Greetings!

What an extraordinary semester it's been for the Berkeley Art, Law, and Finance Project! We successfully hosted our Fourth Annual Symposium at SFMOMA, where we brought together an exceptional group of experts to tackle the most pressing challenges at the intersection of art, law, finance, technology, and culture. From groundbreaking discussions on AI-generated artwork copyright to critical conversations about cultural heritage preservation and sustainable art practices, our speakers—including renowned artist Trevor Paglen and leading professionals from major auction houses and galleries—delivered insights that will shape the future of our field. Video recordings will come soon. In the meantime, click here to read the recap of the entire event.

The symposium represents just one facet of our dynamic programming. Throughout the year, we've hosted compelling discussions on art forgery, fashion law, and restitution claims, while facilitating exclusive conversations with industry visionaries. In early May, Berkeley Law Professor Sonia Katyal joined forces with UCLA Design Media Arts Professor and artist Lauren Lee McCarthy at Rhizome's celebrated 7x7 event in New York. Looking ahead, we're thrilled to participate and present the Project at IMT Lucca this summer as part of our continued global expansion.

This month, we cover policy upheaval as the Trump administration halted NEH grants and proposed eliminating the National Endowment for the Arts, prompting legal challenges. The art market shows mixed signals with high-profile failures including a $32 million Klimt sale collapse and a Giacometti bronze bust going unsold. We also feature analysis from our Senior Fellow Giulia Picci on emerging customary international law for the return of cultural property and the Ohio Supreme Court's landmark ruling on the UNESCO World Heritage Octagon Earthworks site.

Stay tuned for exciting fall programming announcements in the coming weeks.

Delia Violante

Founder of the Berkeley Art, Law, and Finance Project

Berkeley Center for Law and Business

Camille Chiang - Shy boy, my boy, mixed media on canvas, 20x30

Academic Corner

ANNE- MARIE CARSTENS| UNIVERSITY OF BALTIMORE

This article, written by Anne-Marie Carstens, Associate Professor at the University of Baltimore, examines the case of the Octagon Earthworks, a 2,000-year-old indigenous site that opened to the public in 2025 after a legal dispute between a government historical organization and a country club that leased the property. The site is part of the Hopewell Ceremonial Earthworks, recently added to the UNESCO World Heritage List. The case highlights two key issues: the tension between private property rights and the World Heritage Convention's requirements for "authenticity" and "integrity" of cultural sites, and questions about using eminent domain for aesthetic and cultural heritage purposes in the post-Kelo legal environment. Though the country club had been a reasonable steward since 1910, its golf course operations disturbed the mounds and restricted public access. The Ohio Supreme Court ultimately ruled in favor of the historical organization, recognizing the site's extraordinary significance as equivalent to Stonehenge or Machu Picchu. The case affirms that recognized cultural heritage sites of "outstanding universal value" warrant government exercise of eminent domain powers, even amid heightened state standards for takings. Read more>

GIULIA PICCI | BERKELEY ART, LAW, AND FINANCE PROJECT

Giulia Picci, Senior Fellow at the Berkeley Art, Law, and Finance Project and PhD Researcher at IMT School for Advanced Studies Lucca, examines whether new customary international law is emerging to facilitate the return of wrongfully removed cultural property. While existing frameworks like UNESCO conventions have limitations, she identifies growing state practice supporting cultural return through voluntary transfers, such as the repatriation of Benin Bronzes to Nigeria and Indonesia's recovery of artifacts from the Netherlands. However, obstacles remain, including statutory restrictions on European museums and resistance from major market states. Despite these challenges, increasing voluntary return agreements and formal recognition of origin states' rights suggest that customary international law supporting cultural return is beginning to emerge, though it remains in a formative state requiring more consistent state practice. Read more>

Humanities Groups Sue to Restore NEH Funding

ABC NEWS

The Federation of State Humanities Councils and the Oregon Council for the Humanities have sued the Trump administration over halted NEH grants. They argue the Department of Government Efficiency exceeded its authority by cutting congressionally mandated funding. Over 80% of NEH staff were laid off in April under an executive order. Read more>

National Endowment for the Arts Terminates Grants

THE NEW YORK TIMES

The National Endowment for the Arts abruptly canceled grant offers to several arts organizations across the nation, just hours after President Trump proposed eliminating the agency in his upcoming budget. Read more>

Suspended Sentence in Gold Toilet Heist

THE ART NEWSPAPER

Frederick Doe was sentenced to 21 months in prison, suspended for two years, and ordered to complete 240 hours of unpaid work for his role in the 2019 theft of Maurizio Cattelan's 18-karat gold toilet from Blenheim Palace. Doe acted as a middleman, attempting to broker the sale of approximately 10 kilograms of the stolen gold. Read more>

