Showing posts with label Donn Zaretsky. Show all posts
Showing posts with label Donn Zaretsky. Show all posts

July 7, 2012

Donn Zaretsky writes on "When Photography Might be Illegal" in his Art Law and Policy column for the Spring/Summer 20112 issue of The Journal of Art Crime

Attorney Donn Zaretsky writes on "When Photography Might be Illegal" in his Art Law and Policy column in the Spring/Summer 2012 issue of The Journal of Art Crime (available via subscription).

Donn Zaretsky is an art law specialist at the firm John Silberman Associates. Zaretsky published the Art Law Blog at http://theartlawblog.blogspot.com/.
In an earlier Art Law and Policy column (Spring 2011), I looked at the question of whether a state can declare subject matter off-limits to photographers. In that case, the subject matter was farms: the state of Florida was considering a bill that would have made it illegal to take photographs of a farm without consent. I argued that such a statute would be clearly unconstitutional. “[As] a general matter,” the Supreme Court has said, “the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.” Ashcroft v. American Civil Liberties Union, 535 U.S. 564, 573 (2002) (internal quotation marks omitted; emphasis added). 
Texas Penal Code § 21.15(b)(1) presents a related question. What if it’s not the subject matter that’s off-limits, but the subject matter combined with the photographer’s intent in taking the photograph? The statute makes it a crime to photograph someone “without the person’s consent” and “with intent to arouse or gratify the sexual desire of any person.” Late last year, a Texas appellate court upheld the statute. Ex parte Nyabwa (Tex. Ct. App. Dec. 13, 2011). The Court acknowledged that “[photography] is a form of speech normally protected by the First Amendment,” but accepted the State’s argument that “the statute is not a regulation of speech at all, but instead is a regulation of the photographer’s or videographer’s intent.” Just as a statute criminalizing harassment by telephone (which will typically involve speech) does not violate the First Amendment because it focuses on the actor’s intent (in that case, “to inflict emotional distress”), this statute regulates “a person’s intent in creating a visual record,” as distinct from “the contents of the record itself.” On this basis, the Court concluded that the statute “is not a regulation of speech” and therefore does not violate the First Amendment.

July 1, 2012

The Spring/Summer 2012 Issue of The Journal of Art Crime is now available to download by subscription

The PDF edition of the Spring/Summer 2012 issue of The Journal of Art Crime can now be downloaded by subscribers. This seventh issue is edited by Noah Charney and published by ARCA.
 
Academic articles: "Bordering on Alchemy: A Nation of Counterfeiters" by Stephen Mihm; "Daubertizing the Art Expert" by John Daab; "Looting History: An Analysis of the Illicit Antiquities Trade in Israel" by Aleksandra Sheftel; "The Beltracchi Affair: A Comment on the "Most Spectacular" German Art Forgery Case in Recent Times" by Duncan Chappell and Saskia Hufnagel; and "The Forger's Point of View" by Thierry Lenain.

Regular columns: Donn Zaretsky's Art Law and Policy on "When Photography Might be Illegal"; Ton Cremers on "Rise in Thefts from Museums: Due to Economic Crisis?"; David Gill's Context Matters on "Princeton and Recently Surfaced Antiquities"; and Noah Charney's Lessons from the History of Art Crime on "Mark Landis: the Forger Who Has Yet to Commit a Crime".

Editorial Essays: Joshua Knelman on "Headache Art"; Noah Charney on "Appendix on Forensics of Forgery Investigation"; and Noah Charney on "Art Crime in North America".

Reviews: Stuart George reviews "Stealing Rembrandts: The Untold Stories of Notorious Art Heists" by Anthony M. Amore and Tom Mashberg; David Gill reviews "Museums Matter: In Praise of the Encyclopedic Museum" by James Cuno; Catherine Schofield Sezgin reviews "Hot Art: Chasing Thieves and Detectives Through the Secret World of Stolen Art" by Joshua Knelman; Noah Charney reviews "The Deceivers: Art Forgery and Identity in the Nineteenth Century" by Aviva Briefel; and John Kleberg reviews "Leonardo's Lost Princess" by Peter Silverman with Catherine Whitney.

