Glance at Culture - The $50 Million Art Swindle

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 the moon
9:40 lessons from Holocaust-era restitution cases like Cassirer v. Thyssen-Bornemisza Collection Foundation
12:30 For All Moonkind
13:30 International Symposium on Cultural Heritage in War and Peace: Tangible and Intangible Cultural Heritage through Past, Present and Future
16:45 Sungaila’s proposed framework to create space cultural heritage commission
22:45 The Artemis Accords
24:50 Italian Opera added to UNESCO intangible cultural heritage list
25:15 treaty requiring registration of space objects
25:35 For All Moonkind’s moon registry
26:10 One Small Step To Protect Human Heritage in Space Act
27:40 Sungaila’s projection
29:30 Dubai space court
31:25 urgency of space cultural heritage preservation
32:40 definition of justice
35:40 9th Cir's 9 Jan 2024 opinion in Cassirer and the question of ethics and law
39:45 Mismatch between domestic law and international obligations
42:10 Institute on Space Law and Ethics
44:00 issues related to satellites, drones, air taxis

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 supporting the podcast, please visit Warfare's Patreon page.

To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at stephanie@warfareofartandlaw.com.

Thanks so much for listening!

© Stephanie Drawdy [2024]

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 Artistic Freedom Initiative (AFI)
3:45 genesis and mission of AFI
5:00 AFI’s services
8:00 AFI’s residency program
9:00 AFI’s Artists for Social Change
9:45 challenges to helping artists
13:00 AFI’s creation of a sponsorship model
13:30 AFI’s program in Germany
15:00 determination of artists in imminent danger
16:20 assistance for female artists
18:20 university placements for female artists
18:40 the New School’s fellowships for Afghan artists at risk
19:00 Germany’s program for artists at risk
21:00 Journals of Exile at the Berliner Ensemble
22:10 programs through AFI’s Artists For Social Change
23:45 Brazilian Singer Songwriter Bia Ferreira
25:20 AFI’s Afghan Artists Protection Project & Iranian Artists Support Project
27:00 challenges of single intent visas like student visas and O-1 visas
28:30 denial of entry based on immigration intent for Afghan versus Iranian artists 
30:00 applications from Myanmar, Egypt, Nicaragua, India and particular Kashmir
31:00 impact of prior and upcoming elections 
31:30 Poland shifted back to center left with loss of Law and Justice (PiS) party
31:50 Slovakia’s election of Robert Fico with agenda similar to Hungary’s Viktor Orbán
32:00 Slovenia’s election of liberal Robert Golob
32:10 Brazil’s election of leftist former president, defeating Pres. Jair Bolsonaro
32:15 Indian PM Narendra Modi’s Hindu Nationalist Party projected to win 
32:30 elections in Italy and the Netherlands
32:45 new and different threats to cultural sectors globally
33:00 AfI’s Artistic Freedom Monitor - initial reports on Poland and Hungary
36:00 regimes replaced museum/cultural institution heads with right wing politicians
36:00 Curation of shows under those regimes would conform to nationalist ideals
37:25  defunding anti-regime institutions or anti-Catholic in Poland 
37:50 intimidation of non-conforming artists
38:10 Poland’s use of blasphemy law to criminally charge non-conforming artists
38:00 chilling effect of such subversive mechanisms 
39:15 AFI’s position that arts decisions should be merits-based and non-ideological   
39:30 response to Artistic Freedom Monitor’s reports
40:00 erroneous belief that arts are inconsequential in public & political dialogue 
41:35 elevation of AFI’s advocacy efforts to an international forum 
44:00 collaboration to lobby for artistic and creative freedom
45:00 impact of artificial intelligence 
47:50 legacy of his work
49:50 how his notion of justice has evolved

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 supporting the podcast, please visit Warfare's Patreon page.

To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at stephanie@warfareofartandlaw.com.

Thanks so much for listening!

