Category Archives: Legislation

“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 […]

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 […]

Is the Titanic struggle over?

Posted on: January 28, 2020 by Paul Stevenson

Everyone knows that the wreck of RMS Titanic is special. Media reports have confirmed as much over the past week, which has seen reports about the wreck site and a bespoke international compact relating to the ill-fated vessel make headlines. As media reports have confirmed, a treaty negotiated in 2003 (Agreement Concerning the Shipwrecked Vessel […]

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 […]

Combatting Money Laundering in the Art Trade: Changes for Europe and the UK

Posted on: January 10, 2020 by Julia Rodrigues Casella Hommes

Important changes are imminent for the art market as the 5th EU Anti-Money Laundering Directive enters into force in the UK this Friday, the 10th of January 2020. The directive has been hurriedly transposed into UK law through the Money Laundering and Terrorist Financing (Amendment) Regulations 2019, which were laid before Parliament on the 20th […]