Category Archives: United States

Case note: de Csepel v. Republic of Hungary [2024] 2024 WL 4345811 (United States District Court, District of Columbia)

Posted on: November 11, 2024 by Livia Solaro

On 30 September, 2024, the US District Court for the District of Columbia issued the latest decision in the long running de Csepel restitution saga. After almost 15 years of litigation (or 25, if one considers the initial lawsuit filed in Hungary), the case has now been narrowed down to the recovery of one of […]

Deal or no Deal(ing): Report on copyright seminar with Howard Kennedy

Posted on: October 28, 2024 by Federica Monteleone

What happens when an artist incorporates third-party material into their work? What precautions should artists, dealers, galleries or museums take when creating, managing or selling such works? The seminar, Deal or No Dealing: Copyright and Fair Dealing/Fair Use in the Visual Arts, jointly hosted by the Institute of Art and Law and Howard Kennedy LLP […]

The Journey of the Frescoes from the Hermitage of San Baudelio de Berlanga (Spain) through Time

Posted on: May 28, 2024 by Andrea Martín Alacid

It was not until the end of the nineteenth century that Spain’s interest in its heritage began to awaken. A heritage that was ageing, reviled and unknown by many. Spain’s drive to protect its heritage at the beginning of the twentieth century resulted in extensive legislation on the safeguarding of historical heritage. Nevertheless, the regulatory […]

The ‘Getty Bronze’ at the European Court of Human Rights

Posted on: May 21, 2024 by Alexander Herman

The ‘Getty Bronze’ is in the news again. As though cursed, the ancient sculpture of the victorious youth has been contentious for years now, beginning not long after it was discovered by Italian fishermen in 1964. The statue was purchased by the Getty Trust in 1977 and put on display in Malibu the following year, […]

A Step Toward Fencing in Aberrant Artistic Appropriation

Posted on: February 19, 2024 by Molly Stech

On 25 January, 2024, the U.S. District Court for the Southern District of New York entered judgements against appropriation artist Richard Prince and his co‑defendants Laurence Gagosian, the Gagosian Gallery and Blum & Poe Gallery. The cases are Graham v. Prince et al (15 cv 10160) and McNatt v. Prince et al (16 cv 08896). […]

Steamboat Willie’s Mickey Mouse Has Entered the Public Domain: The End of a Copyrighted Era

Posted on: February 5, 2024 by Chiara Gallo

When the clock struck midnight on the first day of 2024, one of the most anticipated Public Domain Days was finally reached and the first iteration of Mickey Mouse was released into the public domain in the US. This meant that, after 95 years and several changes in the US copyright regime, the first ever […]

Pissarro Painting Sold Under Nazi Duress Awarded to Thyssen-Bornemisza Collection Foundation

Posted on: January 17, 2024 by Nicholas M. O'Donnell

The U.S. Court of Appeals for the 9th Circuit ruled on 9 January, 2024 that the Thyssen-Bornemisza Collection (TBC) Foundation in Madrid is the owner of Rue Saint–Honoré, après-midi, effet de pluie by Camille Pissarro, a painting sold by German Jew Lilly Cassirer under Nazi duress. After the Cassirer family prevailed in the Supreme Court in […]

2023 Year in Review

Posted on: December 21, 2023 by Alexander Herman

What can be said about art law in 2023? Of course, developments in our sector are often linked to trends in the wider world. This year saw the sad continuation of the war in Ukraine and an unprecedented conflict between Israel and Hamas that erupted after the terrorist attacks of 7 October. Azerbaijan has fully […]

Art Antiquity and Law – October Issue

Posted on: October 11, 2023 by Ruth Redmond-Cooper

The October issue of Art Antiquity and Law is now back from the printers and hard copies will be sent out to subscribers this week and online subscribers will be able to access it very soon. This issue contains articles on a range of topics starting with an analysis of the potential impact of climate […]

US Copyright Requirement for ‘Human Authorship’ Enforced in AI Test Case – But that “Bedrock” May Be Changing

Posted on: September 22, 2023 by Stephanie Drawdy

Neither the US Constitution nor the US Copyright Act mandates ‘human authorship’ for copyright. Yet, the US Copyright Office (USCO) has come out strong in its requirement of the human element, denying registration to computer-generated work on that basis and even winning summary judgment in a federal case related to one such denial. Why then […]