Tag Archives: uk

British Museum must recognise its own powers

Posted on: June 4, 2019 by Alexander Herman

The following commentary first appeared on The Art Newspaper website on 29 May 2019. The British Museum seems to enjoy telling the world about its statutory restrictions. Whenever would-be claimants approach the museum seeking restitution of an object from the collection, the almost mechanical response from the museum is that its trustees are prevented from doing so, […]

Judicial review undertaken for HMS Victory salvage

Posted on: April 10, 2019 by Rebecca Reynolds

Treasure, bounty, pirates – these words conjure up romantic adventures in peoples’ minds, none the more so than when they relate to historically important wrecks. An example of this is the HMS Victory which sank in 1744 in the Channel on its way back from a mission to relieve British ships blocked in the River […]

Cadbury’s Freddo Treasures campaign backfires

Posted on: March 27, 2019 by Rebecca Reynolds

Searching for treasure and discovering new archaeological sites like Indiana Jones is every child’s dream. And this is exactly what Cadbury’s latest Freddo campaign sought to do. The relevant webpage listed a series of known archaeological sites in England, Northern Ireland and the Republic of Ireland where “treasure is fair game”, and encouraged children to […]

Our submission to the DCMS consultation on UK export controls

Posted on: March 8, 2019 by Alexander Herman

The IAL recently submitted a response to a consultation on export controls released by the UK’s Department for Digital, Culture, Media & Sport (DCMS). The consultation related to a recent proposal to introduce a legally binding offer into the mechanism by which would-be exporters are required to accept fair matching offers from UK institutions (or […]

A Listed Building – or is it? The recent Court of Appeal judgement in Dill

Posted on: January 16, 2019 by Rebecca Reynolds

While owning and living in a listed building may be a quaint dream for some of us, they do come with a fair amount of constraints, restrictions and headaches when it comes to undertaking repairs, renovations or even selling items held within them. Many an owner of a large stately home has found himself on […]

Planning for the unthinkable: Protecting cultural assets in extremis

Posted on: December 3, 2018 by Emily Gould

It barely seems possible that we are fast approaching the first anniversary of the UK’s ratification of the Hague Convention 1954. 12th December 2017 marked the entry into force of the Cultural Property (Armed Conflicts) Act 2017, which saw the UK, finally, making a formal commitment to adhere to the Convention’s obligations for the protection […]

A shredded Banksy…but still a Banksy?

Posted on: October 11, 2018 by Emily Gould

Following the excitement of the sale of the self-destructing Banksy last Friday night about which we reported on Monday, it has all gone rather quiet. We half-expected to hear more, perhaps from the aggrieved purchaser or maybe even from those ‘in the know’ to reassure us that it had all been one big hoax. Maybe […]

Ticking Away: Christian Marclay’s The Clock and Copyright Law

Posted on: September 12, 2018 by Alexander Herman

A stern-looking man with a gun turns towards a metallic device mounted on the wall. He places one hand on the device’s handle and checks his watch. It is 12.04. Next we see an analogue clock hanging above a presenter reading the BBC radio news into a microphone. The time on the clock reads 12.05. […]

Court decision on Caillebotte export rocks the boat

Posted on: September 4, 2018 by Alexander Herman

A once-in-a-generation case has caused major ripples in the Canadian museum world. And we’re not talking about the attempted sale of a Chagall by the National Gallery of Canada this spring. No, this was an actual court case, before the Federal Court of Canada, to determine whether the Canadian Cultural Property Export Review Board (the […]

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 […]