Tag Archives: United States

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 […]

Done right, selling museum pieces can work – but probably not with Michelangelos

Posted on: October 1, 2020 by Alexander Herman

This comment first appeared on The Art Newspaper website on 25 September 2020. It has been reproduced with the editorial staff’s kind permission. Is the Royal Academy of Arts (RA) going to sell its Michelangelo? It seems a preposterous proposition, but these are rather preposterous times. The idea, apparently floated by a handful of Royal […]

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 […]

Funding of the arts – meeting the sector’s needs in changing times

Posted on: July 6, 2020 by Charlotte Dunn

The UK culture sector woke up to some good news today, with a Government announcement of a ‘world-leading’ £1.57 billion rescue package, set to benefit thousands of organisations suffering the financial impact of the Covid-19 pandemic. The funding of arts organisations has never been more relevant. With world-famous cultural institutions, such as Shakespeare’s Globe Theatre, warning […]

Fifty years on: the meaning of the 1970 UNESCO Convention

Posted on: June 18, 2020 by Alexander Herman

Amidst the sad turmoil (for some) and the uncertainty (for all) brought on by the pandemic and the resultant lockdown, it is perhaps more forgivable than usual to miss an important anniversary. I am referring here to the fact that 2020 marks 50 years since the adoption of the Convention on the Means of Prohibiting […]

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 […]

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. 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 […]

The recent rise of the virtual museum experience

Posted on: April 21, 2020 by Charlotte Dunn

As discussed in two previous IAL blog posts (here and here), the current outbreak of Coronavirus has had a substantial impact on the art world. One of the more positive sides to the story is how the present restrictions in movement have encouraged museums and galleries to scale up their presence online, giving individuals the […]