Art @Law

The UK Competition and Markets Authority opens an investigation into auction services

16/12/2016

On 22 November 2016, the UK Competition and Markets Authority (CMA) launched an initial investigation into suspected anti-competitive practices in relation to the supply of auction services in the UK. In its announcement, the CMA stated that the investigation is focusing on suspected exclusionary and restrictive pricing practices, including most favoured nation provisions (MFNs) in respect of online sales. The CMA has also received an application for interim measures in connection with this case. MFNs (also known as “most favoured

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Series on Art Restitution – Nazi Looted Art

07/12/2016

Introduction The field of art restitution generally concerns itself with artworks that were confiscated or seized from, forcibly sold by, or otherwise lost by their previous owners. Generally, these owners were subject to persecution.  There has been an array of (sometimes inconsistent) court decisions and differing opinions on how art restitution claims should be treated. This series of brief articles seeks to provide a non-exhaustive overview of categories of claims that have been considered. Nazi-looted art By Nazi-looted art, we

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Series on Art Restitution – Bolshevik Looted Art

07/12/2016

Introduction The field of Art Restitution generally concerns itself with artworks that were confiscated or seized from, forcibly sold by, or otherwise lost by the artworks’ previous owners. Generally, these owners had been subject to persecution or considerable duress.  Given the various categories of potential Art Restitution claims, there appears to have been an array of (sometimes inconsistent) court decisions and differing opinions on how claims should be treated. This series of brief articles seeks to provide a non-exhaustive overview

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Series on Art Restitution – Stasi Looted Art

07/12/2016

Introduction The field of Art Restitution generally concerns itself with artworks that were confiscated or seized from, forcibly sold by, or otherwise lost by the artworks’ previous owners. Generally, these owners had been subject to persecution or considerable duress.  Given the various categories of potential Art Restitution claims, there appears to have been an array of (sometimes inconsistent) court decisions and differing opinions on how claims should be treated. This series of brief articles seeks to provide a non-exhaustive overview

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Is this a rebellion? No Sir, this is a revolution

06/12/2016

It is said that when a messenger brought the news to Louis XVI that the Bastille had been taken, the monarch asked: is this a rebellion? No Sir, replied a minister standing by, this is a revolution.  Could the same be said of the public announcements made last week by the French auctioneers? On 29 November 2016, the National Union of French (Commercial) Auctioneers (Syndicat National des Maisons de Ventes Volontaires, also known as ‘SYMeV’) publicly called for the abolition

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The Tale of the Two Cranachs

04/11/2016

On 9 August 2016, a federal judge in the U.S. District Court of California summarily dismissed a lawsuit against the Norton Simon Museum brought by the heirs of a Dutch dealer, Jacques Goudstikker, to recover two sixteenth century oil paintings, entitled “Adam” and “Eve” by Lucas Cranach the Elder.[i]  Granting the Museum’s motion for summary judgment, the court held that the Museum is entitled to keep the Cranachs because the Dutch government “acquired ownership of the Cranachs” and, as a

TRK879692 The Battle of Alexander at Issus. Oil painting by the German artist Albrecht Altdorfer (1480-1538). 1529. by Altdorfer, Albrecht (c.1480-1538); Alte Pinakothek, Munich, Germany; (add.info.: Albrecht Altdorfer (1480-1538).
Alte Pinakothek. Munich. Germany); Photo © Tarker; German,  out of copyright

Update – New German Export Provisions for the “Protection of Cultural Property” now in force

29/09/2016

Earlier this year we reported that Germany’s government was in the process of legislating to protect objects of national heritage and restrict their export from Germany. The new Act for the Protection of Cultural Property automatically (and practically, overnight) adds to the list of items declared as national cultural property, all items: owned by the public and held by a public institution holding cultural property (e.g. a national museum); owned and held by an institution holding cultural objects that is