Category Archives: Art Market

In matters of export and art, the state always seems to have its way

Posted on: April 7, 2020 by Alexander Herman

When it comes to the export of works of art, the state always wins… or at least it can seem that way. The latest case to offer proof comes from the Court of Appeal of England and Wales in the matter of R (Simonis) v Arts Council England. Of course, matters of exporting cultural goods […]

Coronavirus, art and contract

Posted on: April 3, 2020 by Geoffrey Bennett

The impact of the Coronavirus epidemic is likely to be felt for many years across a wide range of legal issues including employment, the supply of goods and services and even human rights. In the art world, major fairs in Asia and Europe have been cancelled at comparatively short notice, auctions postponed and major exhibitions […]

UK Guidance on Anti-Money Laundering released for the art market

Posted on: March 10, 2020 by Julia Rodrigues Casella Hommes

The highly anticipated guidance on implementing and complying with the new anti-money laundering rules for the art trade was finally released a few weeks ago. The lengthy document, which totals over 100 pages, was in fact prepared by the British Art Market Federation (BAMF), and has received formal approval by the HMRC. As such, it […]

New issue of Art Antiquity & Law available now

Posted on: January 16, 2020 by Julia Rodrigues Casella Hommes

As we leave behind the festive season, the latest issue of Art Antiquity & Law has just been released in time for you to start the new year with the latest in-depth analyses from the world of art and cultural heritage law. Adam Jomeen writes about street photography and compares the legal treatments afforded to […]

Combatting Money Laundering in the Art Trade: Changes for Europe and the UK

Posted on: January 10, 2020 by Julia Rodrigues Casella Hommes

Important changes are imminent for the art market as the 5th EU Anti-Money Laundering Directive enters into force in the UK this Friday, the 10th of January 2020. The directive has been hurriedly transposed into UK law through the Money Laundering and Terrorist Financing (Amendment) Regulations 2019, which were laid before Parliament on the 20th […]

Year in review: recap on 2019

Posted on: December 26, 2019 by Alexander Herman

If nothing else, the end of a calendar year offers the chance to step back and review the larger developments in a particular area or field. This is certainly true about the world of art and cultural heritage law where it can often be hard to see the forest for the trees. So many legal […]

By description? Canadian judgment complicates art contracts

Posted on: December 2, 2019 by Charlotte Dunn

Legal cases involving questions of authenticity, attribution and provenance are generally not easily determined. However, in a recent Canadian case, the Court of Appeal for Ontario applied contract law to tackle (or avoid) the issue. The case involved a painting, entitled Spirit Energy of Mother Earth, purportedly by the renowned First Nations artist, Norval Morrisseau. […]

“MAY RESULT IN LEGAL ACTION” ©TM : THE NEW BANKSY?

Posted on: November 21, 2019 by Adam Jomeen

Banksy’s well-known quip from 2005 that “Copyright is for losers ©TM” is perhaps more widely attributed than many of his artworks.  Disputes with an Italian museum and a UK greetings card company over the past year suggest a shift, however, in his historically laissez-faire attitude to the commercialisation of his work by unauthorised third parties.  […]

The debate continues… High court dismisses challenge to the Ivory Act 2018 but permission to appeal granted

Posted on: November 19, 2019 by Charlotte Dunn

As previously noted in the IAL blog, the recent challenge to the Ivory Act 2018 has continued an ongoing debate over the UK government’s decision to impose a stricter ban on the trade in elephant ivory. (See earlier reports here and here). On the 5th of November 2019, Mr Justice Jay handed down his High […]

Fraudulent art investment companies wound up by the High Court

Posted on: November 1, 2019 by Charlotte Dunn

Earlier this month, the High Court in Manchester wound up two companies which had received just under £1million from investors, between October 2018 and June 2019, as part of a fraudulent art investment scheme. The two companies involved were Gem Tobin Ltd, located in Cheshire, and Dionysus Design Services Ltd, located in York. The court’s […]