Copyright Office Explores AI's Impact on Creative Rights

U.S. COPYRIGHT OFFICE

The Copyright Office has released a draft of Part 3 of it’s Report on Copyright and Artificial Intelligence covering generative AI training. Previously released were Part 1 on digital replicas, and Part 2 covering copyrightability. The report aims to present a comprehensive review of law and policy issues raised by AI. Read more>

Undercover with the FBI Art Crime Team's Ronnie Walker

CNN

Author Oscar Holland details the life and experience of an Oregon-based FBI agent and founding member of the bureau’s Art Crime Team as he used his art history expertise and undercover skills to infiltrate the world of stolen artworks. Read more>

2025 Christie’s Grant for Nazi-Era Provenance Research

CHRISTIE'S

Christie’s is providing four grants of £5,000 each to support innovative postgraduate research focused on Nazi-era provenance and restitution. Additionally, two £2,000 grants will be awarded to undergraduates studying related topics, with the intention of encouraging future academic or professional engagement in this field. Read more>

Art Market Dodges Tariff Threat Thanks to 1988 Legislation

THE ART NEWSPAPER

President Trump's proposed tariffs alarmed the art world, but a 1988 amendment exempts artwork as "informational materials". Thanks to Congressman Howard Berman, most art imports remain duty-free. Meanwhile, the UK has imposed a 5% import VAT and customs delay on artworks. Consequently, Old Master sales have shifted from London to Paris. Read more>

Sale of $32 Million Klimt Portrait Falls Through

ART NEWS

The record-breaking $32 million sale of Gustav Klimt’s Portrait of Fräulein Lieser has collapsed after a planned restitution settlement addressing the painting’s incomplete provenance fell through. The anonymous Hong Kong buyer withdrew from the purchase after setting an Austrian auction record in April. Read more>

Report Alert: BofA Report Points to Cautious Optimism

BANK OF AMERICA



In spite of a significant downturn in 2024, and ongoing market uncertainty from the threatened trade war, there is some reason for optimism in the art market for 2025. Buyers are expected to remain cautious, but supply is beginning to loosen, and the market continues to broaden into new areas. Read more>

Sotheby's Contemporary Sales Hit $186.1 Million

ARTNET

Sotheby's evening auctions totaled $186.1 million, exceeding estimates but down from last year's $234.6 million. Highlights included single-owner sales from Barbara Gladstone and Daniella Luxemourg. Basquiat's Untitled (1981) led the main sale at $16.4 million, but a Giacometti bust estimated to sell at $70 million failed to move. Read more>

Saunders Collection Sets Old Masters Record

THE ART NEWSPAPER

Sotheby's sale of the J.E. Safra-owned Saunders collection totaled $51.8 million, below its $62.6 million low estimate. Despite its shortfall, it set a new record for an Old Masters auction at Sotheby's. The top lot, Rubens's Portrait of a Man as the God Mars, fetched $26.2 million. Some lots went unsold, reflecting ongoing selectivity in the Old Masters market. Read more>

Digital Repatriation and Cultural Heritage

THE HERITAGE MANAGEMENT ORGANIZATION

Digital repatriation – the practice of returning digital copies of cultural heritage objects in place of the originals – has emerged as a new trend in heritage preservation and promotion. While providing new opportunities for innovation, digital copies alone are a poor substitute for original objects, and additional effort is required to ensure they aren’t used as a cop-out. Read more>

Whitney Museum Faces Censorship Accusations

HYPERALLERGIC

The Whitney Museum of American Art has been accused of censorship after canceling a pro-Palestine performance by its Independent Study Program artists, citing "exclusionary" content. Artists and curators denounced the move as censorship and betrayal of the program's mission. In protest, participants withdrew pieces and canceled a related symposium. Read more>

Museum of Survivors Opens at Schindler's Factory Site

NPR

A new museum has opened at Oscar Schindler's former factory in Brnenec, Czech Republic, honoring the 1,200 Jews he saved. The Museum of Survivors features exhibits on Schindler, his wife Emilie, the Low-Beer family, and survivor testimonies. A glass wall divides restored and ruined sections, linking the past and present. Read more>

Meet the Artist

CAMILLE CHIANG

Camille Chiang is a contemporary artist born and raised in Hong Kong and now residing in San Francisco. She focuses on capturing the complex emotions of human behavior through a compelling series of mixed-media portraits. Holding a degree in psychology from the University of San Francisco, Chiang merges her "university psychology courses" with her "ongoing exploration of our lives through paint" by producing pieces which ooze both emotion and personality. Learn more>

Please note that some articles listed may be subject to a paywall.

Was this email forwarded to you? Subscribe here.