Category Archives: United States

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 […]

Andy Warhol decision at US Supreme Court: a whimper, not a bang

Posted on: May 22, 2023 by Alexander Herman

Pity the Andy Warhol Foundation. Not only did the Foundation have to close its associated authentication board in 2012, but now it has lost what was probably the most high-profile artistic copyright lawsuit of a generation. Although Warhol’s artworks and his brand continue to enjoy high levels of popularity and financial success, the Foundation has […]

Export deferred Portrait of Mai to be co-purchased by NPG and Getty

Posted on: April 3, 2023 by Alexander Herman

An incredible piece of news dropped on the rather inauspicious time of Friday afternoon. This was the announcement of a plan by the National Portrait Gallery in London (NPG) and the Getty Museum in Los Angeles to jointly acquire the famous ‘Portrait of Omai’ by Joshua Reynolds (left), a work that has been export deferred […]

The ups and downs of Turkish repatriation in New York

Posted on: March 24, 2023 by Alexander Herman

Alvin Bragg, the Manhattan District Attorney, is a busy man. Not only is he the one deciding whether to bring charges against former President Donald Trump, but he has also been occupied with repatriation events this week. Such handover ceremonies are of course only the final stage in longstanding investigations undertaken by the D.A.’s Antiquities […]

NAGPRA Revisions Offer Hope

Posted on: January 16, 2023 by Stephanie Drawdy

In Addressing Cultural and Historic Injustices Against Native Americans In the last days of 1890, U.S. cavalry silenced the voices of approximately 250 Lakota at South Dakota’s Wounded Knee Creek during a murderous attack on the group that included a majority of women and children; opportunists then thieved their makeshift graves. The human remains and sacred […]

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 […]

Dismissal of Heirs’ Claims for Guelph Treasure

Posted on: September 12, 2022 by Stephanie Drawdy

Heirs of German Jewish dealers who seek restitution of a collection of Christian reliquaries known as the Welfenschatz (or Guelph Treasure) have received a stinging dismissal of their suit from a Washington D.C. district court. The case made headlines in 2021 after it was remanded by the U.S. Supreme Court to the D.C. Circuit for […]

NY Law Calls For Museum Transparency About Nazi-Loot

Posted on: August 22, 2022 by Stephanie Drawdy

From the Adirondacks to the Lower East Side, New York museums face a new legal requirement for their collections – a measure of candor about objects traded during Hitler’s terror reign. On 10 August 2022, New York Governor Kathy Hochul signed a multi-faceted package of legislation “aimed at honoring and supporting Holocaust survivors”. Effective immediately, […]

Accessory charges brought against former Louvre Director

Posted on: June 10, 2022 by Alexander Herman

“I’m confident in saying there will be more seizures and more prosecutions arising out of this investigation…” Those were the words of Assistant District Attorney Matthew Bogdanos, speaking to Ben Lewis last year on the Art Bust podcast. He was referring to an antiquities trafficking ring he’d uncovered that had been dealing in artefacts smuggled […]