Warfare of Art and Law Podcast sparks conversation about the intriguing – and sometimes infuriating – stories that arise in the worlds of art and law with artist and attorney Stephanie Drawdy.
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The Art Law Podcast hosts discussions about topics at the intersection of art and law with art lawyers Steve Schindler and Katie Wilson-Milne and their distinguished guests.
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Discussions with international lawyers and legal scholars about current legal issues in the fields of art, museums, archeology, cultural property, and cultural heritage.
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Dr. Andres Guadamuz on IP in the AI Age: Exploring Copyright, Authorship, and Future Regulations
1:00:42
1:00:42
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Send us a Text Message. Show notes: 1:20 background and work in IP law and technology 2:20 blog article, “What can internet history teach us?” 3:25 IP issues emerging in the age of AI 5:10 inevitability of AI 6:40 global regulation of AI 8:25 Emily Gould - which body would handle global regulation of AI 11:00 Council of Europe’s adoption of first A…
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Steve and Katie discuss several art law topics in this end-of-season episode. They talk about internal thefts at the British Museum, the ongoing Victorious Youth litigation between Italy and the Getty Trust, the Damien Hirst backdating scandals, the litigation between the Manhattan DA and the Art Institute of Chicago, and the recent litigation betw…
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Artist in Exile: Tetiana Cheprasova Shares About Her Work as a Witness of her Time
59:22
59:22
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Send us a Text Message. To learn more about Tetiana Cheprasova, please visit her page at Agency of Artists in Exile. Special thanks to Valentina Kostornichenko for acting as interpreter in this episode. Show Notes: 0:00 Tetiana Cheprasova's view of the war in Ukraine & interpreter Valentina Kostornichenko 1:30 Cheprasova's background and work in pa…
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Author & Historian Angie Elita Newell Discusses her book, All I See Is Violence, involving the 1876 Battle of Little Bighorn and the 1970s American Indian Movement
49:47
49:47
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Send us a Text Message. To learn more, please visit Angie Elita Newell's site for All I See Is Violence. Show Notes: 1:20 Newel’s background 4:00 impetus to address historic inaccuracies 4:50 women warriors 5:30 research process 7:20 perspectives decided on for All I See Is Violence 8:45 interconnectedness of all 10:15 timelines within All I See Is…
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Italy’s Expansive Control Over Cultural Heritage
57:10
57:10
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Steve and Katie speak with Italian lawyer Giuseppe Calabi and art historian Sharon Hecker about Italy’s cultural patrimony laws granting state institutions control over the use of images of cultural property long in the public domain. They discuss the legal, ethical, and practical issues with such laws and their specific application to uses of the …
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Deadria Farmer-Paellmann Provides an Update on Restitution Study Group's Work for Slavery Justice, including the Status of the Benin Bronze Suit Against the Smithsonian Institution
36:37
36:37
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Send us a Text Message. Cover Photo by Nils Paellmann 0:00 Restitution Study Group (RSG) Executive Director Deadria Farmer-Paellmann 1:30 overview of suit and issues raised 4:30 Prof. Tobias Skowronek’s findings on the metals contained in the manillas 7:00 Dismissal of suit against Smithsonian based on mootness 7:55 court order that Plaintiffs conc…
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The 25th Anniversary of the Washington Conference Principles and Where We are on Nazi-Looted Art
52:16
52:16
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Steve and Katie talk with their colleague, Tom Kline, about the Nazi’s program of remaking European culture, the enormous theft and displacement of art that occurred as part of that program, and the efforts of the heirs of Jews displaced during World War II to reclaim art and cultural property. The discussion focuses on the Washington Principles, t…
