Tag Archives: alex

The gift vs. loan problem for museums

Posted on: August 14, 2015 by Alexander Herman

Having finished the IAL refresher course in Melbourne this week (with the full Diploma in Law and Collections Management course starting next Monday), it has become clear yet again the difficulties which museums face when dealing with certain objects in their collections. The difficulties stem from an uncertainty as to whether an object has been given (‘gifted’ or donated) to […]

No more personal copying… of artworks?

Posted on: July 21, 2015 by Alexander Herman

There was an interesting development last week in the area of copyright exceptions in the UK. A judge of the High Court quashed (i.e. nullified or rendered inoperable) the exception introduced by the Government last October through the Personal Copies for Private Use Regulations 2014. This is quite something. The courts, through judicial review, are overturning a governmental mechanism which had allowed […]

New development in Cassirer litigation in California

Posted on: July 17, 2015 by Alexander Herman

The dispute before the California courts between the Thyssen-Bornemisza Foundation and the descendants of Lily Cassirer Neubauer has now entered its second decade. Neubauer was forced to sell a painting by Pissarro before fleeing Germany in 1939 and her heirs now claim that it should be returned to them from the Spanish Foundation, the painting’s current possessor. The action brought […]

The Hugh Lane Collection: a hundred years on

Posted on: May 31, 2015 by Alexander Herman

The disputed collection that had once belonged to the great Irish dealer and collector Sir Hugh Lane has once again made the headlines. Lane died one hundred years ago this month on the Lusitania when the ship was sunk by German U-boats on its journey from New York to Liverpool. He had put together a fantastic art […]

The right of pre-emption and ‘The Wisdom of the Earth’

Posted on: February 25, 2015 by Alexander Herman

It is an iconic work by the great Romanian sculptor Constantin Brâncuși (pronounced, in true Romanian form, as ‘Brancoush’). It is a sculpture of a naked woman with her arms folded, her knees pulled close. It is entitled The Wisdom of the Earth. And now it is at the centre of yet another legal ‘dispute’ involving the Romanian state and […]