐚 ‘𝐁𝐞𝐭𝐭𝐞𝐫 𝐄𝐧𝐯𝐢𝐫𝐨𝐧𝐦𝐞𝐧𝐭’ 𝐟𝐨𝐫 𝐅𝐮𝐭𝐮𝐫𝐞 𝐑𝐞𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧

In a recent article by Artnet News, the Nigerian government officially recognized the Benin bronzes as belonging to Oba Ewuare II, the traditional king, rather than to the state or anyone else.

This development is expected to facilitate the restitution of these artifacts by European institutions, as it "removes a common argument against repatriation to modern-day Nigeria", Art Law Services managing director, Laurens Kasteleijn told Artnet News.

With the Oba now responsible for their management, Laurens Kasteleijn believes that "it creates a better environment for restitution" and better protects the artifacts from becoming subject to corruption in the country.

✍ Read the full article and Art Law Services feature through our link below.
https://lnkd.in/gRKNSX-D

⚖️ Please reach out to our experts if you have questions about restitution or want to submit a case to the Restitutions Committee at [email protected].

The Nigerian government has recognized the Benin bronzes as belonging to the traditional king, Oba Ewuare II, rather than to the state.

26/04/2023

📥 𝐂𝐨𝐥𝐨𝐧𝐢𝐚𝐥 𝐫𝐞𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧: 𝐰𝐡𝐞𝐫𝐞 𝐝𝐨𝐞𝐬 𝐭𝐡𝐞 𝐍𝐞𝐭𝐡𝐞𝐫𝐥𝐚𝐧𝐝𝐬 𝐬𝐭𝐚𝐧𝐝?

The latest article by ALS legal intern Clara Annani and ALS managing director Laurens Kasteleijn delves into colonial restitution, specifically from the standpoint of the Netherlands.

In recent years, the debate over the decolonization of European museums has gained significant momentum, and the release of a report in 2020 recommending the Dutch government return looted art to its former colonies has added further impetus to the cause. The report emphasizes the importance of investigating the provenance of colonial collections.

Following the release of the report, former Minister of Education, Culture, and Science Ingrid van Engelshoven announced that the government now had efficient starting points for the formulation of draft legislation. With that, the Dutch government adopted the recommendations and published the 'Policy Vision on Collections from a Colonial Context.'

📝 For the full article, check our link below
https://www.artlawservices.com/post/colonial-restitution-where-does-the-netherlands-stand

⚖️ Please reach out to our experts if you have questions about restitution or want to submit a case to the Restitutions Committee at [email protected].

Image:
National-Museum in Jakarta, Indonesia

April 2023 by Clara Annani & Laurens Kasteleijn for Art Law Services “There is no place in the Dutch State Collection for cultural heritage objects that were acquired through theft.” – Ingrid Van Engelshoven The debate over the decolonisation of European museums has gained importance across Eu...

19/04/2023

𝐆𝐞𝐫𝐦𝐚𝐧𝐲’𝐬 𝐂𝐮𝐥𝐭𝐮𝐫𝐞 𝐌𝐢𝐧𝐢𝐬𝐭𝐞𝐫 𝐈𝐬 𝐂𝐚𝐥𝐥𝐢𝐧𝐠 𝐨𝐧 𝐚 𝐌𝐮𝐧𝐢𝐜𝐡 𝐌𝐮𝐬𝐞𝐮𝐦 𝐭𝐨 𝐑𝐞𝐬𝐨𝐥𝐯𝐞 𝐚 𝐘𝐞𝐚𝐫𝐬-𝐋𝐨𝐧𝐠 𝐑𝐞𝐬𝐭𝐢𝐭𝐮𝐭𝐢𝐨𝐧 𝐃𝐢𝐬𝐩𝐮𝐭𝐞 𝐎𝐯𝐞𝐫 𝐚 𝐏𝐫𝐢𝐳𝐞𝐝 𝐏𝐢𝐜𝐚𝐬𝐬𝐨 𝐏𝐚𝐢𝐧𝐭𝐢𝐧𝐠

A long-running N**i-era restitution dispute over one of Pablo Picasso’s paintings, ‘Madame Soler’ (1903), is back in the headlines. The German culture minister is calling on the museum Pinakothek der Moderne, Munich, to agree to a hearing to resolve who owns this painting, which has been out of view since January.

The heirs of German Jewish banker and art collector Paul von Mendelssohn-Bartholdy claim that he was forced by N**i persecution to sell the work to Jewish dealer Justin K. Thannhauser. The Bavarian State Painting Collections, which oversees the Pinakothek, then purchased the work from Thannhauser. Since, the museum insists that there was no evidence that the sale was forced, it has declined to allow German’s lost art commission to hear the case.

With the heirs finding more success in their attempt to recover four other PIcasso artworks, the most recent victory came in 2020 with the return of PIcasso’s ‘Head of a Woman’(1903). “The heirs have reached fair and just solutions with the possessors of all five of these works except Madame Soler,” stated the heirs’ lawyer, John J. Byrne Jr.

📝 Read more about this case and updates through our link below
https://news.artnet.com/art-world/germanys-culture-minister-is-calling-on-a-munich-museum-to-resolve-a-years-long-restitution-dispute-over-a-prized-picasso-painting-2278637

Images:
1. Pablo Picasso, Le Moulin de la Galette (ca. 1900). Collection of the Solomon R. Guggenheim Museum, New York, Thannhauser Collection, Gift, Justin K. Thannhauser, 1978.
2. Pablo Picasso, Portrait d’Angel Fernández de Soto (The Absinthe Drinker), 1903. The painting sold at Christie’s London in 2010 for £34.7 million ($51.8 million) following a settlement between the Andrew Lloyd Webber and the heirs of Paul von Mendelssohn-Bartholdy, a German Jewish collector forced to sell it under N**i rule.