Tag Archives: supreme court

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 and Julia Rodrigues Casella Hommes

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 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 […]

Art law on film: Woman in Gold

Posted on: April 16, 2015 by Alexander Herman

‘What do you know about art restitution?’ ‘Not a thing.’ The question comes from Maria Altmann, played by Helen Mirren, and the answer is from her lawyer, Randol Schoenberg, played by Ryan Reynolds, in Woman in Gold, the film dramatising Altmann’s quest for the return of five Gustav Klimt paintings that had been taken from her family during the […]