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Fast Familiar Co-Founder Rachel Briscoe on Creating Audience-Centric Theatre to Facilitate Dialogue and Address Social Issues and How Tech Can Serve Humanity in that Process
40:16
40:16
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Send us a Text Message. To learn more, please visit Fast Familiar's site. Show Notes: 0:00 Briscoe discussing justice 1:20 Briscoe’s background in theatre and co-founding Fast Familiar 3:15 2015 project ‘Invisible Treasure’ about systems of power 4:40 2018 began work with computational artist Joe McAlister 5:20 technological solutions for use in pr…
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Author & Art Historian Dr Laura Morelli Discusses her Historical Fiction Novel The Last Masterpiece and WWII Looting of Florentine Collections
46:00
46:00
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Send us a Text Message. To learn more, please visit Laura Morelli's site. Show Notes: 0:00 Laura Morelli discussing the WWII era art looting 1:15 genesis of writing about the looting of Florentine art collections in The Last Masterpiece 2:45 German Jewish artist Rudolph Levy as guest of German Art History Institute 4:30 Stolperstein for Levy 5:00 p…
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Novelist & Attorney Barbara Hinske Discusses her Rosemont Series, Guiding Emily Series & Hallmark Movie, Discrimination Against the Blind, Art's Ability to Address Social Issues and Much More
1:00:11
1:00:11
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Send us a Text Message. To learn more, please visit Barbara Hinske's website. Cover photo of Barbara Hinske, 2020 Jean Laninga Creative. Show Notes: 0:00 Guiding Emily Series to effect change for good in the sighted community 1:15 background in engineering and the law 2:00 whodunit books by Barbara’s father 2:25 double vision by auto accident led t…
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The Native American Graves Protection and Repatriation Act Gets Some Teeth
42:47
42:47
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Katie and Steve speak with colleague Eden Burgess about the Native American Graves Protection and Repatriation Act (NAGPRA), its history, purpose, and requirements to repatriate cultural property and human remains to Native American tribes and Native Hawaiian Organizations, as well as new regulations that are leading major museums to remove or clos…
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*Bonus* "Manifestation of Freedom" from Elicit Justice: Conversations Off Grid
3:18
3:18
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Send us a Text Message. Featuring excerpts from Episode 108, an interview with Dr. Ashfaq Ishaq, and Episode 105, an interview with Milena Chorna, with musical composition by Toulme, Copyright 2024. Many thanks to M.C. Sungaila who sparked the idea for "Manifestation of Freedom". Please share your comments and/or questions at stephanie@warfareofart…
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Katie and Steve take a deep dive into the history and current status of the Parthenon Marbles with Alexander Herman, director of the Institute of Art and Law in London and author of the recent book The Parthenon Marbles Dispute: Heritage, Law, Politics. Notes for this episode: https://artlawpodcast.com/2024/03/04/the-parthenon-marbles-dispute/ Foll…
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Appellate Attorney M.C. Sungaila on Space Cultural Heritage Preservation and Lessons to be drawn from Holocaust-Era Restitution Cases like Cassirer
47:07
47:07
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Send us a Text Message. Show Notes: 0:00 M.C. Sungaila discussing history / preservation of space exploration 1:50 Sungaila’s Portia Project Podcast interview with Space Law Expert Michelle Hanlon 2:45 Sungaila’s experience with University of Mississippi School of Law’s Air and Space Program 5:30 unclear language related to space law 8:00 mining on…
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Attorney Sanjay Sethi Discusses Artistic Freedom Initiative's Work, Oppression of the Arts and Cultural Sectors Globally & the Need for Pluralistic Discourse
55:07
55:07
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Send us a Text Message. Cover image by Nosrat Tarighi of Sanjay Sethi at an AFI event entitled Revolutions and Movements To learn more, please visit the sites for Artistic Freedom Initiative and Sethi & Mazaheri, LLC. Show Notes: 2:00 overview of Sethi’s background and work as Founding Partner of Sethi & Mazaheri, LLC and Co-Executive Director of A…
