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Copyright Law

: The Art Law Blog

"We reverse the trial court?s finding that the Georgia O?Keeffe Museum has standing"

By Intellectual Property Law, Esq.

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"We also reverse the trial court?s finding that the gifts to the University were motivated by a specific charitable intent instead of a general charitable intent, the finding that the University cannot establish that it is entitled to cy pres relief, and the order dismissing the Amended Petition of the University for cy pres relief. In furtherance of our decisions, we remand with instructions to strike all pleadings and motions filed by the O?Keeffe Museum, ... to dismiss the O?Keeffe Museum as a part to this action, to vacate all judgments entered in furtherance of the relief sought by the O?Keeffe Museum, including, without limitation, the trial court?s order entered March 6, 2008, and for further proceedings consistent with this opinion."

As the NYT reports, Fisk "must still win permission in a lower court to sell an interest in the collection." And as Lee Rosenbaum points out, they may have gotten the O'Keeffe Museum out of the way, but Tennessee Attorney General Robert Cooper still needs to be dealt with, and he is on record as strongly preferring a solution "that would allow the Stieglitz Collection to remain in Nashville on a full-time basis."

Full post as published by The Art Law Blog on July 16, 2009 (boomark / email).