by Amineddoleh & Associates LLC | May 19, 2016 |
On Sunday, I had the honor of speaking at the Philadelphia Museum of Art on a panel of art experts. We discussed collecting strategies with museum members. The takeaway: do your due diligence. Whether you are purchasing antiquities or fine art, it is essential to research art prior to purchase. In all cases, due diligence helps to ensure that art purchases will retain their value and provides collectors with confidence i
n their acquisitions.
In the case that a collector buys a stolen work, it may later be seized, leaving the purchaser with limited remedies, if any. It is important for collectors to research legal title and any defects on an object.
Forged objects generally don’t have much value. Whereas an authentic Monet may be worth tens of millions of dollars, a forged work in the style of Monet may only be worth a couple thousand dollars, if that. Due to the discrepancy in prices, collectors (at a particular price point) are advised to conduct due diligence to ensure the authenticity of a potential purchase.
In terms of antiquities, works without a clear provenance (history of ownership) and provenience (find spot) information may be illegal to privately own, deeming the object vulnerable to seizure by national and foreign governments. (In addition, purchasing looted works may be creating greater demand for plundered antiquities, leading to further illicit excavations). Purchase must ensure that they aren’t buying objects from the black market by working with legal experts.
Even when buying works by living artists, due diligence is necessary. It is important for collectors to work with reputable dealers and representatives to ensure that they have all necessary paperwork concerning an object’s authenticity and attribution.
In addition to the ownership practicalities, it is important to become more educated about the art market. Collectors should work with experts and investing time to build valuable relationships in order to navigate the market to build a collection that has the potential to last for generations.
by Amineddoleh & Associates LLC | May 9, 2016 |
Buying stolen art or looted antiquities is never a good investment. In addition to legal issues related to stolen works that might later be seized or subject to litigation, these works with are often difficult or impossible to sell on the legitimate market. And if these works are sold on the black market, these objects may sell for much less than if the works were sold on the legitimate market. Read a bit about stolen art in my recent article, “The Ins and Outs of Stolen Art, Explained,” on Artsy.
by Amineddoleh & Associates LLC | Apr 29, 2016 |
Art collectors use undisclosed art holdings and valuation uncertainties to evade legal responsibilities. Just as Audrey Hepburn’s character discovered that her husband hid his wealth in three valuable stamps in the 1963 film “Charade,” art collectors have been using their collections to hide value for years. But with breaking news about the “Panama Papers,” suspicion about art’s role in the obstruction of justice and concealment of funds has been confirmed again. Wealthy individuals are using artwork as an investment tool and they are shielding these holdings through shell companies and misleading tools. In light of these facts, the art world is once again coming under scrutiny, particularly as it is one of the least regulated markets in the world. It is particularly shocking as the value of the art market is astronomically high. According to Art Market Report, sales of art exceeded $63.8 billion in 2015.
Read more about the Panama Papers and art collectors in my recent contribution to Fred Abrams’ excellent blog.
by Amineddoleh & Associates LLC | Apr 29, 2016 |
A resolution was reached in the matter involving the plagiarism of my work. After the exchange of emails with the copier, the infringing article was properly attributed. Ms. Savara wrote to Tehelka and had the authorship corrected. My final correspondence can be found below:
Dear Tejshree,
I’m pleased that we have come to an equitable agreement as to the proper attribution of the Tehelka article.
In regards to your invitation for me to attend a conference in India, I appreciate the gesture. Thank you. Unfortunately it looks like I will be unable to participate, as the remainder of the year is quite busy. I will be in Europe working for part of the summer. I have active client matters that require my attention, and I am preparing for conferences in the US scheduled for the fall. I must be in New York for autumn because I teach two courses during the fall semester, art crime at New York University and art law at Fordham Law School. In addition to these work commitments, I am also an active member in numerous arts organizations in NY, serving as a Steering Committee Member of the Young Patrons of Lincoln Center and “ambassador” of the Hispanic Society of America. In light of these commitments, it seems unlikely that I will be able to attend the plagiarism conference.
However, the sponsorship of a conference addressing plagiarism is clearly of import. It has been noted by academics that plagiarism is a major problem in India, home to a population of educated professionals who are taking an important role in shaping global academic and professional discourse. A conference on plagiarism and international norms is a valuable opportunity to educate professionals. As a nation with a rich artistic heritage and valuable intellectual contributions, it is essential for Indian professionals to understand global standards so that they can engage in academic discourse in a more substantive manner. It is unfortunate that recently there have been numerous plagiarism controversies involving Indian professionals, but it highlights the need for educating them on universal academic standards and conventions. For this reason, your conference can be a way of turning a negative incident into a positive experience by educating others. I support and applaud this effort. Please do keep me apprised of plans for this conference.
