Tag Archives: United States

Corporate Misappropriation of Urban Art: The Legal Landscape in the U.S.

Posted on: March 31, 2020 by Stephanie Drawdy

Does an advertisement that shows street art without the artist’s permission infringe the artist’s rights? Does it matter if the art was painted on a building with the property owner’s permission? Would the answer change if the mural is on a building that is visible to the public? The unfortunate answer to each of these […]

Recent case of ‘stolen’ Turing memorabilia highlights the complexities of the law of title

Posted on: February 13, 2020 by Charlotte Dunn

An intriguing series of events has led the US Government to commence court action over a collection of objects associated with Alan Turing, the British mathematician. Alan Turing is famous for his involvement in breaking the German Enigma code during WW2 and for his contribution to the field of computer science. This case raises questions […]

Is the Titanic struggle over?

Posted on: January 28, 2020 by Paul Stevenson

Everyone knows that the wreck of RMS Titanic is special. Media reports have confirmed as much over the past week, which has seen reports about the wreck site and a bespoke international compact relating to the ill-fated vessel make headlines. As media reports have confirmed, a treaty negotiated in 2003 (Agreement Concerning the Shipwrecked Vessel […]

New issue of Art Antiquity & Law available now

Posted on: January 16, 2020 by Julia Rodrigues Casella Hommes

As we leave behind the festive season, the latest issue of Art Antiquity & Law has just been released in time for you to start the new year with the latest in-depth analyses from the world of art and cultural heritage law. Adam Jomeen writes about street photography and compares the legal treatments afforded to […]

US Restitution Suit Allowed to Proceed Against the Netherlands and Dutch Museums

Posted on: December 12, 2019 by Stephanie Drawdy

Towards the end of Second World War, Adolph Hitler received a birthday gift that likely made his heart swell with pride – a famous Rembrandt. The impact this gift had on a certain elderly woman interned in one of Hitler’s Dutch concentration camps is far more difficult to describe; the Old Master painting was her […]

Developments from the US-China Trade War and how the art market is affected

Posted on: September 19, 2019 by Julia Rodrigues Casella Hommes

In what at first glance seems like a distant topic for cultural heritage and art law, the ongoing trade war between the US and China has escalated further with clear implications for the art market and many other countries as well. We have previously covered this topic here and here, when last year the threat […]

Just Released: Art Antiquity & Law July 2019 Issue

Posted on: July 23, 2019 by Julia Rodrigues Casella Hommes

Landing just in time to absorb you during the Summer holidays, the July 2019 issue of Art Antiquity & Law (Vol. XXIV, Issue 2) has been released in print and online. Subscriptions are available either as hardcopy only, digital only as well as digital + hardcopy packages and can be purchased directly through our website. […]

U.S. Court of Appeals Finds The Met is Rightful Owner of Picasso’s The Actor

Posted on: July 12, 2019 by Stephanie Drawdy

The great-grand niece of a Jewish couple from Cologne, the Leffmanns, has again received an adverse ruling in a New York federal case in which she seeks possession of a painting sold by the Leffmanns after Nazi-rule necessitated their departure from Germany. In its June 26, 2019 decision, the Second Circuit Court of Appeals upheld […]

From Mapplethorpe to Iowa, through New Hampshire and California: US rules on obscenity and nudity in art

Posted on: May 29, 2019 by Julia Rodrigues Casella Hommes

Even though there is currently an ongoing lawsuit in Iowa to determine what materials containing nudity prisoners should be granted access to, this is a debate that actually began much earlier. Our story begins in New Hampshire in 1942, when a ground-breaking precedent was set: the freedom of expression right granted by the constitution of […]

The incredible copyright legacy of Vivian Maier

Posted on: May 24, 2019 by Alexander Herman

For those who haven’t heard of her, Vivian Maier was a secret photographer. She lived and worked in Chicago throughout the 50s, 60s and 70s largely as a nanny in well-to-do suburbs. She had no close family of her own and died in 2009 with little fanfare. But she had spent most of her adult […]