Tag Archives: United States

Latest Art Antiquity & Law issue

Posted on: May 21, 2019 by Julia Rodrigues Casella Hommes

The brand new issue of IAL’s Art Antiquity & Law quarterly journal is hot off the press and is now available in print and online via the Hein portal. This year’s first issue brings an array of articles, conference reports and a book review. Maja Dehouck discusses the regulation of illicit trafficking of cultural property […]

Recent American Restitutions

Posted on: December 14, 2018 by Alexander Herman

American prosecutors have been busy of late. Not only has New York Assistant District Attorney Matthew Bogdanos been active over the past 18 months in seeking seizure and forfeiture orders for stolen or looted property, but the US Attorney’s office has been busy as well. Added to this is the favourable stance the US courts […]

Update on the US – China Trade War and its implications to the art world

Posted on: September 23, 2018 by Julia Rodrigues Casella Hommes

In a welcome development, it has been reported by the Art Newspaper earlier this week that Chinese art and antiques will no longer be subject to the increased tariffs we had discussed here in the ongoing trade war between the US and China. This is the result – at least in part – of the […]

US leaves UNESCO

Posted on: October 23, 2017 by Emily Gould

Following the series of controversial decisions for which the Trump administration has come to be known, this month the US Department of State has notified the UNESCO Director-General of its decision to withdraw from the organisation. Amongst the reasons presented are ‘concerns with mounting arrears at UNESCO’, ‘the need for fundamental reform in the organisation’ […]

Public domain and the internet

Posted on: May 24, 2017 by Alexander Herman

A number of issues arise when we use images of artistic works online. Here, I am referring to copyright and to the specific treatment of images of older works that may – or may not – have fallen into the public domain. Of course, once copyright has expired in a work, that work will enter the public […]

Richard Prince’s ‘New Portraits’…another twist in the tale

Posted on: August 30, 2016 by Emily Gould

Our attention has been drawn yet again, this week, to the vexed question of ‘fair use’ as an exception to copyright protection under US law. When is a new work of art which draws on an existing copyright work acceptable, and when does it overstep the mark? The saga surrounding well-known appropriation artist Richard Prince […]

New development in Cassirer litigation in California

Posted on: July 17, 2015 by Alexander Herman

The dispute before the California courts between the Thyssen-Bornemisza Foundation and the descendants of Lily Cassirer Neubauer has now entered its second decade. Neubauer was forced to sell a painting by Pissarro before fleeing Germany in 1939 and her heirs now claim that it should be returned to them from the Spanish Foundation, the painting’s current possessor. The action brought […]

Kennewick Man is back: The pitfalls of modern science

Posted on: July 1, 2015 by Alexander Herman

An article published on 18 June 2015 in the scientific weekly Nature has given the world a new appreciation of the origins of the human remains known as ‘Kennewick Man’. The remains were discovered in the State of Washington in 1996 and preliminary studies showed that Kennewick Man was roughly 9,000 years old and had no noticeable morphological connection […]

Copyright calculator for EU

Posted on: April 23, 2015 by Alexander Herman

For those of you who have taken the IAL’s Diploma in Intellectual Property and Collections (DipIPC) course, you will know that an important module of the course deals with the duration of copyright. This can be an especially challenging issue when it comes to the visual arts, where digitisation can make a work instantaneously available throughout the world. But different […]

New ‘fair use’ guide for artists, art historians and art critics

Posted on: March 4, 2015 by Alexander Herman

For those intrigued, perplexed or in need of a practical guide on how to deal with that beast known as the ‘fair use’ exception in US copyright law, look no further. The College Art Association, the professional body of those who work in art, art history and art criticism in the United States, has just released its long […]