Category Archives: Legislation

‘Embarrassingly out of kilter’ law destroys 46,000-year-old Aboriginal sacred sites

Posted on: June 17, 2020 by Elizabeth Pearson

The destruction of 46,000-year-old sacred Aboriginal rock shelters in Western Australia has prompted a national inquiry and calls for urgent reform of Indigenous cultural heritage law. During a mine expansion project, Rio Tinto detonated explosives in the Juukan Gorge in May, destroying two deep cave sites of the Puutu Kunti Kurrama and Pinikura People (PKKP). […]

5Pointz case stayed pending petition to U.S. Supreme Court

Posted on: June 12, 2020 by Stephanie Drawdy

A nearly seven-year long legal battle over the rights of aerosol artists that played out before the New York courts and resulted in a $6.75 million judgment in favor of the artists has taken yet another turn. In 2018, a ground-breaking judgment was handed down against a group of New York developers for willful removal […]

A final judgment? Court of Appeal rules in favour of the Ivory Act 2018

Posted on: June 5, 2020 by Charlotte Dunn

We have been following the debate over the UK’s position on ivory on the IAL blog over the past few years. The latest development has seen the Court of Appeal uphold the decision of the High Court, finding the Ivory Act 2018 to be lawful. What does this mean for the future of the ivory […]

What is a listed building? The Supreme Court provides clarity

Posted on: June 4, 2020 by Rebecca Reynolds

The IAL has been closely following the case of Mr Dill and the two lead urns in its passage through the courts over the past two years. Mr Dill sold the urns in 2009 without knowing that they were individually listed and therefore their removal required listed building consent. Having lost at the High Court […]

Iconic Titanic Marconi telegraph subject of key judgment

Posted on: May 28, 2020 by Paul Stevenson

Readers will recall the lore surrounding Titanic’s Marconi wireless operators, Jack Phillips and Harold Bride, who, it is said, famously stayed at their post sending distress messages whilst the Atlantic Ocean lapped at their feet. There has been conflicting and contradictory information about the demise of Phillips and Bride. Bride survived but it is almost […]

“Thinking without a bannister”: reflections on the Court of Appeal ruling on the Airports National Policy Statement Designation

Posted on: May 20, 2020 by Pamela Campion

In these extraordinary times of the Covid-19 pandemic, the ascendant market-oriented ideologies of the last five decades have been placed on lock down. We are all being forced to think about the society we live in and which outcomes should be prioritised. How do we balance the health of citizens against the growth of the […]

Recent US court case sheds light on copyright law and tattoos

Posted on: May 8, 2020 by Charlotte Dunn

In a recent US judgment, the court addressed the tricky topic of copyright and tattoos. This is an area in which many uncertainties and questions arise. Are tattoos copyright works? If so, who owns that copyright? How does copyright impact the tattooed individual’s ability to publicise their likeness and express themselves freely? The case in […]

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 […]

Renewed search for one of Spain’s “greatest treasure galleons”

Posted on: February 25, 2020 by Paul Stevenson

Media reports this month claim that almost four centuries after the ill-fated galleon Nuestra Señora del Juncal (“the Juncal”), a Spanish naval vessel, sank off the Mexican coast in a storm in October 1631, researchers from Mexico’s National Institute of Anthropology and History and Spain’s National Museum of Underwater Archaeology are to undertake a 10-day […]

Heated U.S. restitution suit continues over long-lost Modigliani valued at approximately $30 million

Posted on: February 21, 2020 by Stephanie Drawdy

Pit a billionaire art collector against a French farmer, add in a mysterious offshore company and a Modernist painting confiscated by the Nazis and missing for over a half-century and – voilà – you have the makings of a highly contentious lawsuit. Those are the facts swirling in an ongoing case involving Seated Man With […]