Category Archives: United States

Developments from the US-China Trade War and how the art market is affected

Posted on: September 19, 2019 by Julia Rodrigues Casella Hommes

In what at first glance seems like a distant topic for cultural heritage and art law, the ongoing trade war between the US and China has escalated further with clear implications for the art market and many other countries as well. We have previously covered this topic here and here, when last year the threat […]

New York Appellate Court Upholds Purpose of HEAR Act: Austrian Performer’s Heirs Found to Have Superior Right to Looted Schiele Works

Posted on: August 23, 2019 by Stephanie Drawdy

Fritz Grünbaum was a clear target for the Nazis. He was a Jewish law school graduate and decorated World War I veteran turned pacifist and an outspoken man of the arts with a platform as a Viennese cabaret performer. On the day Hitler invaded Vienna, he entertained nightclub guests as he groped onto a darkened […]

Posthumous Claims Over American Pop Artist Robert Indiana: Everything You Need To Know So Far

Posted on: July 31, 2019 by Stephanie Drawdy

In 1961, when he was in his thirties, American Pop Artist Robert Indiana stencilled a call for peace from Longfellow’s The Song of Hiawatha into his painting, The Calumet.  Regrettably, as Indiana was passing away last year at his home in Maine, his world was anything but peaceful. Indiana’s legacy and art had become entangled in […]

Just Released: Art Antiquity & Law July 2019 Issue

Posted on: July 23, 2019 by Julia Rodrigues Casella Hommes

Landing just in time to absorb you during the Summer holidays, the July 2019 issue of Art Antiquity & Law (Vol. XXIV, Issue 2) has been released in print and online. Subscriptions are available either as hardcopy only, digital only as well as digital + hardcopy packages and can be purchased directly through our website. […]

U.S. Court of Appeals Finds The Met is Rightful Owner of Picasso’s The Actor

Posted on: July 12, 2019 by Stephanie Drawdy

The great-grand niece of a Jewish couple from Cologne, the Leffmanns, has again received an adverse ruling in a New York federal case in which she seeks possession of a painting sold by the Leffmanns after Nazi-rule necessitated their departure from Germany. In its June 26, 2019 decision, the Second Circuit Court of Appeals upheld […]

From Mapplethorpe to Iowa, through New Hampshire and California: US rules on obscenity and nudity in art

Posted on: May 29, 2019 by Julia Rodrigues Casella Hommes

Even though there is currently an ongoing lawsuit in Iowa to determine what materials containing nudity prisoners should be granted access to, this is a debate that actually began much earlier. Our story begins in New Hampshire in 1942, when a ground-breaking precedent was set: the freedom of expression right granted by the constitution of […]

The incredible copyright legacy of Vivian Maier

Posted on: May 24, 2019 by Alexander Herman

For those who haven’t heard of her, Vivian Maier was a secret photographer. She lived and worked in Chicago throughout the 50s, 60s and 70s largely as a nanny in well-to-do suburbs. She had no close family of her own and died in 2009 with little fanfare. But she had spent most of her adult […]

Judicial review undertaken for HMS Victory salvage

Posted on: April 10, 2019 by Rebecca Reynolds

Treasure, bounty, pirates – these words conjure up romantic adventures in peoples’ minds, none the more so than when they relate to historically important wrecks. An example of this is the HMS Victory which sank in 1744 in the Channel on its way back from a mission to relieve British ships blocked in the River […]

The MET in the spotlight again: Due diligence dissected

Posted on: March 20, 2019 by Emily Gould

We reported late last year how busy the New York authorities have been in recent times in seizing and returning looted artefacts. The pattern has continued into the new year, with the widely reported return to the Egyptian Government of a first-century BC gilded coffin, acquired by the Metropolitan Museum of Art as the centre […]

Recent American Restitutions

Posted on: December 14, 2018 by Alexander Herman

American prosecutors have been busy of late. Not only has New York Assistant District Attorney Matthew Bogdanos been active over the past 18 months in seeking seizure and forfeiture orders for stolen or looted property, but the US Attorney’s office has been busy as well. Added to this is the favourable stance the US courts […]