Copyright and Fine Art Webcast CLE: 10/28 By West Legal Ed

Copyright Issues Related to Fine Art

Content Partner: West LegalEdcenter (R)
Price: $135.00*
Description: Since the advent of the Internet, most of our friends, family, and clients have become global publishers, copying and repasting copyrighted works of others on a daily basis. At the same time, contemporary art has skyrocketed in economic and symbolic importance in modern society, with a greatly expanded collector base. Changing media, modes of production, and a general lack of transparency in the art world have created a special realm of problems for both casual participants and seasoned art world veterans alike. Ray Dowd, author of Copyright Litigation Handbook (West 2010), teams up with New York and L.A.-based fine art attorney Amy Goldrich to provide the tools necessary to advise clients navigating these issues.

Among the topics to be discussed:
• Overview of copyright and special problems posed by fine art
• Basic copyright concepts generally applicable to fine art
• Recent cases involving the Visual Artists' Rights Act (VARA)
• Legal relationships in the Art World
• Transfers of possession and title: consignments, private sales, auctions, and unfortunate events
• Copyright Infringement and Fair Use
• First Sale Doctrine
• Work for hire

More information and to attend click here.https://westlegaledcenter.com/search/displayDailyWebcastSearchResults.jsf

Practice Areas: Art Fraud, Copyright Law, Enforcement & Anti-Piracy, Entertainment & the Arts, Intellectual Property Law, International Intellectual Property, International Law & Global Trade, Licensing & Intellectual Property Rights

Online Media Type: Audio
Production Date: 10/28/2010 12:00 PM EDT
Level: Intermediate
Category: Standard
Duration: 1 Hours, 0 Minutes
Online Format:

 Purchase Copyright Litigation Handbook 2010 by Raymond J. Dowd from West here  

When Buying A Painting Can You Rely on an Expert Appraisal You Didn't Personally Commission?

In Mandarin Trading Ltd. v. Wildenstein, --- N.Y.S.2d ---, 2009 WL 2497306 (1st Dept. August 18, 2009) New York's Appellate Division first department struggled with the question of whether a purchaser of a painting may rely on an expert appraisal commissioned by an intermediary in an art transaction. The plaintiff Mandarin purchased Gauguin's Paysage aux trois arbres. According to the complaint, the defendant Wildenstein had ownership interests in the painting, yet issued an expert appraisal with an inflated value, knowing that Mandarin would rely on it.
The Supreme Court judge (in New York this is the trial level judge) tossed the case out on a pre-answer motion, finding that there was no privity between Wildenstein and Mandarin and that the appraisal contained non-actionable opinion.

Two dissenters (Justice Tom and Justice Nardelli) balked. Tom believed that the complaint stated a claim in equity for unjust enrichment. In a very well-reasoned dissent, Justice Nardelli found that the majority had made numerous factual findings unsupported by the record, which on a pre-answer motion is to be construed in favor of the plaintiff. Also Justice Nardelli found that fraudulent misrepresentation, negligent misrepresentation, third-party beneficiary (contract), and unjust enrichment were all well-pleaded claims.

When there are two dissenters at the Appellate Division, one may take an appeal to the New York Court of Appeals "as of right".

If art dealers can write bogus "appraisals" for works in which they have an ownership interest, it really taints the market and encourages fraud. Many art transactions are concluded through intermediaries for perfectly legitimate reasons. Justice Nardelli's dissent is compelling and appears to be a correct statement of the law.

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