Tag Archives: emily gould

Important UK Copyright Case on ‘Originality’ Standard

Posted on: January 23, 2024 by Emily Gould

A recent decision by the Court of Appeal in London, handed down in November 2023, has triggered a stream of comment and debate among scholars and art historians. The case of THJ v Sheridan does not, at first glance, appear to have much at all to do with the arts sector, involving, as it did, […]

Seminar Report on Art Law Unveiled: Navigating Modern and Contemporary Art Transactions, 9 November

Posted on: November 20, 2023 by Laura Villarraga Albino

Two weeks ago, the Institute of Art and Law and Wedlake Bell jointly hosted the seminar “Art Law Unveiled: Navigating Modern and Contemporary Art Transactions”. Legal issues surrounding this area were addressed, providing a high-level forum for discussing practical issues, such as art contracts, artists’ representation, the authentication of artworks and the role of collective […]

NFTs in the spotlight again – this time from a UK Parliamentary Committee

Posted on: January 30, 2023 by Emily Gould

“A year of great change” was how IAL Director, Alexander Herman, described 2022 in the IAL blog’s customary review of the year. Change has certainly been no stranger to those invested in NFTs and other crypto markets over the past year or so, with prices fluctuating wildly and markets extremely volatile. The soaring prices of […]

Important High Court decision on authenticity and dealers’ responsibilities

Posted on: January 23, 2023 by Emily Gould

In an important decision handed down at the end of last year [1] the High Court upheld most of the claims brought by an eminent purchaser against a well-known antiquities dealer in relation to the (in)authenticity of the artefacts in question. It is rare that authenticity claims reach the courts, and when they have done […]

NFTs as ‘property’ – in art and law

Posted on: September 2, 2022 by Emily Gould

While some high profile artists have been somewhat underwhelmed by the NFT phenomenon, others have been much more eager to dip their toes into NFT waters. Undeterred by naysayers such as David Hockney, who in one interview, deemed NFTs as for ‘crooks and swindlers’, artists such as Damien Hirst have embraced the new technology. Hirst’s […]

Arts Council England releases new guidance for museums on restitution and repatriation

Posted on: August 5, 2022 by Alexander Herman and Emily Gould

Today, Arts Council England released its guidance on restitution and repatriation for English museums. Restitution and Repatriation: A Practical Guide for Museums in England offers guidelines, best practice and case studies for the museum sector, helping institutions act appropriately and considerately in the context of claims for the return of collection objects. It replaces previous […]

New issue of Art Antiquity and Law out soon

Posted on: August 4, 2022 by Ruth Redmond-Cooper

The second issue of 2022 from Art Antiquity and Law has now gone to press and hard copy will be sent out to subscribers next week. This issue covers a range of topics: Emily Gould, Assistant Director of the Institute of Art and Law, provides a detailed examination of the law relating to NFTs. These […]

Copyright cases in the spotlight

Posted on: July 1, 2022 by Emily Gould

Perhaps it’s my imagination, but the recent delivery of the IAL’s Diploma in Intellectual Property and Collections seems to have coincided with the emergence of a series of fascinating copyright cases. Each time I’ve planned to put pen to paper (or fingers to keyboard) to offer a few thoughts on one intriguing matter, another seems […]

Philbrick sentenced to seven year jail term – a rogue bad apple or a pawn in an industry rotten to its core?

Posted on: June 1, 2022 by Emily Gould

Art dealer turned con-artist Inigo Philbrick was sentenced last week by a US District Court to seven years behind bars. Described as “a serial swindler who took advantage of the lack of transparency in the art market” Philbrick defrauded numerous art traders, lenders and investors out of a reported US $86 million in a series […]

NFTs as property: courts start to rein in the NFT ‘Wild West’

Posted on: May 11, 2022 by Emily Gould

The NFT space is commonly characterised as a ‘Wild West’, where anything goes and legal controls are minimal. A recent decision of the UK High Court suggests that the law’s lasso of control is at least starting to bring some order to the purported chaos. In a case involving the alleged theft of two NFTs […]