Tag Archives: legal

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. […]

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.[1] 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 […]

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 […]

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 […]

IAL in New York City – Event on international exhibitions

Posted on: March 11, 2020 by Alexander Herman

Bright lights, big city. On 27 February, the IAL partnered with the Art Law Committee and European Affairs Committee of the New York City Bar Association to present an event on international art exhibitions in New York. The proceedings ran in the Main Hall of the Bar’s neo-classical headquarters on West 44th Street in midtown […]