Although I am unable to attend the conference in New Delhi, I would be pleased to meet your father upon his next visit to the US.
Regards,
Leila
by Amineddoleh & Associates LLC | Apr 22, 2016 |
As an art and intellectual property lawyer and professor of art law who has written and spoken extensively on this topic of authentication and forgeries, I was shocked to learn that another attorney plagiarized my work on the subject. To stay up-to-date on developments, I read as much about art law topics as possible. As I began reading an article about completing due diligence to avoid the purchase of a forgery, I realized that I was reading my own words! Another attorney had plagiarized an article of mine that was published last year. The irony: an IP attorney has infringed upon my IP by copying an article that I wrote about copying. The writer, Tejshree Savara, Director of the Savara Arts Foundation (a foundation founded by her parents) and an attorney at Anand and Anand, went as far as lifting entire paragraphs of my scholarly publication, and then refitting them into her piece. The piece reads as if it is her editorial, and she neither cites or acknowledges my work. To compare the pieces, find my original work here and the plagiarizing piece here.
Infuriated by the misrepresentation, I sent a letter to the plagiarizer. Please read the text of the letter below. I will provide updates on the status of this matter.
Leila Amineddoleh
Re: The Rise of Fakes and False Attributions in the Art World
Dear Ms. Savara:
We recently read your article in Tehelka, an investigative news magazine, and we noted its depth of knowledge and perspective. However, it immediately struck us that the work is not your own. As you note in your publication, Pablo Picasso once said, “[w]e know that art is not the truth.” Unfortunately, without proper attribution, neither is your article.
As a copyright attorney, you must know that copyright infringement is a serious offence. Over half of your article comprises an unauthorized word-for-word plagiarism of Leila Amineddoleh’s recent work “Purchasing Art in a Market Full of Forgeries: Risks and Legal Remedies for Buyers.” Borrowing your own language, which is scant in the article, “[f]ake works of art can take many different forms . . . [s]ome of the most common are the unauthorized reproductions that violate the copyright of the artist.” Through your plagiaristic article, you present irrefutable evidence that it is common indeed, even for professionals writing on the very topic of illicit copying.
Ms. Amineddoleh wrote the above-referenced article and published it in an international legal journal in 2015. Imitation is the sincerest form of flattery, and Ms. Amineddoleh would have been flattered if your piece properly attributed her. However, you failed to do so in clear violation of multiple U.S. and international laws, including explicit laws under the Copyright Act of 1976 and the Berne Convention. Damages under U.S. law for copyright infringement can include both actual and statutory damages, attorneys’ fees, and elevated damages due to your “willful” infringement of Ms. Amineddoleh’s work. See 17 U.S. Code § 504. As Ms. Amineddoleh’s work is publicly accessible, and because there is no reasonable explanation for the appearance of Ms. Amineddoleh’s exact language in your article, we are certain that willfulness can be proven quite easily. We will pursue this infringement matter to the fullest extent of the law, not only to protect Ms. Amineddoleh’s intellectual property rights, but to demonstrate that forgeries and copying should not be tolerated in any field or on any level.
While the law may be clear, your willful intentions in unlawfully reproducing Ms. Amineddoleh’s work and taking undue credit are not apparent. The irony of a copyright attorney’s blatant copyright violation in her nearly verbatim regurgitation of a piece written by another copyright attorney about the topic of copying and misattribution would be comedy gold in any other situation. We’re not sure if you see the irony here, but we are certain that many others will.
Still, this is no laughing matter. You understand the importance of proper attribution and, at the very least, it is clear that you are familiar with Ms. Amineddoleh’s work. Ms. Amineddoleh deserves the same attribution for her work in the arts as artists do for theirs. We are informing Tehelka and your law firm of your plagiarized article and we expect that you will rectify this situation. If you have any questions, our firm specializes in intellectual property, and we’d be happy to educate you on issues concerning copyright infringement, misrepresentation, plagiarism, and attribution.
Please respond to this letter within 10 days. Feel free to contact our law firm if you have any questions or, alternatively, if you are represented by counsel, have your attorney contact us.
