Category Archives: United States

New Art Antiquity and Law Issue Released

Posted on: May 15, 2020 by Charlotte Dunn

The most recent issue of Art Antiquity and Law is now available and, since we all have a little extra time on our hands lately, you can find articles, case notes and book reviews in our journal to help fill those spare hours with fascinating reading. Evelien Campfens gives a detailed exposition of the methods for […]

Multi-million dollar collection remains with the Netherlands after heirs lose U.S. and Dutch claims

Posted on: May 13, 2020 by Stephanie Drawdy

Updated: May 27, 2020 Efforts to recover an art collection sold in the Netherlands during Nazi reign have met with a fruitless end – yet again. A U.S. District Court recently decided that the sale of the collection constituted a “genocidal taking” involving duress in violation of international law. However, the alleged heir to the […]

Recent US court case sheds light on copyright law and tattoos

Posted on: May 8, 2020 by Charlotte Dunn

In a recent US judgment, the court addressed the tricky topic of copyright and tattoos. This is an area in which many uncertainties and questions arise. Are tattoos copyright works? If so, who owns that copyright? How does copyright impact the tattooed individual’s ability to publicise their likeness and express themselves freely? The case in […]

The recent rise of the virtual museum experience

Posted on: April 21, 2020 by Charlotte Dunn

As discussed in two previous IAL blog posts (here and here), the current outbreak of Coronavirus has had a substantial impact on the art world. One of the more positive sides to the story is how the present restrictions in movement have encouraged museums and galleries to scale up their presence online, giving individuals the […]

Application of HEAR Act brought into question by U.S. Supreme Court’s refusal to review Picasso restitution case

Posted on: April 17, 2020 by Stephanie Drawdy

The U.S. Supreme Court seemed inclined to fold its arms and look out the proverbial window when it recently refused to review a case that time-barred a restitution claim over a Picasso sold in late 1930s Europe. By its refusal, America’s highest court has raised questions over the application of the Holocaust Expropriated Art Recovery […]

Lessons in Collecting from the Museum of the Bible

Posted on: April 14, 2020 by Charlotte Dunn

The Museum of the Bible has been a site of continual controversy since its opening in November 2017. The issues it has faced range from alleged thefts and forgeries to the illicit trade in antiquities. More than anything else, the Museum’s difficulties have demonstrated the importance of careful provenance research before acquiring artefacts for a […]

Corporate Misappropriation of Urban Art: The Legal Landscape in the U.S.

Posted on: March 31, 2020 by Stephanie Drawdy

Does an advertisement that shows street art without the artist’s permission infringe the artist’s rights? Does it matter if the art was painted on a building with the property owner’s permission? Would the answer change if the mural is on a building that is visible to the public? The unfortunate answer to each of these […]

5Pointz appeal marks quantum shift in U.S. copyright law

Posted on: March 18, 2020 by Stephanie Drawdy

The appeal of a multi-million dollar award in favor of a group of artists that made headlines in 2018 was recently decided by a U.S. appeals court. The question looming for the last two years in the precedential case known as 5Pointz: would a New York developer be required to pay over $6 million in […]

IAL in New York City – Event on international exhibitions

Posted on: March 11, 2020 by Alexander Herman

Bright lights, big city. On 27 February, the IAL partnered with the Art Law Committee and European Affairs Committee of the New York City Bar Association to present an event on international art exhibitions in New York. The proceedings ran in the Main Hall of the Bar’s neo-classical headquarters on West 44th Street in midtown […]

Renewed search for one of Spain’s “greatest treasure galleons”

Posted on: February 25, 2020 by Paul Stevenson

Media reports this month claim that almost four centuries after the ill-fated galleon Nuestra Señora del Juncal (“the Juncal”), a Spanish naval vessel, sank off the Mexican coast in a storm in October 1631, researchers from Mexico’s National Institute of Anthropology and History and Spain’s National Museum of Underwater Archaeology are to undertake a 10-day […]