Author Archives: Emily Gould

About Emily Gould

Emily Gould is Assistant Director of the Institute of Art and Law. She writes, teaches and presents on a range of areas pertaining to art and cultural heritage law including copyright, heritage crime, museum ethics and contracts.

Important UK Copyright Case on ‘Originality’ Standard

Posted on: January 23, 2024 by Emily Gould

A recent decision by the Court of Appeal in London, handed down in November 2023, has triggered a stream of comment and debate among scholars and art historians. The case of THJ v Sheridan does not, at first glance, appear to have much at all to do with the arts sector, involving, as it did, […]

NFTs in the spotlight again – this time from a UK Parliamentary Committee

Posted on: January 30, 2023 by Emily Gould

“A year of great change” was how IAL Director, Alexander Herman, described 2022 in the IAL blog’s customary review of the year. Change has certainly been no stranger to those invested in NFTs and other crypto markets over the past year or so, with prices fluctuating wildly and markets extremely volatile. The soaring prices of […]

Important High Court decision on authenticity and dealers’ responsibilities

Posted on: January 23, 2023 by Emily Gould

In an important decision handed down at the end of last year [1] the High Court upheld most of the claims brought by an eminent purchaser against a well-known antiquities dealer in relation to the (in)authenticity of the artefacts in question. It is rare that authenticity claims reach the courts, and when they have done […]

IAL members’ event in partnership with Sotheby’s – Protecting the UK’s heritage

Posted on: November 5, 2022 by Emily Gould

An event held on 24th October in the inspiring surroundings of Sotheby’s Mayfair premises provided members of the IAL and friends of Sotheby’s with a fascinating insight into the challenges and opportunities involved in caring for heritage in the 21st century UK. The seminar brought together representatives from the public and private sectors to discuss […]

Attacks on art and the law’s response: what fate awaits the Van Gogh soup throwers?

Posted on: October 17, 2022 by Emily Gould

Protests involving works of art and cultural property are nothing new. From the slashing of the Rokeby Venus in the National Gallery in 1914 to the defacing of a Rothko mural at Tate Modern almost a century later, those seeking to draw attention to a cause have long recognised the publicity value of attacks on […]

NFTs as ‘property’ – in art and law

Posted on: September 2, 2022 by Emily Gould

While some high profile artists have been somewhat underwhelmed by the NFT phenomenon, others have been much more eager to dip their toes into NFT waters. Undeterred by naysayers such as David Hockney, who in one interview, deemed NFTs as for ‘crooks and swindlers’, artists such as Damien Hirst have embraced the new technology. Hirst’s […]

Copyright cases in the spotlight

Posted on: July 1, 2022 by Emily Gould

Perhaps it’s my imagination, but the recent delivery of the IAL’s Diploma in Intellectual Property and Collections seems to have coincided with the emergence of a series of fascinating copyright cases. Each time I’ve planned to put pen to paper (or fingers to keyboard) to offer a few thoughts on one intriguing matter, another seems […]

UK’s Ivory Act 2018 finally in force

Posted on: June 16, 2022 by Emily Gould

It’s probably fair to say that not all of our predictions for 2022 in our traditional inaugural blog post of the year have yet come to fruition – or indeed, will do so before the year is out. On one topic, however, we called it right: that this year would finally see the UK’s Ivory […]

Philbrick sentenced to seven year jail term – a rogue bad apple or a pawn in an industry rotten to its core?

Posted on: June 1, 2022 by Emily Gould

Art dealer turned con-artist Inigo Philbrick was sentenced last week by a US District Court to seven years behind bars. Described as “a serial swindler who took advantage of the lack of transparency in the art market” Philbrick defrauded numerous art traders, lenders and investors out of a reported US $86 million in a series […]

NFTs as property: courts start to rein in the NFT ‘Wild West’

Posted on: May 11, 2022 by Emily Gould

The NFT space is commonly characterised as a ‘Wild West’, where anything goes and legal controls are minimal. A recent decision of the UK High Court suggests that the law’s lasso of control is at least starting to bring some order to the purported chaos. In a case involving the alleged theft of two NFTs […]