Art law

In US Supreme Court hearing over Nazi-looted Pissarro, justices question Spanish museum’s position

The latest chapter in the 20-year dispute over a painting currently in the collection of a Madrid museum suggests the case may head back to a California appeals court

Peter Max’s guardian sues his daughter for defamation in latest twist in battle over elderly artist’s care and legacy

Libra Max previously sued to end Barbara Lissner’s guardianship of her father; now Lissner has sued back, alleging that Libra Max’s legal and public relations campaign defamed her

Sotheby’s faces class-action lawsuit alleging mistreatment and misclassification of workers

Lawyers for the auction house are trying to dismiss the complaint, which they call 'devoid of factual allegations,' but they could be facing a classic Catch-22.

The 'Wild West' of finance: governments want to regulate NFTs and cryptocurrencies, but first they have to catch up

This booming but unregulated market is under scrutiny in the US and UK, but legislation is lagging behind innovation

In latest feud over Robert Indiana’s legacy, Morgan Art Foundation claims publisher hid thousands of artworks and lied under oath

The foundation claims publisher Michael McKenzie “made a mockery of the discovery process” and “repeatedly thumbed his nose” at the court

Jeff Koons accused of appropriating sculpture for 1989 series featuring his ex-wife

Michael Hayden has sued the artist for copyright infringement in latest legal battle

US Supreme Court will hear case of Nazi-looted Pissarro painting

The decades-long dispute between the heirs of a Jewish woman who fled Nazi Germany and the Thyssen-Bornemisza Collection Foundation is embroiled in procedural questions about foreign sovereigns’ liabilities in US courts

Mondrian at the Philadelphia Museum of Art is Nazi loot, heirs allege

In 1937 the work, which had belonged to art historian Sophie Küppers, was seized by Nazi authorities and eventually sold to New York collector A. E. Gallatin

Andy Warhol Foundation petitions US Supreme Court to review ruling over Prince portrait

A lawyer for the foundation says a review by the Supreme Court of a lower court’s decision would “reaffirm the importance of free artistic expression”

'No matter how wealthy you are, no one is above the law': New York court rejects Sotheby's attempt to dismiss suit alleging it helped collector evade tax on $27m of art

Attorney general claims the auction house created and used tax exemption certificates that falsely presented the buyer as an art dealer in order to dodge payments. Sotheby's says it will continue to contest the case

Art marketcomment

The tension between copyright law and Appropriation art: where is the line between artistic innovation and stealing?

As a US court issues a decision on the dispute between the Andy Warhol Foundation and photographer Lynn Goldsmith, two lawyers explore past case studies in this legally controversial area

Antiquities trade should prepare for more government oversight

US Treasury Department issues a call for input on forthcoming regulation that aims to counter money laundering

Two veteran lawyers from New York's Herrick Feinstein create new firm, Kaye Spiegler—and save on moving fees

The boutique firm will continue to work from the same offices, but wants to take on riskier contingency cases

Artistate launches to help artists safeguard their legacy

Founded by gallerists and lawyers, the venture will provide estate-planning advice—for a fee—to artists and their families

Genevan court dismisses Dimitry Rybolovev's case against art dealer Yves Bouvier—but feud between the two billionaires is not over yet

Russian art collector had sued for double dealing and will now appeal decision, while Bouvier plans to launch $1bn countersuit for damages—and write a tell-all book

Art world rushes to conform to UK's anti-money laundering laws

So far a total of 475 "art market participants" have been registered—but delays mean more are likely to comply in the coming months

US Copyright Office suggests Congress pass new laws to protect artists from state infringement

A string of court cases have allowed states to claim sovereign immunity when they have used images without permission, giving copyright holders cause for concern and few options for remedy

Art marketcomment

Not all they seem: how galleries can spot fake ID documents

From face-matching software to watching out for shifty behaviour, here is how you can protect yourself from fraudsters attempting to buy art under a false identity

‘Slap in the face’: Poland passes law effectively blocking Holocaust-era art restitutions

Lawyers and collectors weigh in on new rule that sets a 30-year limit on claims to property that was stolen by Nazis and Communist leaders

Safani Gallery's lawsuit against Italy over disputed antiquity dismissed in court

The New York-based gallery sued after US authorities seized a bust of Alexander the Great in 2018. The sculpture's ownership and future remains unresolved

What counts as ‘fair use’? Debate over Warhol's appropriation of Prince photograph rumbles on

Photographer Lynn Goldsmith says recent Supreme Court ruling on Google supports previous decision that went against the Pop artist's foundation

Portuguese collector Joe Berardo—detained for tax fraud—also investigated for other crimes

Businessman behind the Museu Coleção Berardo in Lisbon, one of Portugal's most visited museums, allegedly owes nearly €1bn

Stand and deliver: the $950m ‘art hostage situation’ involving paintings by Malevich and Goncharova

In a long-running legal battle, the Shchukin Gallery seeks the return of five paintings worth $63m that the gallery says were taken by a Russian financier

UK treasure items cleared for sale may soon face problems with export to the EU

New licensing regulations for cultural property may hamper metal detectorists' ability to sell legitimate finds on the European market

US judge throws out latest non-payment case involving Anatole Shagalov

Dispute with Artemus centred on a multimillion-dollar leaseback arrangement involving Keith Haring and Frank Stella works

NFTanalysis

But is it legal? The baffling world of NFT copyright and ownership issues

With interest in non-fungible tokens growing fast, the legal questions are testing the experts

US appeals court rules that Warhol’s reliance on a photographer’s portrait image did not constitute ‘fair use’

Decision appears to signal that appropriation artists may have to proceed more cautiously

Art marketcomment

The art market is 'high risk' for money laundering, so ignore new regulations at your peril

The UK government may make examples of galleries, advisors and auction houses found failing to comply to new laws, so prepare your business with these steps

Vermont Law School can hide a mural that offended students behind a wall, court rules

A 1993 painting of the state’s historic role on the Underground Railroad depicts Black slaves as caricatures, while white abolitionists are idealised

Podcastspodcast

Old Masters meet Brutalism: inside Frick Madison in New York

Plus, the story of a notorious forger and artist Collier Schorr on August Sander

Hosted by Ben Luke. with guest speaker Vincent Noce. Produced by Julia Michalska, David Clack, Aimee Dawson and Henrietta Bentall