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Art Law Litigation Updates: Fraud, Fair Use, and Nazi Looting
39:48
39:48
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Katie and Steve discuss three recent litigation updates. They discuss the outcome of the trial in the case brought by Dmitry Rybolovlev against Sotheby’s for aiding in the alleged fraud of Yves Bouvier, the most recent Richard Prince fair use copyright infringement cases brought by two photographers, and the Ninth Circuit decision applying Spanish …
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Dr. Elizabeth White and Dr. Joanna Sliwa discuss their book, The Counterfeit Countess: the Jewish Woman Who Rescued Thousands of Poles During the Holocaust
57:14
57:14
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Send us a Text Message. Show Notes: 2:00 Dr. Joanna Sliwa’s background 4:20 Dr. Elizabeth White’s background 5:20 Majdanek concentration camp 8:00 1989 - White received the manuscript of Dr. Janina Mehlberg’s unpublished memoir from Dr. Arthur Funk 10:30 Dr. Janina Mehlberg’s humanitarian work in Polish concentration camp during WWII 12:20 Mehlberg…
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Researcher Chiara Gallo on Influencer Advertising & Art - A 2ND Saturday Conversation
51:10
51:10
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Send us a Text Message. Show Notes: 1:00 overview of thesis topic 3:00 2018 music video at the Louvre by Beyoncé and Jay Z 3:55 Advertising campaign by Louis Vuitton that featured Joan Mitchell paintings 6:00 2020 Uffizi promotional campaign to promote Botticelli exhibition 7:25 Uffizi’s TikTok account posting with Dua Lipa 8:10 criticism of Uffizi…
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Steve and Katie take a look at the many developments around generative AI and fine art, including debates and litigation on copyrightability and infringement as well as the policy concerns surrounding increased use of generative AI to create artworks. Notes for this episode: http://artlawpodcast.com/2024/01/09/2023-ai-and-art-wrap-up/ Follow the Ar…
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Anthropologist and Author Dr. Giovanni Ercolani on Artists in Ukraine Who Are Preserving the Spirit of Maidan
1:06:54
1:06:54
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Send us a Text Message. To learn more, please have a look at Dr. Ercolani's book, The Maidan Museum: Preserving the Spirit of Maidan. Show Notes: 1:00 Ercolani’s background 3:50 Ercolani’s focus of Ukraine 6:40 research and writing The Maidan Museum: Preserving the Spirit of Maidan 11:40 new Maidan language created that includes symbols 14:45 portr…
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*Bonus* “Signs” from Elicit Justice: Conversations Off Grid
3:54
3:54
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Send us a Text Message. Featuring excerpts from Episode 121, an interview with Dr. Samson Munn and musical composition by Toulme, Copyright 2023. Please share your comments and/or questions at stephanie@warfareofartandlaw.com To hear more episodes, please visit Warfare of Art and Law podcast's website. Music by Toulme. To view rewards for supportin…
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Copyright Advocate & Author David Newhoff on State Sovereign Immunity, IP, AI and Artists' Rights - A 2ND Saturday Conversation
1:07:52
1:07:52
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Send us a Text Message. Cover Photo of David Newhoff by Sean Mekas To learn more, please visit Mr. Newhoff's site as well as his blog, The Illusion of More. Show Notes: 1:45 Newhoff’s background 4:15 impetus to write Who Invented Oscar Wilde?: The Photograph at the Center of Modern American Copyright? 6:15 SCOTUS’s Warhol decision 10:00 Sarony’s in…
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New Hurdles to Importing Art in the EU
1:01:03
1:01:03
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Katie and Steve talk with renowned art lawyer Pierre Valentin about the EU’s new and striking import regulations on cultural goods, including fine art and cultural property, that prohibit the import of applicable items not created in the EU into the EU if they cannot be shown to have been legally exported from their countries of origin. We discuss …
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Dr. Samson Munn on Recovering Art by Jacob Mącznik and other School of Paris Artists, Escaping the Burden of Silence Through Dialogue, Citizenship, Israeli PM Netanyahu, the Fraught Concept of Legacy ...
