Category Archives: Legislation

Martyn’s Law Places New Requirements on Museums and Galleries

Posted on: July 3, 2023 by Lilian Palmer

On 2 May 2023, the government published the draft Terrorism (Protection of Premises) Bill, which outlines the requirements that venues and other organisations will need to meet in order to ensure public safety and preparedness in case of a terrorist attack. The Bill, also known as Martyn’s Law as a tribute to Martyn Hett, one […]

Changes to the Law of Treasure

Posted on: April 14, 2023 by Geoffrey Bennett

One might say that if the law of Treasure has slumbered throughout most of its long history it has now had a rude awakening. Its obscure origins in Anglo-Norman common law had nothing to do with preserving items of cultural interest and probably everything to do with a source of revenue for the Crown, albeit […]

In an increasingly tech-focussed art world, what does the Online Safety Bill mean for freedom of artistic expression?

Posted on: March 11, 2023 by Hugh Johnson-Gilbert

As the controversial Online Safety Bill (“OSB”) makes its way through the House of Lords, we consider what implications it might pose for the online art world. Introduced in March 2022, the stated purpose of the OSB is to ‘make the UK the safest place in the world to be online while defending free expression’. […]

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 (Qatar Investment & Projects Development Holding Co v John Eskenazi Ltd [2022] EWHC 3023 (Comm))[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. […]

Shedding light on an opaque market: The latest anti-money laundering guidance for the UK art market

Posted on: December 8, 2022 by Julia Rodrigues Casella Hommes

The latest guidance on the anti-money laundering (AML) regulations as they pertain to the UK art market has finally brought about some much-needed clarification on some aspects of the regulations that had remained up until now somewhat difficult to comprehend and, more importantly, apply to day to day business. There are many aspects of the […]

The perpetual copyright protection of Italian cultural heritage: bypassing the public domain

Posted on: December 2, 2022 by Chiara Gallo

In recent weeks, Botticelli’s Birth of Venus appeared on the headlines of some of the most important news outlets, due to the allegedly ‘unauthorised’ commercial use of the famous masterpiece. The fashion house Jean Paul Gaultier is facing a suit for damages that could exceed £88,000 (€100,000) brought by the Uffizi, the oldest Florentine museum, […]

Latest issue of our journal Art Antiquity and Law available now

Posted on: November 26, 2022 by Ruth Redmond-Cooper

The latest issue of Art Antiquity and Law has now been published and hard copies are being sent to subscribers and members, with the digital version available online to subscribers who have chosen this option. This issue contains a thought-provoking piece by Alexander Herman in which he points out that the recent Charities Act 2022 […]

A North Carolina Filmmaker Continues to Challenge State Sovereign Immunity

Posted on: October 28, 2022 by Gina McKIveen

For nearly two decades, Rick Allen, an experienced underwater videographer and professional photographer, documented the retrieval and recovery process of an 18th century pirate shipwreck off the coast of North Carolina. A dispute over the copyright in the works produced between Allen and the State of North Carolina (the “State”) is now approaching its tenth […]

The Treasures of Crimea: new documentary launching this Friday

Posted on: October 12, 2022 by Julia Rodrigues Casella Hommes

There is a fine balance between unbiased, objective reporting and the dissection of the emotional layers in a subject that is the mark of a great documentary. A new documentary on the epic tale of the Crimean Treasures in a Dutch museum and the ensuing legal disputes managed to strike this fine balance with perfect […]

Heirs of Jewish Collector win back the family’s Kandinsky

Posted on: October 9, 2022 by Julia Rodrigues Casella Hommes

A pioneer of abstract art in the early 20th century, Kandinsky is still making the headlines today because of a link between Holocaust-looted art and claims involving his works. The present case, in this regard, is no different. However, an important point of distinction about the present case that is worthy of note and close […]