Nicholas M. O’Donnell is an art lawyer and a litigation partner at Sullivan & Worcester LLP

The Supreme Court has saved the Andy Warhol Foundation from itself

The foundation should never have pursued the copyright case against Lynn Goldsmith and it should be grateful it lost

Why Germany has the Prussian blues

The Prussian Cultural Heritage Foundation is one of Germany’s most important cultural institutions, but why is its name such a relic from the past?

20 Jan 2023
Jean-Michel Basquiat in the film ‘Downtown 81’ (1980–81/2000).

No, you probably can’t sell your Basquiat as an NFT

If the cancelled sale of a Basquiat NFT is anything to go by, disputes about intellectual property will affect the course of the big NFT adventure

12 May 2021
Arkady Rotenberg, who together with his brother Boris Rotenberg has been accused by a US Senate report of evading sanctions by buying art at auction in New York, at an awards ceremony with President Putin in Russia in March 2020.

The US art market must demonstrate its integrity – or further regulation is a certainty

Art businesses in the US have a limited time to prove that responsible practices are already in place

11 Sep 2020
The Metropolitan Museum of Art, New York

How far can museums go to stay afloat during the current crisis?

An art lawyer considers the implications of deaccessioning works and dipping into endowment funds

27 Apr 2020
Seattle Art Museum, with Hammering Man (1991) by Jonathan Borofsky at its entrance.

What can museums do to ensure collectors follow through on promised gifts?

With no contracts or value exchanges, announced gifts can easily be revoked. But there are ways to firm up loose agreements

14 Jan 2019
Agnes Martin photographed in her studio in 1960 by Alexander Liberman. Alexander Liberman Photography Archive, The Getty Research Institute, Los Angeles

How artists’ foundations can reduce the risks of high-stakes lawsuits

Lawsuits can drive foundations to stop rendering opinions about the authenticity of artworks. But as a recent case shows, authenticators can take steps to protect themselves

12 Jun 2018
5Pointz on 19 November 2013.

Street artists in the US have more rights than they thought

The 5Pointz case sets a new standard for artists seeking to assert their moral rights

15 Mar 2018

What will Trump’s tax reforms mean for the art market?

The US is planning to eliminate ‘like-kind’ exchanges for artworks, a key tax deferral tool for the art trade

Is the ‘monkey selfie’ case making a monkey out of the law?

Even if a wild animal could create an image by itself, it’s not easy to see how it can claim copyright

28 Jul 2017
The Fearless Girl (front) statue stands facing the 'Charging Bull' as tourists take pictures in New York on 12 April, 2017. JEWEL SAMAD/AFP/Getty Images

Why this fearless girl should stand her ground

New York’s famous ‘Charging Bull’ statue has company – and despite all the controversy, the new arrival has every right to be there