by Amineddoleh & Associates LLC | Jan 24, 2024 |
What’s in a name? According to Banksy, quite a lot.
Banksy, the elusive and mysterious street artist, has retitled and redated a famous painting – for the second time.
Girl with Balloon (2006) by Banksy. Image via ArtNet.
The artist first renamed the work (originally called Girl with Balloon, 2006) in 2018, after it went through the shredder during a live auction – to the shock of those present in the crowd (unbelievers are welcome to watch the Youtube footage of the event, in case they missed it. Of particular hilarity is the auctioneer calling for everyone’s “attention” at the close of the footage, in an incredibly kind, polite and posh British accent).
It was a shocking moment, and one that caused a significant stir in the art world. However, Banksy was not done and continued to surprise the industry. Post-transformation, the artist (who remains anonymous) announced through the studio Pest Control that the work was now called (appropriately) Love is in the Bin, and given a new date (2018). The reason? According to Banksy, the intentional modification of the original work produced an entirely new piece.
What of the half-destroyed piece? Sotheby’s was in a bit of a pickle, as the work had been sold prior to going through the shredder. The auction house issued a brand-new certificate of authenticity with the new title. Next, in a moment of breathtaking diplomacy, Sotheby’s managed to sell the half-destroyed work to the original purchaser. Sotheby’s convinced the buyer to go through with the one million dollar sale (plus fees), and heaved a huge collective sigh of relief. The art world accepted the change and the new work as a product of Banksy’s unpredictable creativity and whimsy.
The half-destroyed work. Previously entitled Love is in the Bin (2018). Image via DW.
The Second Change
Years later, in October 2021, Love is in the Bin returned to auction at Sotheby’s. After selling for upwards of $25 million, the work underwent its second re-titling. The piece is now called Girl without Balloon and dated 2021.
Type-A personalities among us may wonder: is this allowed? Do artists have the power to revisit, rename, and re-date works after they enter the market? Surprisingly, the answer is yes. Artists have legal rights – called moral rights – which protect (among other things) artists’ rights of attribution and integrity. Moral rights are principally given through the Visual Artists Rights Act (VARA) (17 U.S.C. Sec. 101, 106A, 113, 301) and cover the non-economic aspects of artist rights.
Artists’ Moral Rights
The right of attribution (one of the four moral rights of artists included in the statute) gives artists the right to have their names attached to works they have created. Additionally, this right prevents the names of others who did not create the work from being attached to the piece. In Banksy’s case, this right came into play during the intentional partial shredding of the work at auction. Banksy directed the shredding, and then stated that the shredding produced an entirely new artwork – which he also created, vis-à-vis the art handlers at Sotheby’s.
A second important right included in the moral rights of artists is the right of integrity. The right of integrity gives the artists exclusive right to prevent the destruction or modification of work by others. Note that the prohibition is against changes to the work by others – the artist maintains the right to revisit and modify a work at any time (even if, at some earlier point, the artist had treated the work as finished). A modification arguably includes the title and date of a work.
Girl without Balloon by Banksy (2021). Image via NPR.
Where Do Banksy’s Title Changes Fit In?
Our founder, Leila, was interviewed on this very subject in 2015, regarding a piece by Frida Kahlo. When asked about the significance of a work’s title, in relation to an artist’s moral right of integrity, Leila stated:
“A title is a significant piece of a work. [Think] about Duchamp’s ‘Fountain.’ He took a urinal and named it a fountain, and then said it was a piece of art. It was just because he gave it a title and put it in a different context that changed the work in itself, and titles do have the ability to transform a work.” (Emphasis added).
Leila, along with other respected legal scholars, explains that the value of moral rights – such as the right of attribution and the right of integrity – is non-economic. Instead, moral rights encompass the rights of artists that stem from their artistic personas – their personality, style, creativity, whimsy, and studio brand. By protecting artist’s carefully constructed “personas”, the moral rights of artists act as a legal shield for the non-economic components of an artist’s body of work.
