I bit flippant, I know. But see the post below. Here we have yet another guerrilla-style “artist” attempting to use intellectual property to safeguard his assets. How Che Guevara!

Don’t necessarily agree with this Bloomberg article on the pipedream belief that artists can, or should, change social ills through legal action. As the cliche goes, careful what you wish for. More law only means more regulation and, moreover, an increased reliance on a structure that may be betting against you. But there you have it. Should be good for all the aspiring art lawyers out there.

Finding in favour of Phillips Auctioneers LLC, Hon. Denise Cote of the Southern District of New York dismissed JN Contemporary Art LLC’s complaint against Phillips, holding that (i) “[i]t cannot be seriously disputed that the COVID-19 pandemic is a natural disaster”; and (ii) Phillips, therefore, did not breach its consignment and guarantee agreement with JN Contemporary when it invoked the force majeure provision[1] in the agreement to terminate the parties’ relationship.

The ruling is under appeal.

More here.

Southampton, the glitzy vacation destination on the eastern end of New York’s Long Island, now requires landlords of storefronts that have been vacant at least a month to join with local artists to liven up these typically dreary eyesores with art installations.

There’s a catch of course. The art cannot “make political statements or potentially offend children.”

Compelled speech?

The buyer “didn’t send the payment to an escrow account—which was not unusual, given the old-­fashioned agreements the art world still relies on.” The buyer explains that this choice was due to “the strong referral from a trusted friend, the need to act quickly…”

The art dealer “lied, fabricated email correspondence, and faked bank transfers, but she also made real payment of deposit and restoration, and shipping costs,” the buyer says.

If I had a dollar for every time this kind of mess happens, I would own the Dallas Cowboys by now.

Finding in favour of Phillips Auctioneers LLC, Hon. Denise Cote of the Southern District of New York dismissed JN Contemporary Art LLC’s complaint against Phillips, holding that (i) “[i]t cannot be seriously disputed that the COVID-19 pandemic is a natural disaster”; and (ii) Phillips, therefore, did not breach its consignment and guarantee agreement with JN Contemporary when it invoked the force majeure provision[1] in the agreement to terminate the parties’ relationship.

More here.

Rarely do I agree with pompous and elderly aromatic Rob Storr, but this time I do. “I also distrust academic Marxists because they have never done any real politics at all, so they don’t know that danger.” God bless!