Tag Archives: Alex Herman

Court decision on ‘technicality’ prevents claim over allegedly fake antiquity

Posted on: September 1, 2021 by Alexander Herman

On 9 August a decision came down from the High Court of England and Wales that imparts an important lesson about limitation periods and related timelines for the service of proceedings. The decision also reveals useful information about a particular dispute over allegedly fake antiquities, showing just what happens when negotiations between buyer and seller […]

UK to repeal import prohibition derived from EU law

Posted on: May 25, 2021 by Alexander Herman

The UK government last week began the process to repeal a prohibition on the import of cultural goods unlawfully removed from their country of origin. Seeing as this repeal could potentially damage the reputation of the UK’s art market, one expert body is urging the UK to take additional measures to minimise any risks associated […]

Copyright in America

Posted on: April 20, 2021 by Alexander Herman

Every so often, we take a peek at the copyright situation in the USA. There are many reasons for this. Stateside, art and copyright cases are more plentiful than in the UK (and much of the world), perhaps because there is more at stake financially or simply because the culture is more litigious. Additionally, the […]

Museum ethics: when the law plays catch up

Posted on: March 23, 2021 by Alexander Herman

Readers of this blog will know of our interest in a particular piece of EU law that came into effect throughout the EU territory on 28th December 2020. This predated the end of the Brexit Transition Period by three days and so applied to the UK as well, at least initially. The legislation was Regulation […]

Looking ahead to 2021

Posted on: January 5, 2021 by Alexander Herman

If 2020 taught us anything it’s that making predictions is a futile – perhaps perilous – exercise. Looking back at our predictions for 2020 from last January only confirms this. Who would have thought that a global pandemic would tear through the fabric of our cozy existence, all the while upsetting a number of accepted […]

UK government announces change to export licensing system

Posted on: December 22, 2020 by Alexander Herman

If the end of year is necessarily a busy time, this has only been accentuated by the chaos wreaked by the pandemic and, for those in the UK, the impending end of the Brexit transition period (which expires on 31 December). We can certainly say that the UK’s Department for Digital, Culture, Media and Sport […]

Macron, restitution and French bureaucracy

Posted on: December 17, 2020 by Alexander Herman

An interesting debate has taken place in France between its two chambers of Parliament: the Senate and the National Assembly. It has arisen in the context of a Bill presented at the National Assembly on 16 July to restitute to the countries of Benin and Senegal a total of 27 items held within French public […]

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 […]

French law will finally tackle (some) African restitutions

Posted on: July 21, 2020 by Alexander Herman

Last week, the legal review of a bill under consideration by the French government was released. Following President Macron’s statement on the restitution of artefacts to African countries in November 2017 and the release of the controversial Sarr Savoy Report the following year, this is the first we’ve heard about specific legislation on the topic. […]

In matters of export and art, the state always seems to have its way

Posted on: April 7, 2020 by Alexander Herman

When it comes to the export of works of art, the state always wins… or at least it can seem that way. The latest case to offer proof comes from the Court of Appeal of England and Wales in the matter of R (Simonis) v Arts Council England. Of course, matters of exporting cultural goods […]