Category Archives: United States

U.S. Supreme Court declines to review 5Pointz ruling

Posted on: November 13, 2020 by Stephanie Drawdy

The 5Pointz case has now been confirmed as viable authority in favor of artists’ rights in the United States. In early October, the U.S. Supreme Court declined to hear the petition for certiorari filed by developers Gerald Wolkoff and several of his real estate entities, thereby eliminating the last appellate hope the developers had to […]

High Court orders London gallery to provide information about stolen Signac

Posted on: November 3, 2020 by Michael Bowmer

A Norwich Pharmacal order was recently made against a London gallery requiring it to disclose information concerning a painting which the claimant contended had been stolen from her. In doing so the court refused to accept the argument on behalf of the gallery that no order should be made on account of the custom and […]

Done right, selling museum pieces can work – but probably not with Michelangelos

Posted on: October 1, 2020 by Alexander Herman

This comment first appeared on The Art Newspaper website on 25 September 2020. It has been reproduced with the editorial staff’s kind permission. Is the Royal Academy of Arts (RA) going to sell its Michelangelo? It seems a preposterous proposition, but these are rather preposterous times. The idea, apparently floated by a handful of Royal […]

Guelph Treasure Appeal Pending in U.S. Supreme Court

Posted on: August 21, 2020 by Stephanie Drawdy

A collection of ecclesiastical art known as the Guelph Treasure (Welfenschatz) is at the center of a U.S. restitution claim brought by heirs of Holocaust victims who sold it during the Nazi reign, previously discussed here. Having held the highly valued collection for approximately six decades, Germany is unwilling to part with what it considers […]

Funding of the arts – meeting the sector’s needs in changing times

Posted on: July 6, 2020 by Charlotte Dunn

The UK culture sector woke up to some good news today, with a Government announcement of a ‘world-leading’ £1.57 billion rescue package, set to benefit thousands of organisations suffering the financial impact of the Covid-19 pandemic. The funding of arts organisations has never been more relevant. With world-famous cultural institutions, such as Shakespeare’s Globe Theatre, warning […]

Is Art Censorship on Social Media Leading Us To Tyranny?

Posted on: June 25, 2020 by Amy Werbel

In 2019, the Home Office Department for Digital, Culture, Media & Sport published a White Paper with a plan to oblige social media companies to expand their censorship efforts through the imposition of a new statutory duty of care. Noting that “99% of 12 to 15 year olds are online,” the White Paper suggested that […]

Fifty years on: the meaning of the 1970 UNESCO Convention

Posted on: June 18, 2020 by Alexander Herman

Amidst the sad turmoil (for some) and the uncertainty (for all) brought on by the pandemic and the resultant lockdown, it is perhaps more forgivable than usual to miss an important anniversary. I am referring here to the fact that 2020 marks 50 years since the adoption of the Convention on the Means of Prohibiting […]

5Pointz case stayed pending petition to U.S. Supreme Court

Posted on: June 12, 2020 by Stephanie Drawdy

A nearly seven-year long legal battle over the rights of aerosol artists that played out before the New York courts and resulted in a $6.75 million judgment in favor of the artists has taken yet another turn. In 2018, a ground-breaking judgment was handed down against a group of New York developers for willful removal […]

Measured Relaxation of AAMD Restrictions Provides Some Flexibility for US Museums Navigating COVID Impacts

Posted on: May 29, 2020 by Megan Noh

Approximately one month ago, the Association of American Museum Directors (AAMD) announced that its Board of Trustees had passed a series of resolutions relaxing certain restrictions on its member institutions. For a 24-month period, AAMD will not sanction or censure member institutions who, for general operating expenses, draw on the following sources: Income (but not […]

Iconic Titanic Marconi telegraph subject of key judgment

Posted on: May 28, 2020 by Paul Stevenson

Readers will recall the lore surrounding Titanic’s Marconi wireless operators, Jack Phillips and Harold Bride, who, it is said, famously stayed at their post sending distress messages whilst the Atlantic Ocean lapped at their feet. There has been conflicting and contradictory information about the demise of Phillips and Bride. Bride survived but it is almost […]