The result? Banksy is well within his moral rights as an artist to rename the piece. Banksy’s modifications and transformations of his piece – both physical and titular – reflect the ingenuity and creativity of this astonishing, mysterious artist.
Will the piece undergo another name change, and be given a new date? It’s anyone’s guess. For now, the piece is called Girl without Balloon (2021). But, that could change. As Shakespeare wrote, “We know what we are, but know not what we may be.”
by Amineddoleh & Associates LLC | Jan 23, 2024 |
Our firm is thrilled that this is Master Drawing New York’s (MDNY’s) first year with our client, Christopher Bishop Fine Art, at the helm. This highly-anticipated, week-long event is the premiere art exhibition of works on paper in the United States. Over two dozen galleries on the Upper East Side will feature rare and exquisite works on paper, in addition to some paintings, sculptures, and photographic works. The selected works range in date, with some pieces dating back to the 15th century.
Brochure cover for MDNY 2024. Image via Master Drawings New York.
Those who wish to walk the entire show (despite forecasts for rainy weather) will find that they easily meet their step-goals for the day – MDNY stretches 40 city blocks. In addition to the various exhibitions spanning the fair, several events and lectures will take place in different locations throughout the week. Those interested in attending should be sure to pick up an exhibitor map and calendar at one of several spots in the city, lest they miss out on an exclusive, once-in-a-lifetime event.
Highlights
One of the highlights of the fair comes from our very own client. Christopher Bishop Fine Art will exhibit The Pharoah’s Judgment, an exceptionally rare Spanish drawing discovered at auction in early 2023. The 16th century drawing contains tiny pin pricks throughout the pattern of the drawing. These pin pricks indicate that the pattern was replicated on ecclesiastical garments. MDNY has chosen to exhibit this work in a double-sided frame, in order to best showcase how the maker of the drawing collaborated with the embroiderers on the finished garments.This gives viewers a fascinating inside-look into artist collaborations in the 16th century.
Spirit of Partnership
Speaking of collaborations, this year marks the start of a new, great one. MDNY is partnering with The Drawing Foundation, a New York-based not-for-profit organization whose mission is to advance knowledge and scholarship about drawings. The Drawing Foundation establishes this goal through collaborations with various partners around the world. Our firm applauds MDNY, and, by extension, Christopher Bishop Fine Art, for engaging in this fresh collaboration with The Drawing Foundation. The partnership is sure to foster the newest generation of scholars, students, curators, and appreciators of artistic works on paper.
Collaboration – among artists, galleries, collectors, and audiences – hits at the heart of MDNY itself. The events this week are not to be missed, not only because they are a chance to experience gorgeous art, but because they present an opportunity for the international art community to come together in scholarship and art appreciation.
No one says it better than Christopher Bishop. “All of us who work with drawings — museums, dealers, collectors, and historians alike — are invested in seeing that the joy of the study of drawings is passed on to new generations. This can only be done by knitting the community together ever more strongly and introducing new audiences to the fair.”
by Amineddoleh & Associates LLC | Dec 10, 2023 |
In our annual holiday newsletter, Amineddoleh & Associates is pleased to share some of the major developments that took place at our firm and in the art market during 2023. We had a banner year, as we were grateful to work with many returning clients, as well as new ones, including museums, collectors, galleries, artists, and entrepreneurs. We are pleased to share some holiday JOY from us to you.
Grand Central Station. Image courtesy of NannFilms, used with permission.
CLIENTS AND REPRESENTATIVE MATTERS
Hiroshi Sugimoto’s Point of Infinity
Our firm proudly announced the public art unveiling of our esteemed client Hiroshi Sugimoto’s Point of Infinity. The gravity-defying sculpture maintains an optical illusion that the two points of the work will (eventually, even if only in the viewer’s minds’ eye) meet. It is a testament to the genius of Sugimoto as an artistic force. Read more here.