1:25:55
1:25:55
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Send us a Text Message. Cover Image: Self-Portrait, oil on canvas by Jacob Mącznik. To learn more, please visit the website for Jacob Mącznik, the Lost Art Database page for Mącznik's Still Life with Fish, The Austrian Encounter and the trailer to The Ghosts of the Third Reich. Show Notes: 0:00 Dr. Samson Munn discussing Van Ham art auctionhouse 1:…
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Fair Use and AI - A 2ND Saturday Exploration
45:09
45:09
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Send us a Text Message. Show Notes: 0:00 Yelena Khajekian 1:30 Warhol v Goldsmith decision by SCOTUS 3:00 USCO NOI’s Question 8 4:00 Google LLC v. Oracle America, Inc., 593 U.S. ___ (2021) 4:20 liability question 4:45 Emily Gould - fair use 6:30 Alan Robertshaw - Warhol court’s focus on use of the work 7:50 Khajekian - artists’ perspective on Warho…
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Returning "The Wounded Indian" Statue to Massachusetts
44:45
44:45
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Steve and Katie talk with their colleague Tom Kline about his client, the Massachusetts Charitable Mechanic Association (MCMA), and its decades-long quest to reclaim the dramatic marble statue The Wounded Indian by Peter Stephenson, modeled after the Roman sculpture The Dying Gaul. MCMA was founded by Paul Revere in 1795 and was gifted the statue i…
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Glance at Culture - Martha Szabo's NYC Solo Exhibition & MSeum's Celebration of Unknown Female Artists
54:31
54:31
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Send us a Text Message. Cover art: Martha Szabo, Rooftops in Snow 11, oil on linen, 24 x 35 in., circa 1964 To learn more, please visit the sites for Martha Szabo and MSeum. Show Notes: 0:00 Art historian Kathleen Hulser 1:30 Journalist Julia Szabo’s motivation to work on Martha Szabo’s body of work 4:30 MSeum to be built in the Catskills 5:00 Nati…
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Glance at Culture - Anna D. Smith shares about Los Angeles Prisoner Artist Donald "C-Note" Hooker
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Send us a Text Message. Cover art by Donald "C-Note" Hooker: top image "Cell Time" (2019); bottom image "During the Flood" (2017) To learn more, please visit the sites for Donald "C-Note" Hooker and Art for Redemption. Show Notes: 0:00 Anna D. Smith discussing C-Note Hooker’s artwork entitled “During the Flood” 1:20 Smith’s background 3:15 Smith’s …
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Transforming Vacant Buildings into Art: Social Change with Ernest Chrappah
31:27
31:27
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Send us a Text Message. To learn more and support Vacant to Visual artists, please visit the CityKey website. To reach out and learn more about Ernest Chrappah's work, please visit his website. Show notes: 0:00 Ernest Chrappah 1:10 Chrappah’s background 4:00 Washington DC’s Vacant to Visual program 9:00 artists included in the Vacant to Visual prog…
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Glance at Culture - Dr. Christoph Kreutzmüller and Katharina Menschick Discussing the #lastseen Project's Analysis of Nazi Deportation Photographs
38:19
38:19
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38:19
Send us a Text Message. To learn more, please visit the website for the #lastseen project. SHOW NOTES: 0:00 Katharina Menschick on the response to #lastseen project 3:00 Menschick – research associate in Arolsen Archives’ historical research department dealing with digital memory projects, digital archival projects and archival theory 3:20 Dr. Chri…
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What Can Artificial Intelligence Offer Art Authentication?
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53:32
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Steve and Katie speak with Dr. Carina Popovici, CEO and Founder of Art Recognition, an art and technology startup that uses AI systems to evaluation the authenticity of artworks. They discuss the problems with authentication in the traditional art market and the promise and limitations of AI in solving these problems along with some real-world exam…
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AI Policy From the UK to the US with Institute of Art and Law's Emily Gould - A 2ND Saturday Conversation
1:00:16
1:00:16
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Send us a Text Message. SHOW NOTES: 0:00 Alan Robertshaw 1:00 Emily Gould - overview of AI historical development 2:30 first phase - 1950s Alan Turing - machines do what they are told 3:10 second phase - machine learning creating models using data and develop methods to make decisions / predictions based on that data 3:50 third phase - deep learnin…
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Glance at Culture - Michael Rohd on Theatre Arts, Social Cohesion, Social-Based Arts Programs and Civic Imagination
58:03
58:03
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Send us a Text Message. To learn more, please visit the sites for Sojourn Theatre, One Nation/One Project, and the Undoing Time: Art and Histories of Incarceration exhibition. Cover Photograph: "Rohd co-facilitating an arts convening in Boston this past fall with Nicole Brewer and musicians from Silkroad Ensemble" Show Notes: 3:45 Rohd’s background…
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Attorney, Author and Podcaster Jeremy Richter aka J.W. Judge Discusses His Legal and Writing Practices, Traditional versus Self Publishing, AI and More
37:36
37:36
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37:36
Send us a Text Message. To learn more, please visit the websites for Jeremy Richter, J.W. Judge, Scarlet Oak Press and The Write Approach podcast. Show Notes: 1:00 Commercial litigation practice with Gordon Rees 4:00 Sustainable marketing and branding with writing law blog 5:00 Speaking and presenting at conferences on legal topics 5:20 Writing leg…
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Glance at Culture - Artist Farook Mohammed on Using Art As A Weapon
54:52
54:52
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Send us a Text Message. Cover art After World War III, 2020, oil on board, 60 cm x 80 cm, by Farook Mohammed To learn more, please visit the website for the Afro Arabian Empire. Show Notes: 00:45 Pan-African mission of his artwork that combines the diversity of Africa 2:30 artwork to promote brotherhood and unity for Africa and the world 8:00 artwo…
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Do Market Players React to Court Decisions Impacting Art?
