Germany’s Cultural Minister is pushing to pass a new law that will strictly limit the international sale of works deemed of particularly high cultural value, as well as potential fakes and illegally sold antiques, particularly works valued over €150,000 ($164,000) and/or older than 50 years.  The proposal has seen staunch opposition from a number of artists, including Gerhard Richter.  “No one has the right to tell me what I do with my images,” the artist said this week. (more…)

President Obama has designated three new sites for federally protected land in the United States, including Basin and Range in Nevada.  The site serves as the home of Michael Heizer’s landmark installation City, effectively preserving the work within the 704,000 acres of desert being set aside for protection. (more…)

Art Daily has an interview with Art Recovery Group’s founder Christopher Marinello, whose work investigating claims of Nazi-looted art and stolen works has made him a trusted authority on reclaiming lost art.  “This is one of our specialities,” Marinello says of his recent case returning a stolen Rodin to a Los Angeles family. “Getting in the middle of a case and finding a way to twist everybody’s arm to settle the case.”  (more…)

Ai Weiwei has opened a series of new exhibitions in Beijing, signaling a relaxation of the capital’s ban on the showing the artist, while foreign travel is still off limits.  “The decision-making process is opaque. I can only speculate that the authorities realize that they have created a situation that, sooner or later, has to be resolved,” says John Tancock, a longtime collaborator of Ai’s and an adviser to Chambers Fine Art. (more…)

The New York Times travels to the Havana Biennial this week, and notes the arrest of artist Tania Bruguera during the event, following the artist’s live reading of Hannah Arendt’s The Origins of Totalitarianism, an event that cast something of a pall over the first Biennial legally accessible to American visitors. (more…)

The Washington Post notes two American museums battling in court to prevent works claimed as Nazi-loot from returning to the families who claim them as rightfully theirs.  “I find it outrageous, and I’m embarrassed,” says Oklahoma state Rep. Paul Wesselhoft of the Fred Jones Jr. Museum of Art at the University of Oklahoma, one of the museums refusing to return a work. “With this artwork, we have definitive proof that it was stolen. We have copies of the Nazi documents. As an Oklahoman, I think it’s a moral outrage.” (more…)

An arrest warrant for Artist Shepard Fairey has been issued in the city of Detroit, alleging that the artist has caused over $9,000 in damages from various tags and murals he left in the city.  Fairey’s public recognition “does not take away the fact that he is also a vandal,” says Police Sgt. Rebecca McKay. (more…)

A public sculpture by Erwin Wurm, depicting a full-size Mercedes transporter MB100D truck bending slightly up a wall, has been hit with a parking ticket for its placement outside of the German city of Karlsruhe’s Center for Art and Media (ZKM) in a parking restricted zone.  Karlsruhe mayor Frank Mentrup has stated that he will try and fix the ticket, so that the work may remain parked in the space, albeit illegally. (more…)

Following the example of collectors seeking tax breaks for their donation of art works to museums, artists themselves are seeking more equitable tax treatment for donating works.  While collectors currently can claim fair market value for the works they donate, artists themselves can only write off the cost of materials.  “It seems to me there is a discrepancy in treatment there”, says Philippe Vergne, director of MOCA. “What’s extraordinary is that artists keep giving.”  (more…)

A Los Angeles Judge has rejected a lawsuit against the nation of Spain and the Thyssen-Bornemisza Museum in Madrid to return a Camille Pissarro taken from the Cassirer family through forced sale by Nazis in 1939.  The painting, Rue Saint-Honoré, Après-midi, Effet de Pluie, was subject to Spanish law, Judge John F. Walter ruled, and therefore could not be removed by his decision.  The family plans to appeal.  “Museums and governments around the world recognize the need to return Nazi-looted art to its rightful owners,” said Laura Brill, a lawyer for the Cassirer family. “Here, it is undisputed that the Pissarro was owned by the Cassirer family until it was stolen by the Nazis in 1939.” (more…)

Market Watch has an interesting article this week on the tax status of Nazi-looted paintings returned to their rightful owners, noting the tax-free status of reparations payments from the German government, particularly in the case of Maria Altman’s reception of the Gustav Klimt masterwork Portrait of Adele Bloch Bauer I, and attorney Randol Schoenberg’s move to get sales proceeds from the work equal status.   (more…)

The New York Times looks at the current practices of “Like-Kind Exchange” on the fine art market, a tax provision allowing collectors and art flippers to defer taxes on sales income by using proceeds to buy an even more expensive work, and the attention it’s currently receiving from tax regulators.  “If you are doing five transactions over 25 years,” says advisor Josh Baer, “each time buying something more expensive, each time you don’t pay the capital gains tax on the way. At the end of the day you are way ahead.” (more…)