Client Acquires Master Drawings in New York
We proudly represented our client Christopher Bishop and his eponymous Christopher Bishop Fine Art in the acquisition of the art fair Master Drawings in New York. The fair, held annually in January in New York City, focuses on works on paper and features several important galleries, as well as programs with leading institutions. Interested in attending the 2024 event? Mark your calendars for opening day on January 27th. Read more here.
Client Opens New Gallery Space
Our firm was pleased to work with Atamian-Hovsepian Curatorial Practice as it transitioned from freelance curating to unveiling its own inaugural gallery and exhibition space in New York City, focusing on underrepresented artists.
Antiquities Restitutions
Amineddoleh & Associates was involved in a number of cultural heritage restitutions this year, including the return of a valuable marble statue to its country of origin and the return of a collection of historic artifacts to their home overseas.
Snow-covered cabin. Artwork courtesy of Justin Leitner, used with permission.
ART & IP NEWS
One thing we love about the art market is that there is always something unexpected and exciting happening in the art world. Read on for a glimpse at some of our most popular blog posts this past year.
Commercialism v. Transformativeness
In this blog post, our firm examined shifts in copyright law following the decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, et al. This highly-anticipated Supreme Court decision involved application of the fair use test (a test used to determine whether the use of a copyrighted work may be used without permission) to a case with peculiar facts: a photographer (Goldsmith) provided a limited license through Vanity Fair that allowed another artist (Warhol) to use her photograph to create a silkscreen work. Warhol violated the terms of the license, and trouble ensued. Legal scholars hoped that the decision would provide clarification on the test. Unfortunately, the high court’s opinion did not provide much guidance. Curious as to why? Read more here.
Wise Women in Art & Entrepreneurship
Ever wonder where all the great women artists were in your art history lectures? At Amineddoleh & Assoc., we did, too. In honor of International Women’s Day, our firm took a closer look at some of the most talented and undercelebrated women artists in history. We also highlighted our friends at Building 180 – a standout, full-service global art production and consulting agency filling the gap between artists and businesses to create public and private art installations. Read more on our website.
Armenian Cultural Heritage at Risk
Our firm took an exclusive look at the Armenian cultural heritage at risk due to aggression from the Azerbaijani regime. The exodus of Armenians and Azerbaijan’s occupation of Artsakh left Armenian art and architecture unprotected. Artsakh is known as the “Crown Jewel” of Armenian cultural heritage, as it contains some of the most exemplary representations of medieval Armenian architecture, as well as important sites such as the first school to teach the Armenian alphabet in the early fifth century. Also in this post, our firm highlighted the new legal pathway the Republic of Armenia paved when seeking assistance from international courts to help protect their treasures. Read more here.
Christmas ornaments on 6th Ave. Image courtesy of NannFilms, used with permission.
LAW FIRM UPDATES AND EVENTS
Firm Founder Listed Again by Chambers
For the second consecutive year, firm founder Leila A. Amineddoleh was recognized by Chambers and Partners High Net Worth Guide for her work in Art and Cultural Property Law. The publication named Leila as an attorney who has “a lot of expertise in the cultural property space,” with “a great courtroom manner.” The publication also remarked on her active presence in the art law space and her work in the litigation area. Read more here. Leila was also named one of the “Top 10 Most Influential Art and Cultural Property Law Lawyers in 2023” by Business Today. For that award, Leila was selected for her “unique touch of fervor to her work, combined with a comprehensive understanding of art law.” Read more about that award here.
Art Law Conferences
Congratulations to our firm’s founder Leila A. Amineddoleh, who successfully chaired the 15th Annual NYCLA Art Law Institute, one of the most anticipated events of the year. Leila also moderated a fascinating panel during the event entitled “Broken Promises: Promised Gifts and Legal Enforceability.” A major theme in the panel was for lawyers to be extremely aware of the time between the time the gift was made, and the time the gift is executed (word to the wise: things can change!).