Extras: Noah Charney's interviews with George H. O. Abungu; Ernst Schöller; Joris Kila and Karl von Habsburg; Ralph Frammolino and Jason Felch; Thierry Lenain; and a Q&A on "Art Crime in Canada".  

There is also a list of the 2012 ARCA Awards.

February 28, 2012

The Journal of Art Crime, Fall 2011: Donn Zaretsky's column "Art Law and Policy"

In Donn Zaretsky's regular column, "Art Law and Policy", the attorney asks "When is a citizen not a citizen for purposes of foreign sovereign immunity?" in the Fall 2011 issue of The Journal of Art Crime.

Mr. Zaretsky tries to answer that question in his column:
The case that The New York Times has called “the world’s largest unresolved Holocaust art claim” may provide an answer to that question. In de Csepel v. Republic Of Hungary (10-cv-1261), heirs of the Hungarian banker Baron Mor Lipot Herzog sued in United States District Court in Washington seeking the return of a collection worth more than $100 million. Since the suit is against the Republic of Hungary (and several of its state-run museums, where much of the collection still hangs), the question of foreign sovereign immunity naturally presents itself. The plaintiffs say the doctrine doesn’t apply because the works were taken in violation of international law -- even though it is well-established that a state’s taking of the property of its own citizens cannot violate international law. In a recent decision (issued September 1, 2011), the District Court agreed.
Donn Zaretsky is an art law specialist at the firm John Silberman Associates and a leading name in the art law corner of the legal blogosphere. Zaretsky publishes the Art Law Blog at  and is frequently cited by journalists for his commentary on art-related legal matters.

You may read Mr. Zaretsky's opinion in ARCA's publication, The Journal of Art Crime, by subscribing here.

August 31, 2011

The Journal of Art Crime, Spring 2011: Donn Zaretsky's Art Law and Policy looks at the First Amendment Rights of Photographers

In his regular column for The Journal of Art Crime, art law specialist Donn Zaretsky looks at the First Amendment rights of photographers in the Spring 2011 issue.

Mr. Zaretsky, an attorney with the firm John Silberman Associates and publisher of the Art Law Blog, asks the question "Can a state declare an entire subject matter off limits to photographers?" He questions the constitutionality of a proposed law recently introduced in Florida that would restrict digital or video recording of images taken by photographers without the written consent of the owner. "Clearly, what the legislature wants to do here is the one thing they cannot do: criminalize the PETA-style undercover farm videos," Zaretsky writes. "They can strengthen their trespassing laws, if they wish. But they cannot restrict speech "because of its messages, its ideas, its subject matter, or its content."

The Journal of Art Crime, edited by ARCA founder and president Noah Charney, is the first peer-reviewed academic journal on the interdisciplinary study of art crime. You may subscription to the Journal through ARCA's website (where you can also read guidelines for submissions) or   purchase individual subscriptions through Amazon.com.

February 8, 2011

The Journal of Art Crime: Columnist Donn Zaretsky on "Art Law and Policy"

Photo:
Lucas Cranach the Elder
"Adam" and "Eve"
The Norton Simon Museum, Pasadena, CA

In his column in The Journal of Art Crime, “Art Law and Policy”, attorney Donn Zaretsky continues the discussion on the case, Von Saher v. Norton Simon Museum of Art at Pasadena, 578 F.3d 1016 (9th Cir. 2009) with California’s passage of Assembly bill 2765 which extended the limitations period for stolen art claims from three to six years from discovery and clarifies that “discovery” means actual discovery.

Donn Zaretsky is an art law specialist at the firm John Silberman Associates. Zaretsky publishes the Art Law Blog at http://theartlawblog.blogspot.com/.

To seek out this piece, and many others, consider a subscription to the Journal of Art Crime—the first peer-reviewed academic journal covering art and heritage crime. ARCA publishes two volumes annually in the Spring and Fall. Individual, Institutional, electronic and printed versions are all available, with subscriptions as low as 30 Euros. All proceeds go to ARCA's nonprofit research and education initiatives. Please see the publications page for more information.