Tag Archives: United States

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 […]

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 […]