Category Archives: Legislation

U.S. Court of Appeals Finds The Met is Rightful Owner of Picasso’s The Actor

Posted on: July 12, 2019 by Stephanie Drawdy

The great-grand niece of a Jewish couple from Cologne, the Leffmanns, has again received an adverse ruling in a New York federal case in which she seeks possession of a painting sold by the Leffmanns after Nazi-rule necessitated their departure from Germany. In its June 26, 2019 decision, the Second Circuit Court of Appeals upheld […]

Changes to the Artist’s Resale Right regime in Italy

Posted on: July 10, 2019 by Eleonora Chielli

Eleonora Chielli is a partner at Chielli Law Firm, member of the Bar Association in Venice and lecturer in Art Law at Istituto Europeo di Design. The Guidelines issued on 1 February 2019 clarified the way in which SIAE (Società Italiana degli Autori ed Editori), the Italian equivalent to DACS, who is entitled to collect […]

News from the latest IAL Study Forum

Posted on: July 8, 2019 by Emily Gould

A fascinating day was enjoyed by all who braved London’s hottest day so far this year to attend IAL’s latest Study Forum held on 29th June. Topics ranged from the origins of modern copyright law to international laws on restitution to the treatment of human remains. Dr Elena Cooper (Leverhulme Early Career Fellow, CREATe) gave a […]

An afternoon of ‘Art on the Move’ at Maurice Turnor Gardner

Posted on: June 25, 2019 by Julia Rodrigues Casella Hommes

Last Wednesday, the Institute of Art & Law together with Maurice Turnor Gardner hosted a number of talks and panels on the topic of ‘art on the move’ and the legal issues involved from title and export controls to bailment and the impact of Brexit. Speaking to a packed room, MTG’s and IAL’s teams were […]

From Mapplethorpe to Iowa, through New Hampshire and California: US rules on obscenity and nudity in art

Posted on: May 29, 2019 by Julia Rodrigues Casella Hommes

Even though there is currently an ongoing lawsuit in Iowa to determine what materials containing nudity prisoners should be granted access to, this is a debate that actually began much earlier. Our story begins in New Hampshire in 1942, when a ground-breaking precedent was set: the freedom of expression right granted by the constitution of […]

Latest Art Antiquity & Law issue

Posted on: May 21, 2019 by Julia Rodrigues Casella Hommes

The brand new issue of IAL’s Art Antiquity & Law quarterly journal is hot off the press and is now available in print and online via the Hein portal. This year’s first issue brings an array of articles, conference reports and a book review. Maja Dehouck discusses the regulation of illicit trafficking of cultural property […]

Ownership of Nazi-Plundered Pissarro Goes to Spanish Foundation

Posted on: May 14, 2019 by Stephanie Drawdy

It’s a rainy winter day in Paris, 1897. A distinguished gentleman is standing at his easel with the curtains drawn, his eyes surveying the street below. As a painter myself, I like to imagine the excitement the Impressionist Master Camille Pissarro felt as he envisioned the composition of the scene that would become Rue Saint-Honoré, Après-midi, […]

Revising the definition of ‘treasure’

Posted on: May 1, 2019 by Geoffrey Bennett

Assiduous followers of the media, and possibly even those with no interest at all, may have noticed that Her Majesty’s Government has in recent months been slightly preoccupied with European legal perspectives. It therefore came as a welcome surprise that in February 2019 the Department for Digital, Culture, Media and Sport (DDCMS) announced a long-awaited […]

The EU’s parting gift to the UK art market?

Posted on: April 1, 2019 by Emily Gould

On 12th March 2019, just over two weeks before the original date set for the UK’s exit from the European Union, the European Parliament adopted the Regulation on the import of cultural goods, a rather sweeping measure designed to control the import into EU Member States of certain items of cultural property. The legislation is […]

Monetising the past – some thoughts on the sale of archaeological artefacts

Posted on: March 4, 2019 by Rebecca Reynolds

Laws and guidance notes are rarely retrospective as this would go against fairness and justice. As regards laws such as the Treasure Act 1996 and guidance notes dealing with human remains and archaeological excavation, however, many archaeologists, Anglo-Saxon specialists and museum curators probably wish that they could be. Hansons Auctioneers recently announced it would be […]