Gerhard Richter has raised an interesting conundrum for collectors and lawyers alike. The well-respected artist has a reputation for a rigorous control of his oeuvre, and has one of the most thorough and comprehensive catalogue raisonné of any artist, living or dead. (Much of this information, which includes a photograph of each work, alongside details of its provenance, exhibition and literature history is available to view online, although the website issues a disclaimer that it is not to be treated as a catalogue raisonné, and therefore ‘may not be relied upon as constituting a representation or warranty that such work is or is not an authentic work of Gerhard Richter’). Continue reading
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Buying art at auction – an art lawyer’s guide
With the summer auctions nearly upon us, we have put together an art lawyer’s guide to buying art at auction
Our first and fundamental tip is research! In an auction, a binding contract is made when the gavel falls, so you need to have done all of your research before then. What this entails will depend on the value of the item. Continue reading
Restituted Klimt painting to be offered at Sotheby’s
Gustav Klimt’s portrait Bildnis Gertrud Loew (1902) will be offered for sale at Sotheby’s London on 24th June in the Impressionist & Modern Art Evening Sale. The painting, which has an estimate of £12-18 million, has been consigned for sale following a settlement between the Felsöványi family and The Gustav Klimt | Wien 1900-Privatstiftung (Klimt Foundation). Continue reading
Battle of the brands: ASOS defence upheld by Court of Appeal majority and ASSOS refused permission to appeal
ASSOS is a specialist cycling clothes business founded in Switzerland which ‘offers advanced, technical apparel’ at the top end of the market. ASSOS sells its goods in 37 countries worldwide, almost exclusively through specialist cycling stores. This is to ensure a high quality purchasing experience consistent with the brand. For this reason, ASSOS does not have an online store.
ASOS is a global online fashion and beauty retail business aimed primarily at fashion-conscious young people. It has always been conducted solely online with no physical shops. Originally called ‘As Seen on Screen’ and offering clothing, accessories and other items worn in TV or in films, the acronym ‘ASOS’ was adopted in early 2002 when ASOS moved towards general fashion clothing. Continue reading
Practical tips to sellers when consigning items to an auction house
Lessons learned from the case of Thwaytes v Sotheby’s
In 2006 Mr Thwaytes consigned a painting, the Cardsharps, to Sotheby’s for further investigation. Sotheby’s advised it was a good 17th Century copy of the original by Caravaggio and the painting was sold at auction for a hammer price of £42,000 to a leading Caravaggio scholar, Sir Denis Mahon, who later announced that he and others believed it to be by Caravaggio, and therefore worth far more. Continue reading
Gurlitt collection may be going on display at Documenta 14
2017 may provide an opportunity to see the Gurlitt hoard in its entirety. The artistic director of Documenta 14, one of the world’s most hotly anticipated contemporary art events, has told a German newspaper that he hopes to exhibit all of the works of art in the collection of the late Cornelius Gurlitt in the next edition of the fair. Continue reading
UK rejects Greece’s appeal to negotiate the return of the ever-controversial Elgin marbles
At the end of last month the British Museum and the UK Government formally declined UNESCO’s request to enter into mediation on the subject of transferring the Parthenon marbles back to Greece. Removed by Lord Elgin from the Parthenon temple in Athens in the 1800s, the marbles were sold to the British Museum in 1816 and have remained there ever since. The sculptures date from 447-432 BC, and are divided between London and a purpose built museum in Athens. Continue reading
Updates: Gurlitt Collection: Will challenge rejected, Hildebrand’s documents to be published online, fourth painting identified as looted to be returned
Since our last two articles (here and here) there have been several developments in the ongoing saga of the Gurlitt collection. Continue reading
Should there be a time limit on restitution claims? (Part II)
Further to our previous article on whether there should be an expiration date on restitution claims, a Los Angeles federal judge has denied California’s Norton Simon Museum’s motion to dismiss a lawsuit brought by a woman seeking the return of two paintings in their collection on the grounds that the claimant is too late. Continue reading
What to do if you discover you have bought a forgery
In December it was reported that the Michigan Court of Appeal has allowed a claimant to continue her lawsuit against a gallery relating to fake Salvador Dali prints, by ruling that the gallery’s alleged fraud had delayed the start of the limitation period (which would otherwise have now passed, barring her claim). Continue reading