Tag Archives: supreme court

Andy Warhol decision at US Supreme Court: a whimper, not a bang

Posted on: May 22, 2023 by Alexander Herman

Pity the Andy Warhol Foundation. Not only did the Foundation have to close its associated authentication board in 2012, but now it has lost what was probably the most high-profile artistic copyright lawsuit of a generation. Although Warhol’s artworks and his brand continue to enjoy high levels of popularity and financial success, the Foundation has […]

Looking ahead to 2022

Posted on: January 5, 2022 by Alexander Herman

Is it really time to make predictions? With the uncertainty that has accompanied these last two years, likely not. As I said last year, prognostication is a perilous enterprise. What can really be said about the year ahead without including a major asterisk? So let us instead try a more modest approach, by going over […]

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 […]

U.S. Supreme Court declines to review 5Pointz ruling

Posted on: November 13, 2020 by Stephanie Drawdy

The 5Pointz case has now been confirmed as viable authority in favor of artists’ rights in the United States. In early October, the U.S. Supreme Court declined to hear the petition for certiorari filed by developers Gerald Wolkoff and several of his real estate entities, thereby eliminating the last appellate hope the developers had to […]

UK Ivory Ban: End to the lawsuit but Ivory Act is not enforceable just yet

Posted on: September 25, 2020 by Georgiana Stables

The IAL blog has avidly followed the debate surrounding the UK’s position on the trade of ivory artefacts over the last two years, see June 2020 Update, November 2019 Update, July 2019 Update, May 2018 Update, April 2018 Update, January 2018 Update. The latest development has seen the Supreme Court denying the request to appeal made […]

Guelph Treasure Appeal Pending in U.S. Supreme Court

Posted on: August 21, 2020 by Stephanie Drawdy

A collection of ecclesiastical art known as the Guelph Treasure (Welfenschatz) is at the center of a U.S. restitution claim brought by heirs of Holocaust victims who sold it during the Nazi reign, previously discussed here. Having held the highly valued collection for approximately six decades, Germany is unwilling to part with what it considers […]

Art and Dishonesty: The New Test

Posted on: August 12, 2020 by Geoffrey Bennett

When the worlds of Art and Crime collide consideration of the issue of ‘dishonesty’ is not likely to be far behind. Not only is it a crucial ingredient in theft it also permeates other offences such as fraud under the Fraud Act 2006, or Conspiracy to Defraud at common law, and the specific offence of […]

5Pointz case stayed pending petition to U.S. Supreme Court

Posted on: June 12, 2020 by Stephanie Drawdy

A nearly seven-year long legal battle over the rights of aerosol artists that played out before the New York courts and resulted in a $6.75 million judgment in favor of the artists has taken yet another turn. In 2018, a ground-breaking judgment was handed down against a group of New York developers for willful removal […]

What is a listed building? The Supreme Court provides clarity

Posted on: June 4, 2020 by Rebecca Hawkes-Reynolds

The IAL has been closely following the case of Mr Dill and the two lead urns in its passage through the courts over the past two years. Mr Dill sold the urns in 2009 without knowing that they were individually listed and therefore their removal required listed building consent. Having lost at the High Court […]

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 […]