Tag Archives: eu

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 […]

Interesting times for copyright law in the UK

Posted on: February 11, 2020 by Emily Gould

At 11pm on 31st January 2020, the UK left the European Union. That much is clear. Far less certain at this stage, is the effect this will have on a number of areas of law, not least the law of copyright. We have known for some time that certain specific rights which depend on European-wide […]

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 […]

Year in review: recap on 2019

Posted on: December 26, 2019 by Alexander Herman

If nothing else, the end of a calendar year offers the chance to step back and review the larger developments in a particular area or field. This is certainly true about the world of art and cultural heritage law where it can often be hard to see the forest for the trees. So many legal […]

To quote or not to quote – that is the question

Posted on: November 7, 2019 by Alexander Herman

As those who have followed our courses (especially our IP Diploma) will know, a big fanfare is often made about the possibilities of the ‘quotation’ exception introduced into UK copyright law five years ago. For institutions that are often users of copyright-protected material, like museums, galleries, archives and libraries, the new exception came with a […]

New issue of IAL’s Art Antiquity and Law journal just released

Posted on: October 24, 2019 by Julia Rodrigues Casella Hommes

Marking the beginning of a new academic year, the latest issue of Art Antiquity & Law, IAL’s quarterly journal, is hot off the press and brings a number of articles ranging from topics such as musical instruments and their legal framework to arbitration, art theft, export of cultural goods and the repatriation claims for the […]

The EU’s parting gift to the UK art market?

Posted on: April 1, 2019 by Emily Gould

On 17th April 2019, shortly after the original date set for the UK’s exit from the European Union, the European Parliament and Council adopted the Regulation on the import of cultural goods, a rather sweeping measure designed to control the import into EU Member States of certain items of cultural property. The legislation is aimed […]

Attributed Giotto now stuck in legal limbo

Posted on: July 24, 2018 by Alexander Herman

Yesterday, an Italian painting with a colourful history had its fate sealed by a UK court. The Queen’s Bench Division of the High Court has decided that Arts Council England (ACE), the delegated authority that issues export licences for cultural property leaving UK shores, was not the ‘competent authority’ to issue an EU licence for […]

Public domain and the internet

Posted on: May 24, 2017 by Alexander Herman

A number of issues arise when we use images of artistic works online. Here, I am referring to copyright and to the specific treatment of images of older works that may – or may not – have fallen into the public domain. Of course, once copyright has expired in a work, that work will enter the public […]

Brexit and the changes to ‘art law’

Posted on: June 29, 2016 by Alexander Herman

Of course we need to mention the very real possibility of Britain’s withdrawal from the European Union following last Thursday’s referendum vote. We held a class on Saturday as part of our Diploma in Art Profession Law and Ethics (with some sad faces in the room, it should be said) and listed off a number of instruments and regulations in […]