Azmina Jasani

Azmina is a senior associate in the Art and Cultural Property Law Group of Constantine Cannon LLP and concentrates her practice on all aspects of art law.  She is dual qualified to practice law in New York and England & Wales, and has significant experience working with international collectors, large and small galleries, auction houses, professional advisers, dealers and financial institutions on contentious and non-contentious matters.

In 2018, Legal 500 ranked Azmina as a “Next Generation Lawyer” in the area of Art and Cultural Property Law, describing her as being “meticulous”, “client-oriented” and “well versed in both UK and US laws”. Also in 2018, Chambers and Partners ranked her as an “Associate to Watch” in the area of Art and Cultural Property Law, describing her as someone who “goes above her duty to make sure that the client is happy and understands all angles of the topic at hand” and who is “enthusias[tic]” about “being a lawyer and the field she works in”.

Azmina advises clients on the sale and purchase of important works of art bought and sold privately or at auction, on consigning works to auction houses and galleries, on using art as collateral for loans, on loaning artworks to museums or special exhibitions, on copyright and other intellectual property rights, and on operating an e-commerce business, particularly online-only auctions.  In addition to her transactional experience, she has substantial litigation experience in the area of copyright infringement, authenticity, title disputes, consignment disputes, general contract and complex commercial disputes, including fraud and World War II restitution.

Prior to joining Constantine Cannon, Azmina spent four years as an associate in the New York office of Withers Bergman LLP, where her primary focus was art litigation.  While at Withers, Azmina successfully litigated a seminal case in the area of copyright infringement and the fair use defense in the United States, Cariou-v-Prince, Gagosian Gallery and Gagosian.  She also spent two years as an associate in the New York Office of Schulte Roth & Zabel LLP, where she advocated on behalf of corporate and hedge fund clients on matters relating to securities fraud and contractual disputes.

Azmina received her J.D. from the University of California, Berkeley School of Law (Boalt Hall), and her B.A., summa cum laude, from Queens College, City University of New York.

Azmina regularly publishes articles on http://www.artatlaw.com/.

Significant Representations

Successfully defended artist Claes Oldenburg against a frivolous claim of copyright infringement.

Successfully represented a private collector recoup his monies in an authenticity dispute with an auction house in relation to a work of art valued at approximately USD $5,000,000.

Acting for high end art collectors and international art galleries in the acquisitions and sale of art – in 2015 and 2016 the total value transacted was in excess of £200 million.

Cariou-v-Prince, Gagosian Gallery and Gagosian: Successfully defended Gagosian Gallery and Lawrence Gagosian in a landmark U.S. copyright infringement action relating to the question of fair use.  Helped persuade the United States Court of Appeals of the Second Circuit that 25 of the 30 secondary works at issue were protected as fair use, saving them from destruction under an injunction imposed by the lower court, and protecting the Gallery from claims of copyright infringement as well as a claim of vicarious and contributory infringement in relation to those works.

Successfully assisted Marlborough Gallery in estopping a fine art auction house from selling an inauthentic work of art that was wrongly attributed to artist Claudio Bravo, whose estate is represented by the Gallery.

Safflane Holdings Ltd. et al.-v-Gagosian Gallery, Inc.: Represented Gagosian Gallery in connection with a commercial dispute that arose as a result of Charles Cowles improper sale of a painting entitled “Innocent Eye Test” by Mark Tansey, which partially belonged to the Metropolitan Museum of Art.  Facilitated a complex settlement whereby all parties involved were made whole, and the painting was returned to the Met.

Cowles-v-Gagosian Gallery, Inc.: Represented Gagosian Gallery in connection with a consignment dispute involving a painting entitled “Girl in Mirror” by Roy Lichtenstein.  This dispute was settled.

Represented a prominent collector in a government investigation in connection with the sale of a painting by artist Claude Monet.  The government investigation was not against our client, but against the sellers, and our client was simply assisting the government in its investigation.

Azmina Jasani's Publications & Speeches

Jun72018
U.S and the European approach to originality and copyright protection

Speaker; Authentication in Art, The Hague  (7 June 2018).

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Mar202018
The Art of Deaccessioning by Museums

Trust and Estates, Fifth Annual Special Report: Art, Auctions and Antiques, March 2018. Click here to read the article.

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Feb12018
Art Finance and Law

Guest Lecturer; LLM in Art, Business and Law Program at Queen Mary University of London Law School, February 2018.

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Jan12018
The Art of Lending

STEP JOURNAL, January 2018. Click here to read the article.

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Apr12017
The differences between the New York and London art markets from a legal perspective and what the future holds post Brexit and US elections

Speaker; Art Business Conference, New York, April 2017.

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Mar32017
Lending to Museums

Special Report: Art, Auctions & Antiques, Vol. 156 No., 3 March 2017. Click here to read the article.

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Mar12017
Free Agents?

Secret commissions and poorly defined relationships in art transactions pave the way for litigation, warn Pierre Valentin and Azmina Jasani Read Article

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Mar12017
Art, Auctions & Antiques: Lending to Museums

Public exhibitions thrive on the mutually beneficial relationship between private collectors and museums. For private collectors, lending artwork to museums confers numerous advantages. Read article...

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Feb12017
Free Agents? Secret commissions and poorly defined relationships in art transactions pave the way for litigation

RICS Property Journal, February 2017. Click here to read the article.

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Jan12017
Protecting the artist’s legacy

South Asian Art Market Report 2017. Click here to read the article.

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Sep12016
Small print, big issues

RICS, September 2016. Click here to read the article.

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Aug12016
Brexit and the British Art Market

WealthManagement.com, August 2016. Click here to read the article.

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Mar12016
Copyright & Fair Use

Guest Lecturer, Courtauld Institute Law Society, London, March 2016.

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Feb12016
Guest Speaker, Art & Law Seminar

National Museum, Delhi, India, February 2016.

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Oct12015
Consumer Rights Act 2015, New Consumer Remedies: Be Prepared

Antiques Trade Gazette, October 2015. Click here to read the article.

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Jun12015
Fair Use Under US Law: Experience of the Cariou v Prince Litigation

Speaker; Institute of Art and Law, London, June 2015.

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