Category Archives: Dispute resolution

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 […]

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 […]

IS A STORM BREWING IN THE BANKSY TRADE MARK TEACUP?

Posted on: October 7, 2020 by Adam Jomeen

Banksy hit the headlines last month when an EU trade mark featuring his iconic Flower Thrower graffiti was struck down by the EU’s Intellectual Property Office, reigniting claims that the Bristolian street artist is abusing trademark law to secure rights against third parties who commercialise his work without consent.  Whilst Banksy could in principle take […]

Guelph Treasure Appeal Pending in U.S. Supreme Court

Posted on: August 21, 2020 by Stephanie Drawdy

A collection of ecclesiastical art known as the Guelph Treasure (Welfenschatz) is at the center of a U.S. restitution claim brought by heirs of Holocaust victims who sold it during the Nazi reign, previously discussed here. Having held the highly valued collection for approximately six decades, Germany is unwilling to part with what it considers […]

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 […]