Klaus Albrecht Schröder, the director of Vienna’s Albertina Museum, has publicly called for a time limit Nazi-loot restitution claims for work held in public collections  “The international community should decide on a sensible time frame of 20 or 30 years from now,” Schröder argues. “If we don’t set a time limit of around 100 years after the end of the Second World War, then we should ask ourselves why claims regarding crimes committed during the First World War should not still be valid; why we don’t argue anymore about the consequences of the 1870-1871 Franco-Prussian war, and why we don’t claim restitution of works of art that have been stolen during previous wars?” (more…)

A group of heirs to a Jewish art dealer have sued the German government over a collection of Renaissance-era artworks valued at $226 million.  The works were reportedly sold under duress during the Nazi rise to power, although hard details about the sale are somewhat murky.   “Any transaction in 1935, where the sellers on the one side were Jews and the buyer on the other side was the Nazi state itself is by definition a void transaction,” says Nicholas O’Donnell, the lawyer representing the plaintiffs in the case. (more…)

Despite improved relations between the United States and Cuba, the Art Newspaper notes that the island’s government still refuses to return art seized by the government from exiles during the 1960’s.  “In most of the articles you read about missing art in Cuba, the question is—where is the piece? That’s not my issue. I know where it is, I just can’t get to it. There’s no method of my claimed ownership being adjudicated,” says Javier Garcia-Bengochea, who claims Francesco Guardi’s View of the Lagoon between the Fondamenta Nuove and Murano was seized from a family member’s home.  The painting now sits in the National Museum of Fine Arts in Havana, with no success in getting the Cuban government to return it. (more…)

Following the death of Cornelius Gurlitt, the works he had willed to the Kunstmuseum Bern in Switzerland have hung in limbo, the subject of a dispute filed by his cousin Uta Werner, which questions the authenticity and authority of his will.  “The Board of Trustees regrets this delay, in particular because it will impede the settlement of restitution cases that have already been clarified and endorsed by the Kunstmuseum Bern, but the circumstances are beyond its control,” the museum said in a statement. (more…)

Photographer Donald Graham has sent a cease and desist letter to Richard Prince and Gagosian Gallery, after a work of his ended up in Prince’s recent show of Instagram appropriations.  Interestingly enough, the work itself was already used without license on user @rastajay92’s account, which is the image Prince apparently printed. (more…)

Following her arrest over a performance in Havana, Tania Bruguera has claimed that Cuban authorities are closely following her every movement.  “I can move around Havana, but I have a car following me everywhere I go,” the artist tells the Miami New Times. “I know they are listening to my calls, because recently, during a phone conversation with a friend, I mentioned I was going to pass out fliers that the government might find alarming. Then, 20 minutes later, a government blogger wrote, ‘Tania is on her way to distribute inflammatory leaflets here.'”  (more…)

A number of New York City art galleries and dealers have been subpoenaed in the past weeks by the Manhattan district attorney’s office, asking for a sales and shipping records for past sales.  Some speculate that the high prices paid at recent auctions have triggered a response by the DA to investigate possible fraud and tax evasion.  “I suspect they are looking at many. It is very rare they would go after a one-off unless it was someone who was very well known,” says tax specialist Ken Zemsky. (more…)

The French Senate and parliament have passed a new bill this week cutting the nation’s  VAT rate on French artwork nearly in half, from 10% to 5.5%.  The bill, proposed by Socialist party member David Assouline, should have a major impact on the sale of French art, and targets what he considers “a ludicrous situation that penalizes the French scene and does not correspond to any economic logic.” (more…)

Artist Tania Bruguera has been freed following three consecutive detentions, and is planning to fight her imprisonment in both Cuba and at the UN.  “This served to unmask everyone,” Bruguera said in an interview. (more…)

The French Court of Appeal has demanded a â‚¬20 million bail from Guy Wildenstein, over the art dealer’s alleged concealment of over 30 works from his family’s non-profit, reported as “stolen” or “missing” by their original owners. (more…)

The New York Times has published an extended account of the recent ruling on the case regarding the inheritance of James A. Elkins, a collector whose works were held jointly by various members of his family.  The ruling, announced earlier this fall, allowed a discounted estate tax on these works, fundamentally changing the way taxes can be levied on art in a collector’s estate.  “I’ve had calls from estate planning attorneys that said they celebrated in the coffee room when this decision came out,” says Carsten Hoffmann, managing director at FMV Opinions. “This is a deal changer.”  (more…)

A recent US Fifth Circuit Court decision over the estate of collector James A. Elkins Jr has considerable implications for collectors leaving behind works after their death.  The court decision allowed a considerable discount on the the Elkins Family’s collection, which included pieces by Pablo Picasso, Henry Moore and Jackson Pollock, as the works were owned partially by the collector’s children, and not wholly by himself.  “Finally we have an applied fractional discount based on the facts,” says art lawyer Joy Berus,  in Newport Beach, Calif. “These are major discounts. It’s a huge affirmation that opens the door to help art owners reduce their estates.” (more…)