Tag Archives: herman

Museum ethics: when the law plays catch up

Posted on: March 23, 2021 by Alexander Herman

Readers of this blog will know of our interest in a particular piece of EU law that came into effect throughout the EU territory on 28th December 2020. This predated the end of the Brexit Transition Period by three days and so applied to the UK as well. The legislation was Regulation 2019/880 on the […]

Looking ahead to 2021

Posted on: January 5, 2021 by Alexander Herman

If 2020 taught us anything it’s that making predictions is a futile – perhaps perilous – exercise. Looking back at our predictions for 2020 from last January only confirms this. Who would have thought that a global pandemic would tear through the fabric of our cozy existence, all the while upsetting a number of accepted […]

UK government announces change to export licensing system

Posted on: December 22, 2020 by Alexander Herman

If the end of year is necessarily a busy time, this has only been accentuated by the chaos wreaked by the pandemic and, for those in the UK, the impending end of the Brexit transition period (which expires on 31 December). We can certainly say that the UK’s Department for Digital, Culture, Media and Sport […]

Macron, restitution and French bureaucracy

Posted on: December 17, 2020 by Alexander Herman

An interesting debate has taken place in France between its two chambers of Parliament: the Senate and the National Assembly. It has arisen in the context of a Bill presented at the National Assembly on 16 July to restitute to the countries of Benin and Senegal a total of 27 items held within French public […]

Brexit and importing cultural goods

Posted on: December 9, 2020 by Alexander Herman

The Brexit Transition Period is set to end on 31st December at midnight Brussels time, 11.00 pm in the UK – everyone knows that. But what many people do not seem to know, even those in the cultural sector, is that by happenstance a particular provision of EU law will come into effect in the […]

French law will finally tackle (some) African restitutions

Posted on: July 21, 2020 by Alexander Herman

Last week, the legal review of a bill under consideration by the French government was released. Following President Macron’s statement on the restitution of artefacts to African countries in November 2017 and the release of the controversial Sarr Savoy Report the following year, this is the first we’ve heard about specific legislation on the topic. […]

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 […]

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 […]

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 […]

Unprecedented decision of German Nazi-looted art panel

Posted on: October 8, 2019 by Alexander Herman

The recent case before the German Advisory Commission involving the painting Uhlans on the March by Hans von Marées was a first of its kind on a number of counts. The Commission is the body that hears claims for the restitution of Nazi-looted artworks. The claim had been brought in 2017 by the beneficiaries of […]