Tag Archives: art

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 […]

Response of the museum sector to the coronavirus pandemic

Posted on: April 10, 2020 by Emily Gould

In a blog post last week, we discussed the many ramifications of the Coronavirus pandemic on contracts. The effects are being felt by businesses and individuals in all sectors across the globe, and museums are certainly not immune to the challenges presented. The inevitable cancellations of exhibitions involves disrupting contractual arrangements on many levels, from […]

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 […]

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 […]

Looking ahead to 2020

Posted on: January 14, 2020 by Alexander Herman

Like we did last year, we are keen to use this opportunity to have a look at what lies ahead. For one, 2020 seems to offer much change for the art world on the regulatory front. This is bookended by two major changes in the UK (and indeed across Europe) that have their source in […]

Mixed fortunes for art in the UK’s regions

Posted on: June 6, 2019 by Emily Gould

“Interesting and challenging times” was how the UK Museums Association Director, Sharon Heal, described the current climate for the sector in her introduction to the Association’s Annual Report last year. No more acutely are those challenges felt than by the UK’s regional museums, many of which are run by local authorities. Over half of these […]

Court of Appeal confirms $10m commission on Gauguin sale

Posted on: May 17, 2019 by Michael Bowmer

On 14 May 2019 the Court of Appeal of England and Wales (Lewison LJ, Lindblom LJ, Rose LJ) unanimously dismissed the appeal by Ruedi Staechelin and his fellow trustees against the decision of Morgan J dated 16 January 2018. By his judgment Morgan J had held that a commission of US$10 million was payable to […]

Caillebotte storm is quelled, twice over

Posted on: April 17, 2019 by Alexander Herman

Last June, a Federal Court decision in Canada caused quite a stir. It related to the export control system that applies in Canada for cultural property and the definition of the term ‘national importance’. As we reported in September, the case involved the attempted export from Canada of an oil painting by French Impressionist Gustave […]

A new red line? Controversial gifts in the spotlight

Posted on: March 22, 2019 by Paul Stevenson

Last night, news broke that the Tate’s board of trustees have decided not to seek or accept further donations from the Sackler family. This comes hot on the heels of reports in the BBC and other outlets this week that the Sackler Trust has withdrawn a £1M ($1.3M) potential donation to the National Portrait Gallery. […]