Tag Archives: art law

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 […]

Recent report on the illicit antiquities trade receives mixed response

Posted on: June 10, 2020 by Charlotte Dunn

A UNESCO-backed research project into the illicit trade in cultural property in Germany has recently released its final report. The ‘ILLICID Project’, launched by the German Federal Ministry of Education and Research, aimed to increase understanding of illicit trafficking networks and financial flows linked to organised crime and terrorism. However, the findings of the final […]

A final judgment? Court of Appeal rules in favour of the Ivory Act 2018

Posted on: June 5, 2020 by Charlotte Dunn

We have been following the debate over the UK’s position on ivory on the IAL blog over the past few years. The latest development has seen the Court of Appeal uphold the decision of the High Court, finding the Ivory Act 2018 to be lawful. What does this mean for the future of the ivory […]

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 […]

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 […]

Art Crime in Current Times

Posted on: May 1, 2020 by Charlotte Dunn

There is no doubt that the current times have caused extraordinary changes to daily life. There have been major impacts on every aspect of society, including how, when and where crime will occur. Thankfully, in general, crime has fallen since the introduction of lockdown measures in the UK. However, as noted in this article by […]

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 […]