© Stephanie Drawdy [2024]

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’s alias as Countess Suchodolska
13:30 2018 - Dr. Joanna Sliwa began work with Dr. White to research Mehlberg's memoir
15:00 reading from The Counterfeit Countess
20:00 balance of co-authoring The Counterfeit Countess
22:20 research process
24:00 surprises from the research 
27:45 Countess Karolina Lanckorońska
30:30 Saturnina Malm
33:30 Dr. Stefania Perzanowska 
35:00 view of women’s roles during war and instances of persecution 
38:00 empathic approach of Mehlberg as a model for today
42:00 propoganda
46:00 individual ways to address hate
49:00 justice
51:45 legacy
54:30 Sliwa’s focus on marginalized groups, including future volume on experiences of older jews before, during and after the Holocaust  

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 supporting the podcast, please visit Warfare's Patreon page.

To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at stephanie@warfareofartandlaw.com.

Thanks so much for listening!

© Stephanie Drawdy [2024]

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 campaigns
9:20 Approaches by EU and UK
11:20 Influencer marketing
14:35 EU Directive
30:10 Italian approach 
33:00 liability under Italian case law and consumer code
35:30 historical events that caused Gallo’s choice on research and thesis
37:00 Emily Gould
38:20 Alan Robertshaw 
43:15 risks and contractual issue with fees
46:20 Gould
47:45 Gallo on InstaGram disclosure 

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 supporting the podcast, please visit Warfare's Patreon page.

To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at stephanie@warfareofartandlaw.com.

Thanks so much for listening!

© Stephanie Drawdy [2024]

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 portraits by Marina Sochenko
16:50 Yulia Ovcharenko
17:45 Tatyana Cheprasova
18:20 Cheprasova’s use of Caravaggio 
19:00 Oleksandr Ivanovych Melnyk’s “I Can See Your Deeds”
19:45 Melnyk’s “I Can See Your Deeds”
20:25 French anthropologist Marc Augé - ‘anthropology of encounter’
21:15 Marina Sochenko’s art as documentation
21:55 Artistic Hundreds group
22:15 Artist Ivan Semesyuk with Artistic Hundreds
26:15 Kandinsky quote that artists are receivers and beneficiaries
28:15 Maidan art and a new world order
33:45 NATO
36:45 Maidan revolution and the current war
41:00 memory of identify and identity war
42:05 author Andrey Kurkov’s move to Ukraine to have the identity of Ukrainians
43:25 significant of preserving art and cultural heritage in times of conflict
47:00 his legacy 
49:50 his definition of justice
51:15 the constitution of Melfi by Emperor Frederick II
53:15 link between Russian-Ukraine War and Maidan Revolution
58:45 next projects focused on conflict in society
1:00:30 anthropological identity work tied to art and cultural heritage
1:02:30 artist seen as enemy

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 supporting the podcast, please visit Warfare's Patreon page.

To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at stephanie@warfareofartandlaw.com.

Thanks so much for listening!

© Stephanie Drawdy [2024]

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 supporting the podcast, please visit Warfare's Patreon page.

To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at stephanie@warfareofartandlaw.com.

Thanks so much for listening!

© Stephanie Drawdy [2024]

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 input compared with and AI users’ input

14:00 Newhoff’s comments to USCO’s NOI and Request for Comments

17:20 compulsory licensing scheme

18:50 RightsClick

25:45 USCO’s focus on how a work was created (by AI or human) versus leaving that to courts

25:55 feedback on his comments to USCO

32:00 AI copyright lawsuits in the US

36:25 liability for AI training data

40:45 Emily Gould: whether training involves making copies, EU exception for copies

43:00 whether US copyright is still fit for purpose in light of issues raised by AI

44:20 work “in the style of” 

48:40 Deborah Roberts vs Lynthia Edwards - suit over collage works

52:30 Alan Robertshaw: threshold of infringing work versus transformative work

54:50 why use AI to create artwork

56:45 NFT hype

57:35 the legacy Newhoff hopes to be creating 

58:50 Newhoff’s view of justice 

1:01:00 status of Allen v. Cooper and Allen’s pending constitutional takings claim

1:04:00 camouflage patents

1:05:20 change from allowing IP claims against states to decision that Congress does not have that authority and 11th Amendment’s restriction of individuals bringing suit against states controlled 

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 supporting the podcast, please visit Warfare's Patreon page.

To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at stephanie@warfareofartandlaw.com.

Thanks so much for listening!

