Copyright law, fine art and navigating the courts. Author Copyright Litigation Handbook (Thomson Reuters Westlaw 2019-2020)
Sunday, June 05, 2011
Art Litigation: Second Circuit Finds No "Innocent Owner" Defense To National Stolen Property Act Seizure
In U.S. v. Davis and The Painting Known as "Le Marche" by Camille Pissarro, 2011 WL 2162897 (June 3, 2011), the Second Circuit rejected the "innocent owner" defense to a civil forfeiture action brought by Customs to enforce the National Stolen Property Act. The monotype was stolen from the Musee Faure in Aix-Les-Bains in France on November 1981. Once the government established probable cause that the painting was stolen, the burden of proof shifted to the possessor of the artwork to show that it was not stolen. The work was consigned for sale to Sotheby's, where it was seen by the French police, who notified customs.
Decision below.
US v Davis, The Painting Known as Le March by Camille Pissarro
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Labels:
art law,
art litigation,
camille pissarro,
civil forfeiture actions,
national stolen property act,
sothebys,
stolen art
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