Yelena Ambartsumian gave a presentation at the conference with Claudia Quinones, one of our former associates (and current friend). The two gave thoughtful insight and wisdom on issues surrounding title and authenticity.
Santa Con NYC in Central Park. Image courtesy of Nycmstar, used with permission.
IN THE PRESS
Leila appeared in the Washington Post and in an article for ABC News this year, in addition to other notable publications. In each, she was consulted as an expert voice on a variety of art and cultural heritage law topics, including discussions on the ethical implications of resolving cultural antiquities ownership disputes.
Additionally, Leila was invited to contribute to the Third Edition of The Art Law Review. Her article, “Cultural Heritage Disputes and Restitution” examines Nazi-looted art disputes, antiquities litigations, government seizures, and ethical concerns related to the acquisition and display of Colonial-era takings. Read more here. Another of Leila’s scholarly publications, “Kings, Treasures, and Looting: The Evolution of Sovereign Immunity and the Foreign Sovereign Immunities Act,” was published in the Columbia Journal of Law & the Arts. Read more here.
Christmas tree at Rockefeller Center. Image courtesy of NannFilms, used with permission.
Leila also was featured in New York Metro Super Lawyers Magazine as a leader in her field. For the article, Leila’s was highlighted as an exemplary, top-rated intellectual property, art, and cultural heritage lawyer well-known in the industry for getting the job done right. Read more here. Leila was also the feature story in Boston College Magazine’s Winter 2023 issue. The story followed Leila’s art law career along with the story of the looted marble bust that was restituted to Germany in 2022. Read more here.
Maria T. Cannon contributed several letters to the Wall Street Journal this past year on AI and the ethical implications of attorneys and artists. She was also published in the ABA’s Art & Cultural Heritage Law Newsletter, Spring 2023 Edition. You can read it here. She also presented two lectures this past year. The first was in Asheville, NC, about the challenges attorneys face when dealing with celebrity-inspired art. Read more here. The second was at Cardinal Gibbons High School on Nazi-looted art. Finally, she completed Artificial Intelligence Governance Professional training through internationally-recognized leader in privacy, information, and cybersecurity law, IAPP.
White birch forest. Artwork courtesy of Justin Leitner, used with permission.
On behalf of Amineddoleh & Associates, we wish you a happy and healthy holiday season and a wonderful and prosperous new year.
P.S. Click here for one last special holiday message from our firm!
by Amineddoleh & Associates LLC | Oct 31, 2023 |
Good news, thrill-seekers! Here at Amineddoleh & Assoc., not only do we provide exquisite legal services for our clients, we also know where to find a good, real-life scare. Our secret? Follow the haunted art!
Read on for our recap of our firm’s top haunted art-themed blog posts. Then, book a ticket to see the haunted art in-person. No tricks here, each destination is a true, Halloween treat.
Witch Way to the Party?
In this recent blog post, our firm traveled to Asheville, NC to get a glimpse at America’s Largest Home – and one of the most haunted. Click the link for all the details on this spooky mansion, including its most famous ghost-in-residence. Not only that, this historic home has a strange room known as the Halloween Room for visitors to experience, plus its own secret connection to protecting American art from Nazi air-raids in WWII. As if that weren’t enough to encourage a click, this post also has dazzling photos of Asheville’s gorgeous fall foliage.
Biltmore House in Autumn. Image via R.L. Terry at Wikimedia Commons.
The Ghoulishly Gory Frescos in Rome’s Santo Stefano Rotondo
Ever see art so gory it incites a physical response? Click here for more info on this real-life syndrome, known as Stendhal Syndrome, in which grotesque art and cultural heritage causes viewers to have palpitations of the heart. For those wanting to experience the syndrome in real-life, look no further than Santo Stefano Rotondo in Rome. While most tourists on a Roman holiday select beautiful frescos at the Vatican, those who venture to Santo Stefano will see a different sort of religious art. Go for the scenes of torture, stay for the bloody depictions of senseless violence. Plan to go before lunch, or else risk spilling the contents of your own stomach at the foot of these cultural works.
