As we leave behind the festive season, the latest issue of Art Antiquity & Law has just been released in time for you to start the new year with the latest in-depth analyses from the world of art and cultural heritage law.
Adam Jomeen writes about street photography and compares the legal treatments afforded to this art form both in the United States (with a focus on New York) and France. He compares the strict respect for rights to privacy and personality (droit à l’image) under French law to the almost ‘anything goes’ legal framework in New York, where there is significant freedom not only to take images of individuals in public spaces but also to use and publish them as works of art. The author offers an analysis of recent case law on this topic in both jurisdictions. Given the strict approach traditionally applied in France, there are surprising outcomes in French law arising from taking artistic freedom of expression into consideration.
Marta Suárez-Mansilla discusses the law applicable to treasure in Spain and provides a detailed overview of the legal framework. As with so many areas of art law, the quest to find a balance between private property rights and the public interest in the preservation of cultural heritage is a continuous challenge. The author also gives an account of fascinating recent cases involving an ancient Roman amphora full of coins and a massive mosaic with a surface area of almost 300 square metres.
Moving on to another EU country, Silvan Bennett-Schaar looks at the new German cultural property legislation (Kulturgutschutzgesetz – KGSG) and the changes it will introduce. Topics covered include export controls as well as the offences relating to the illegal placing of cultural objects in the market.
The financialization of the art market is discussed by Oliver Lenaerts, who considers the legal issues facing those involved in buying art as an investment in Belgium. He analyses how general financial disclosure laws can be applied to the art market and considers the level of protection they afford. An interesting overview is provided of the legal consequences which ensue from the classification of art as a financial asset.
Last but not least, Charlotte Dunn provides us with a case note on a recent authenticity dispute: Hearn v. McLeod and Maslak-McLeod Gallery Inc, which she briefly introduced in a previous blog post. This fascinating case looked at the rules applicable to a sale by description in Canada and the judgment casts light on the question of how and when the provision of a valid provenance statement might be considered a legally binding contractual term.
This issue of Art Antiquity & Law is available now for our subscribers in print and online, through HeinOnline. Click here to subscribe. Additionally, individual articles of previous issues can be purchased in digital format here. Lastly, in case you are interested in submitting an article for consideration for publication, our guidelines and vetting procedures can be accessed here.