1:00:29
1:00:29
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Katie and Steve speak with WIPO economists Alexander Cuntz and Matthias Sahli about their recent article, Intermediary liability and trade in follow-on innovation, published in the Journal of Cultural Economics in February 2023. Their research looks at how intermediaries in the art market altered their behavior after the Second Circuit’s decision i…
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NFT Update with Emily Gould - A 2ND Saturday Conversation
1:06:00
1:06:00
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Send us a Text Message. To learn more: 18 April 2023 UK Parliament's Digital, Culture, Media and Sport Committee regarding NFTs and the blockchain, Emily Gould's correspondence following the hearing on several issues touched on by the Committee; and NFT-related posts on the IAL Blog. Show Notes: 1:15 Beeple sold ”Everydays — The First 5000 Days” fo…
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Glance at Culture - Cultural Heritage Preservation Lawyers' Committee Fellow Jan Felman on the Cancellation of The Max Stern Düsseldorf to Montreal Art Exhibition
50:05
50:05
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50:05
Send us a Text Message. To learn more, please visit the websites for the Max Stern Restitution Project, the HEAR Act, the Second Circuit's decision in Zuckerman v. The Metropolitan Museum of Art, the Zurückgeben Foundation and Almost Lost: the Heinemann Legacy (Before, During, and After the Holocaust). Show Notes: 1:30 Max Stern Art Restitution Pro…
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SCOTUS Says Warhol Not So Fast: The Limitations of Transformative Use
59:18
59:18
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Katie and Steve talk to Philippa Loengard, copyright expert and Director of the Kernochan Center for Law, Media and the Arts at Columbia Law School, about the much-anticipated Supreme Court decision in Andy Warhol Foundation v. Goldsmith, which resets and limits the applicability of “transformative” fair use as an exception to copyright infringemen…
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Environmental Lawyer, King's Counsel and Artist Stephen Tromans Discussing his Golgotha Series on the Russian Invasion of Ukraine, His Practices of Law and Art, and Art's Role In Addressing Injustice
37:08
37:08
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37:08
Send us a Text Message. Cover image by Stephen Tromans: Climate Innocence, 1957, oil on board, 20x24 inches To view Stephen Tromans' work, please visit Mr. Tromans' website and Instagram as well as Ely Cathedral's feature of his Golgotha series, the Cambridge Drawing Society's discussion of his work and the Gallery Holt. Show Notes: 1:30 Troman’s c…
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Glance at Culture - Dr. Ashfaq Ishaq on the International Child Art Foundation, the World Children's Festival, the Child Art Magazine and CreativeEmpaths
1:06:14
1:06:14
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Send us a Text Message. To learn more, please visit the sites for International Child Art Foundation, World Children's Festival and the International Child Arts Olympiad (with coming plans for the Paris 2024 Olympics ). Show Notes: 2:30 children’s creativity 3:30 empathy needed due to moral neutrality of creativity 4:30 adverse childhood experience…
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Careers in Art & Law - A 2ND Saturday Conversation
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52:20
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Send us a Text Message. Please visit the following links to learn more: Queen Mary’s LLM in Art, Business and Law and the Institute of Art and Law. Show Notes: 1:00 Stephanie Drawdy - introduction 1:20 Emily Gould - overview of the Institute of Art and Law (IAL) 5:20 Gould’s background 7:35 careers in art law practice 9:35 Janan Foster - background…
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*Bonus* "Exposed" (LP) from Elicit Justice: Conversations Off Grid
4:11
4:11