Gory frescoes covering the walls of the church. Image courtesy of Leila Amineddoleh, used with permission.
Cursed Art, from Statues to Paintings
Anglophiles, unite! The National Gallery in London is home to one of the most famous paintings in the world. However, this work is not famous for its artistic qualities (though they are divine). Rather, The Rokeby Venus is better-known for its ability to cause viewers to lose their minds. Click here to read all about this painting’s astonishing – and potentially cursed – provenance. The strange stories behind The Rokeby Venus illustrate how all aspects of a work’s life – including whether or not it is cursed – create its provenance. No matter what your opinion is of The Rokeby Venus’ alleged curse, the documented history of strange occurrences attributed to its ownership has become an important part of the work’s provenance.
The slashed Rokeby Venus. Image via artinsociety.com.
Haunted Happenings: The Law of Ghosts and Home Sales
If the average Airbnb isn’t scary enough this season, consider visiting a house that’s actually haunted. More and more people are reporting ghosts in domestic settings – and not always friendly ones. Trouble ensues when the place the ghost calls home is up for sale. Lawyers may be faced with the question: is a ghostly presence a condition that must be disclosed prior to sale? Would a reasonable family purchase a house that comes with a frightening ghost? Read more here to discover the actual laws that govern when a family’s new home comes with an unexpected side of ghost.
Famous ghost photograph of the Brown Lady of Raynham Hall, originally taken for Country Life (first published in December 1936).
Horrifying Provenance of Monster Manuscripts
This post provides two monstrous holiday destinations in one spooky swoop: ties to Mary Wollstonecraft Shelley’s Frankenstein can be found in both New York City and Oxford, England. Online versions of Shelley’s copious notes and edits for the story can be found on The Shelley-Godwin Archive’s website through the New York Public Library. To pay a visit to the originals, travel to Oxford, where the original transcript are held as part of the Abinger Collection in the Bodleian Library. If that weren’t reason enough to visit Oxford this time of year, stop by Christ Church College for the Harry Potter-esque tour of the storied grounds. Glimpse the inspiration for the wizarding world’s tall towers and cavernous halls on the college campus. Who knows – wizards also might be walking the grounds, masked in their muggle clothes.
Illustration from the frontispiece of the 1831 revised edition of Frankenstein, published by Colburn and Bentley, London 1831.
The Cat’s Meow: Feline Art Lovers
Word on the street is that the husband of our firm’s founder is dressing as a cat for the second consecutive year this Halloween. While we can neither confirm nor deny the Halloween costumes of our firm’s families (or whether or not, in fact, the members of those families were given the freedom to select their own costumes, or if they were selected for them by their young daughters), click here for a post inspired by our culture’s love for cats in art. Thinking of dressing as a cat this year? As our founder’s husband may say, ‘tis the season!
On behalf of Amineddoleh & Associates, we wish you a safe and Happy Halloween this year!
by Amineddoleh & Associates LLC | Oct 26, 2023 |
Congratulations to our firm’s founder, Leila Amineddoleh, who successfully chaired the 15th Annual NYCLA Art Law Institute: New Insights in Art Law. This annual conference is one of the most highly-anticipated and innovative events of the year.
Peak fall foliage in NYC’s Central Park, just in time for the Conference. Image via Central Park Conservatory.
This year’s was no exception. The two-day event highlighted leading experts and voices in the our industry. Read below to get a glimpse of how panelists dove into the hottest topics facing artists and lawyers today – they dove into a wide array of topics, including evolving issues in the art market, art and cultural heritage law, and intellectual property.
