Category Archives: Dispute resolution

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 […]

Recent case of ‘stolen’ Turing memorabilia highlights the complexities of the law of title

Posted on: February 13, 2020 by Charlotte Dunn

An intriguing series of events has led the US Government to commence court action over a collection of objects associated with Alan Turing, the British mathematician. Alan Turing is famous for his involvement in breaking the German Enigma code during WW2 and for his contribution to the field of computer science. This case raises questions […]

Interesting times for copyright law in the UK

Posted on: February 11, 2020 by Emily Gould

At 11pm on 31st January 2020, the UK left the European Union. That much is clear. Far less certain at this stage, is the effect this will have on a number of areas of law, not least the law of copyright. We have known for some time that certain specific rights which depend on European-wide […]

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 […]

US Restitution Suit Allowed to Proceed Against the Netherlands and Dutch Museums

Posted on: December 12, 2019 by Stephanie Drawdy

Towards the end of Second World War, Adolph Hitler received a birthday gift that likely made his heart swell with pride – a famous Rembrandt. The impact this gift had on a certain elderly woman interned in one of Hitler’s Dutch concentration camps is far more difficult to describe; the Old Master painting was her […]

Multi-million Dollar Award Under Appeal In Divisive 5Pointz Case

Posted on: November 28, 2019 by Stephanie Drawdy

Ninety days versus $6.75 million. That’s what the 5Pointz case currently on appeal in the US before the Second Circuit Court of Appeals boils down to. Twenty-one artists should have been given a ninety-day notice to remove their art from the façade of a real estate developer’s property before he whitewashed the works, according to the […]

“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.  […]