Category Archives: United States

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 […]

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 […]