© Stephanie Drawdy [2024]

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

1:45 Munn’s background

2:50 history of Holocaust-related dialogue with Dan Bar-On

4:00 Children of the Third Reich

4:20 Austrian dialogue group 

4:35 Ghosts of the Third Reich

6:00 second group, The Encounter 

7:45 Dan Bar-On’s book Fear and Hope

12:00 examples from dialogue groups

17:15 Munn’s initial motivation to start dialogue group - emotional responsibility 

24:40 Munn’s dialogue work in Northern Ireland

27:25 dialogue work with descendants of displaced indigenous peoples

28:50 preparation for dialogue group facilitators 

32:20 screening individuals for dialogue groups

33:45 Israeli, Polish and German citizenship

44:30 Jacob Mącznik’s work 

1:00:00 Van Ham auctionhouse

1:06:00 Parisian archive research

1:11:00 Munn’s research of other artists from the Paris School

1:12:30 female artists from the Paris School

1:14:30 Mącznik catalogue raisonne

1:17:00 legacy that Munn is working to create

1:19:30 justice

1:22:30 Israeli PM Netanyahu

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 supporting the podcast, please visit Warfare's Patreon page.

To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at stephanie@warfareofartandlaw.com.

Thanks so much for listening!

© Stephanie Drawdy [2024]

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 Warhol decision

9:00 Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994)

10:20 confusion of fair use analysis and court’s aesthetic analysis

12:00 USCO NOI’s Question about fair use 

13:00 Robertshaw - UK’s fair dealing analysis

15:50 Gould - big players like Getty 

17:45 text and data mining exception

20:10 Drawdy - private contracting as a solution

21:00 Robertshaw - Getty

22:15 Khajekian - conceptual art

25:55 Warhol’s 2 Cir decision 

26:50 Gould & Khajekian - Richard Prince decision held not fair use

27:20 Khajekian - equity issue

28:40 Gould - UK courts’ emphasis on purpose, e.g., Stormtrooper helmet case 

30:30 Drawdy - amount and substantiality of use

31:10 Gould - Australian case about Men at Work’s use of folk song Kookaburra in its pop song Down Under

32:20 Robershaw - dispute over Vanilla Ice’s Ice Ice Baby

33:00 Ed Sheeran  

34:15 Getty case pending in UK

35:00 Khajekian - international versus US issues 

37:30 Robershaw - test that contemplates level of effort or end result regarding AI output

40:30 Gould - risks involved with AI

40:50 EU’s application-based approach 

41:10 AI for medical applications

41:55 detecting forgeries will still require humans, e.g., conflicting AI results regarding Raphael

42:50  implicit bias in AI

43:15 dogs detecting forgeries 

43:40 chickens detecting shapes

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 supporting the podcast, please visit Warfare's Patreon page.

To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at stephanie@warfareofartandlaw.com.

Thanks so much for listening!

© Stephanie Drawdy [2024]

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 National Association of Women in Construction

7:50 Justice for unknown female artists

11:15 Museum’s mission related to blind and low-vision visitors

13:45 Sculpture Robin Antar’s limestone sculpture of Szabo’s “Red Sunset”

15:20 Legacy to be created with MSeum includes redefining storage

16:45 Visible storage space

18:30 Julia Szabo’s parents

19:45 ‘Mother Artist’ field of scholarship

20:00 Author Hettie Judah

21:20 Reception for Martha Szabo’s exhibition Up On the Roof

22:10 Artist Christina Massey

23:20 Museum’s director Kathleen Hulser

24:30 “Up On the Roof” exhibition curated by Hulser

26:00 “Incorrigibles” trans media project

27:45 MSeum’s creation and mission

34:15 Hulser’s scope a MuSeum

36:45 Martha Szabo’s background and how it impacted her work 

43:15 Feedback about Martha Szabo’s solo exhibition Up On The Roof: Liberation, Transformation, Celebration

49:35 MSeum and exhibitions like “Up On The Roof” role in bringing some historical justice for female creatives

52:10 David Richard Gallery

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 supporting the podcast, please visit Warfare's Patreon page.

To leave questions or comments about this or other episodes of the podcast and/or for information about joining the 2ND Saturday discussion on art, culture and justice, please message me at stephanie@warfareofartandlaw.com.

Thanks so much for listening!

© Stephanie Drawdy [2024]