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Send us a Text Message. "Exposed" musical composition by Toulme, Copyright 2023. Cover art: excerpt from Consequence, oil on panel, Stephanie Drawdy, copyright 2022. The following are the featured episode excerpts from Warfare of Art and Law: Episode 38: Glance at Culture - Defiant Requiem: Maestro Murry Sidlin on Terezín Concentration Camp, Verdi'…
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Glance at Culture - Ukraine War Museum's Milena Chorna Discusses the "Ukraine. Crucifix" Project, Artifacts of War and Russian Imperialism
1:00:47
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Send us a Text Message. To learn more, please visit the website for Ukraine's War Museum. Cover photo by Viktor Byshev of the Church of the Nativity of the Holy Virgin in Peremoha that Russians attacked and damaged. Left in the photo is Dr. Yurii Savchuk and right is the clergyman from the Church, Oleksandr Yarmolchyk. Show Notes: 1:30 National Mus…
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Katie and Steve talk to attorney Emily Poler, founder of Poler Legal, about the recent lawsuit between the iconic French fashion house Hermès and an NFT creator, Mason Rothschild, over Rothschild’s “MetaBirkin” NFTs. Hermès claimed that Rothschild infringed Hermès’ trademark in the name “Birkin.” Hermès prevailed on this claim (and others) in a jur…
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Dr. Randall Horton on the Collaborative Radical Reversal Project, Mass Incarceration, Reformation and Justice
57:03
57:03
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Send us a Text Message. Cover Image by Diane Allford To learn more, please visit the sites for Randall Horton and Radical Reversal. Show Notes: 00:00 Dr. Randall Horton’s work in poetry 02:00 Dr. Horton’s work as poet/writer, professor of English at University of New Haven, system-impacted 03:10 Chicago State’s MFA program 03:20 Definition of Place…
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Glance at Culture - Artists' Talk about Upcoming NYC Group Show of Artists Who Work In or Study the Law
46:50
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46:50
Send us a Text Message. To learn more and view their work, please visit the sites for Stefania Salles Bruins, Nnebundo Obi and Geoffrey Stein. 0:00 Artist and attorney Geoff Stein describing his collage work 2:00 Artist and attorney Stefania Salles Bruins describes genesis of theme for “Portraits As Still Lives” group show 3:45 Stephanie Drawdy on …
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Charles Vincent Sabba, Jr. on Italian Cultural Patrimony, Art Theft, Isabella Stewart Gardner's Collection Practices, the Gardner Heist, the Getty's Failure to Return the Lysippos di Fano and more
1:12:46
1:12:46
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1:12:46
Send us a Text Message. Cover art - The Scream, fingerprint ink on police print card done in thumb print, 2" x 1-1/4", 2004 copyright Charles Vincent Sabba The following are links for Charles Sabba's artwork, blog and articles with La Voce di New York. Show Notes 0:00 Sabba’s great-grandfather 3:45 retired police captain 4:15 duCret School of Art i…
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The Promise of NFTs for Artists and the Art Market
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Steve and Katie speak with Amy Whitaker about her new book with Nora Burnett Abrams, The Story of NFTs: Artists, Technology and Democracy. Amy describes her vision for the promise of NFTs for artists and a more equitable art market and discusses the democratic incentives NFTs create in this world. They discuss NFTs in the context of the current mom…
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*BONUS* "Restoration" from Elicit Justice: Conversations Off Grid
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Send us a Text Message. "Restoration" musical composition by Toulme, Copyright 2023. Cover art: excerpt from Consequence, oil on panel, Stephanie Drawdy, copyright 2022. The following are the featured episode excerpts from Warfare of Art and Law: Episode 34: Professor Ziva Amishai-Maisels Episode 48: Columbia Law School's Inaugural Artist-In-Reside…
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