Category Archives: Legislation

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 […]

A feat of Endurance: lost vessel of explorer Sir Ernest Shackleton found 107 years after sinking

Posted on: March 24, 2022 by Paul Stevenson

Media outlets last week revealed that scientists had found the wreck of Endurance more than a century after she sank in the Weddell Sea, a find many had claimed to be impossible. The find has been hailed by marine archaeologists around the world. The BBC reports that Mensun Bound, a member of the expedition team, […]

Court orders Crimean Treasures returned to Ukrainian State

Posted on: October 28, 2021 by Emilie Huisman-van Essen

The Amsterdam Court of Appeal delivered its final decision this week in the much-debated case about the golden treasures that have been in the possession of the Allard Pierson Museum (left) in the Netherlands since 2014. Both the lending Crimean Museums and the Ukrainian State have been demanding the return of the objects following the […]

Do statues need protecting? Government set to propose new measures

Posted on: January 18, 2021 by Rebecca Hawkes-Reynolds

Yesterday,  Sunday, 17 January 2021, the Communities Secretary Robert Jenrick announced his plans to introduce new legal protections for historic statues and plaques which will be presented to Parliament imminently. The aim of these new measures is for any change to such monuments to go through a system of approval, whether through listed building consent […]

U.S. Supreme Court declines to review 5Pointz ruling

Posted on: November 13, 2020 by Stephanie Drawdy

The 5Pointz case has now been confirmed as viable authority in favor of artists’ rights in the United States. In early October, the U.S. Supreme Court declined to hear the petition for certiorari filed by developers Gerald Wolkoff and several of his real estate entities, thereby eliminating the last appellate hope the developers had to […]

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 […]

UK Ivory Ban: End to the lawsuit but Ivory Act is not enforceable just yet

Posted on: September 25, 2020 by Georgiana Stables

The IAL blog has avidly followed the debate surrounding the UK’s position on the trade of ivory artefacts over the last two years, see June 2020 Update, November 2019 Update, July 2019 Update, May 2018 Update, April 2018 Update, January 2018 Update. The latest development has seen the Supreme Court denying the request to appeal made […]

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 […]

‘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 […]