Art law

Art Market Eye | Will there be more or less work for art lawyers in 2024?

In what looks likely to be the continuation of a declining market, we may see more litigation in the art world this year

Italian court sides with Getty Museum in export dispute over Bassano painting

The Council of State dismissed the Italian culture ministry’s belated attempt to repatriate “absolute masterpiece” from the Los Angeles museum

Art lawcomment

‘Unregulated’ auction price manipulation may still be illegal

A 'nagging sense of lawlessness' persists despite the industry's periodic rebuttals

Dmitry Rybolovlev and Yves Bouvier settle nine-year legal feud

The Russian oligarch had accused the Swiss businessman of swindling him out of €1.1bn by overcharging him on art

Mystery over Agnelli dynasty’s missing art

Investigation by Italy’s broadcaster about the whereabouts of art from the late industrialist’s collection has revealed apparent widespread failure to enforce country’s cultural export rules

Cleveland Museum of Art sues the Manhattan District Attorney to retain ownership of $20m bronze statue

The museum had revised its own prior research in an apparent attempt to keep a headless sculpture believed to depict Marcus Aurelius

Collector Ron Perelman’s lawsuit against insurer over damaged art takes new turn

Court allows insurers to amend their argument, after arguing that the collector misrepresented his intention to sell “damaged” works, in $410m insurance claim

Time for the UK to adopt US-style rules on holding artists' funds

Primary-market sale proceeds should be held on trust so artists are never left out of pocket by a gallery's insolvency, writes IP and art lawyer Jon Sharples

Art marketanalysis

When dealers go bust, what happens to the art they hold?

Establishing ownership and value of works can be a complicated business, as recent legal cases have shown

Artists, writers, performers and their advocates call on US Congress to ban companies from copyrighting AI-generated art

The AI Day of Action, scheduled for 2 October, comes as US officials consider whether and how to regulate material generated by artificial intelligence

San Francisco’s Asian Art Museum sues architect and construction company behind new $38m pavilion

The museum says that Why Architects and Swinerton Builders “failed to meet even the minimum museum-quality standards”

US authorities return seven Schiele works to heirs of cabaret performer murdered by the Nazis

The seven drawings, seized from public and private collections throughout the US, are collectively valued at nearly $10m

Gagosian notches victory in lawsuit brought by photographer over Richard Prince’s New Portraits series

The gallery will not have to pay Donald Graham for any “unrealised profits” related to Prince’s appropriation of the photographer’s work

Allegedly Nazi-looted Egon Schiele works valued at nearly $4m are seized at US museums

The Manhattan District Attorney’s office ordered the seizure of works at the Art Institute of Chicago, Carnegie Museums and Allen Memorial Art Museum

Photo ban lifted on Picasso’s Guernica after 30 years

New museum director hopes to appeal to younger audiences though selfie sticks are still off limits

What the latest US court ruling means for AI-generated art’s copyright status

A judge said the absence of a “guiding human hand” disqualified the AI-generated image from copyright protection, but other generative art may still qualify

Hundreds of works from Los Angeles's infamous Ace Gallery to be liquidated via online auction

At least $230,000 worth of art and ephemera is being offered to repay creditors in the gallery's 2013 bankruptcy

Sculptor’s long-running lawsuit against Kevin Costner can resume, judges rule

A panel of judges found that the lawsuit, over what Costner claims is the third-largest bronze sculpture in the world, had been erroneously dismissed

Art marketanalysis

Does the punishment fit the crime? Art fraudsters face erratic sentencing

Recent high-profile cases, such as those of Daniel Elie Bouaziz and Angela Gulbenkian, demonstrate that lengths of sentences vary widely, with little consistency in judges’ reasoning

Lawnews

Poet and translator to sue British Museum for copyright and moral rights infringement

Vancouver-based Yilin Wang has raised more than £15,000 via Crowd Justice to begin legal proceedings

Art lawcomment

The jury is out on resale clauses, but there are other options

In-demand artists and their galleries are exploring creative legal solutions alongside measures improving resale restrictions' likelihood of enforceability

Florida judge squashes copyright infringement lawsuit over Maurizio Cattelan’s banana

The judge dismissed a suit brought by artist Joe Morford claiming he had made the original taped-banana work in 2001

Ashmolean Museum in bitter, 20-year dispute over Augustus John works

Heirs claim they were loaned and want them back; the museum says decision not yet made

Museum lawyers weigh in on diversity initiatives, joint acquisitions and more at industry conference

The annual gathering organised by the American Law Institute and co-sponsored by the Smithsonian took place recently in Philadelphia

New York's Spring art bonanza: the shows, the sales, the fairs

Plus, the Richard Prince copyright case and Sarah Sze in London

Hosted by Ben Luke and Aimee Dawson. With guest speakers Anny Shaw and Laura Gilbert. Produced by David. Clack and Julia Michalska
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US Supreme Court rules against Andy Warhol Foundation in closely watched copyright lawsuit

The case, which pitted the Andy Warhol Foundation against photographer Lynn Goldsmith, may have major repercussions for artists who build upon others’ work

Judge refuses to toss two copyright infringement lawsuits against Richard Prince

New York judge says the appropriation artist's New Portraits series does not achieve the level of transformation necessary to shield him from litigation

KAWS wins nearly $1m in damages in counterfeit lawsuit

Artist Brian Donnelly first filed the lawsuit against Dylan Joy An Leong Yi Zhi in 2021

New US copyright rules protect only AI art with ‘human authorship’

The US Copyright Office has eased its stance in new guidelines, and a decision on a comic book created using artificial intelligence

First-ever insider trading trial over NFTs set to begin in Manhattan court

A former OpenSea employee has been accused of insider trading; the outcome of the case may change the meaning of that phrase forever