New Developments, Dispute Resolution, & Art World Conflicts of Interest
Day 1 opened with a smash-hit panel. The panel, featuring Paul Cossu, Adrienne R. Fields, and Claudia Quinones, tackled new developments in art law and intellectual property. One highlight from this panel was the intersection of AI-created art and copyright law. A takeaway was that the U.S. Copyright Office tends to make decisions related to AI-created art based on whether AI was used merely as a tool, or whether AI was the true author.
Next, Gabrielle C. Wilson moderated a fascinating panel on resolving art disputes. The panel pondered the critical considerations and alternatives when resolving art disputes. This panel presented attendees with multiple, practical paths to use when dealing with these controversies. In some situations, art attorneys may find greater success by encouraging negotiation between parties, rather than pursuing litigation. As a whole, this second panel was a good reminder for art lawyers to continue to lean on their specific expertise in the art world to help both side achieve a just and equitable solution.
Finally, Katherine Wilson-Milne moderated a panel on art world conflicts of interest. The panel explored ways to approach these conflicts, including some suggestions for innovative paths forward. This panel encouraged participants to broaden their perception as to where art world conflicts may come from in subsequent years. With so many aspects of the cultural, financial, and political climate in flux, the art industry is being directly and indirectly impacted. It is essential for attorneys to be aware of new developments in art world conflicts of interest, and ways to best address them as they arise.
Title and Authenticity, Broken Promises, & Artist Residences
Day 2 narrowed the Conference’s focus even more precisely. The day started off with our firm’s own Yelena Ambartsumian’s presentation with Claudia Quinones. The two gave thoughtful insight and wisdom on issues surrounding title and authenticity. One highlight from Claudia’s portion included the latest developments in Nazi-looted artwork. She drew attention to the most essential cases to watch in the coming months, and provided great detail as to the specific laws at issue in each case.
Yelena then dove into powerful issues regarding cultural heritage. She brought specific attention to Armenian cultural heritage, and the current risk for destruction of such treasures. Yelena also explained the legal paths the Republic of Armenia has taken to protect their cultural heritage, due to a lack of UNESCO involvement. She also gave phenomenal insight into the hot top of authenticity issues. One takeaway from that aspect of her presentation is that, if there are reasons to be skeptical about the authenticity of a work of art, it is a good idea for the attorney to explore those suspicions!
Next up, our founder Leila moderated a fascinating panel on the enforceability of promised gifts and what happens when circumstances change. The length of time between the time the gift was made, and the time the gift is executed, was a major theme in this panel. The panel also parsed through the diverse scenarios that arise when receiving monetary gifts versus physical collections of art. In terms of physical artwork, the cost of conservation was also highlighted as an important factor in whether or not a museum or institution is even able to properly receive a certain gift. This point is especially poignant in the industry’s current climate, as costs of conservation continue to rise alongside other financial needs of leading institutions.
Melissa Passman wrapped up the day by moderating the final panel of the Conference. This closing panel explored artist residence issues, and how to navigate founder and participant relationships. One takeaway was that the resources made available to artists in these relationships tend to drive the residency as a whole. As a result, it’s important for attorneys involved to be aware of the specialized spaces and studios that may be necessary. Otherwise, it would be impossible for the artists to work and fulfill the terms of their residencies. Another takeaway was that tax laws tend to dictate what non-profit organizations are able to accomplish in these relationships. Because this could complicate artist payment in residencies, it is necessary for lawyers working with these clients to be well-aware of tax obligations, and to make that a driving factor in negotiating agreements.
Another great year!
In all, attendees experienced two action-packed days of practical advice and innovative guidance. Our firm commends all of the presenters for their hard work and fascinating presentations. We look forward to this conference each year, and this year’s was truly a celebration of the best, boldest, and brightest minds in our ever-evolving field.
Let the record stand that peak fall foliage in Central Park has its perks, but the real highlight of October in NYC is the Annual Art Law Institute.
P.S. Missed the Conference? Get in touch with NYCLA here to purchase the recording when it is released.
