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Closing Gaps and Raising New Questions: Dubai’s New Antiquities Law

In 2017, Federal Law No.11 Concerning Antiquities (the “Federal Law”) was enacted in the United Arab Emirates to preserve the country’s antiquities as part of its national identity and cultural heritage. The Federal Law formalised the framework for antiquities protection, ownership and registration across the UAE, while leaving ample room for each emirate and their respective “Competent Authority” to legislate locally on a number of matters, including import licensing, trading permits, discovery procedures, loan of state-owned antiquities, without specifying the operative rules.

Read More »Closing Gaps and Raising New Questions: Dubai’s New Antiquities Law

“Administering Immortality” – Artists and their Estates

This past April, visitors to the AIPAD Photography Show in New York encountered an unexpected reimagining of one of the most celebrated photographs in American history.

Photographs by Ansel Adams, including his iconic Moonrise, Hernandez, New Mexico (1941), were exhibited and offered for sale in colourized form. Created using artificial intelligence and presented by veteran gallerist James Danziger, the works reportedly sold for between $6,000 and $10,000 USD each.

To understand the controversy, one must begin with a visual analysis.

Read More »“Administering Immortality” – Artists and their Estates

The Flemish Nazi-Looted Art Restitution Decree

The restitution of nazi-looted art is a morally charged and technically complex subject. It requires the law to retrace histories deliberately broken across missing archives, vanished witnesses, fractured successions, competing property rules, limitation periods, good-faith purchases and transactions blurred by persecution, exile and war. It must do so to answer a question at once simple and almost impossibly difficult: what does justice require now?

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From Gaza to the Golestan Palace: How States Protect Cultural Heritage in Crossfire

The recent US-Israeli strikes caused damage to Tehran’s Golestan Palace, a UNESCO World Heritage Site and a masterpiece of the Qajar Dynasty. Based on available information, the damage to the Golestan Palace was not a deliberate act targeting the site itself, but rather collateral damage from nearby military strikes by the US and Israel[1].

Read More »From Gaza to the Golestan Palace: How States Protect Cultural Heritage in Crossfire

Thaler v. Perlmutter: Much Ado About Very Little

The U.S. Supreme Court’s decision of 2 March 2026 to deny certiorari in Thaler v. Perlmutter may sound significant upon first reading, but it is far less dramatic than some headlines suggest. The D.C. Circuit’s ruling of 18 March 2025 stands: copyright protection requires human authorship, and Thaler’s AI-generated work cannot be registered as a U.S. copyright-protected work.

Read More »Thaler v. Perlmutter: Much Ado About Very Little

The Final Straw: The Louvre’s €10 Million Ticket Scandal

After a turbulent few months, Laurence des Cars has resigned as director of the Louvre.

Many will remember the headline-grabbing €88 million jewel heist last October: four burglars, eight minutes, global coverage. But that wasn’t the only scandal to define Laurence des Cars’ final months at the French museum. Another, less cinematic, scandal also caused some inner turmoil: ticket fraud.

Read More »The Final Straw: The Louvre’s €10 Million Ticket Scandal

U.S. Tariffs: The Next Chapter

Everything is on fire.

Or at least that’s how it feels whenever Washington starts talking about tariffs. Markets begin to sway like nervous tightrope walkers. Importers start refreshing government websites. Deals pause mid-handshake. And anyone who moves objects across borders starts recalculating.

Read More »U.S. Tariffs: The Next Chapter

The New UK Restitution Powers

Parthenon Marbles this, Parthenon Marbles that. For the past few years, the debate has been relentless and inescapable. News headlines, diplomatic misfires, UNESCO interventions and a growing swell of international tension have all revolved around the same fragments of classical sculpture. And yet, despite the noise, the situation remains unchanged. Due to the British Museum Act 1963, the British Museum still cannot return the marbles, no matter how compelling the ethical case. For those hoping the law might finally budge, manage your expectations: nothing appears to be changing any time soon.

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Hidden in transit: the uneasy relationship between freeports and the darker side of the trade in cultural property

The heist of the Mona Lisa from the Louvre in 1911 was so audacious that it inspired the theory of Picasso as a suspect. A century later, art thefts still dominate headlines and dinner party conversations. From smashed display cases in Dresden to vanishing crown jewels in Paris, recent heists have reignited global fascination with the black market for cultural treasures. But while the cinematic smash-and-grab gets all the attention, the biggest trove of looted art may be hiding in plain sight.

In the industrial outskirts of Geneva, Singapore, or Luxembourg, you might pass a building that looks like any other warehouse: windowless, nondescript, quiet. Yet behind its steel doors could lie billions of dollars’ worth of masterpieces, ancient artefacts, and rare collectables; these facilities are freeports.

Read More »Hidden in transit: the uneasy relationship between freeports and the darker side of the trade in cultural property

Tariffs and the Art World: What is going on?

The entire Trump-tariff saga is as chaotic as it is confusing. Since January 2025, the current Trump administration has wielded various US statutes to impose sweeping tariffs on nearly all imports. These measures, implemented via a patchwork of executive orders and shrouded in emergency-powers justifications, sent shockwaves through global supply chains, battered US businesses facing higher input costs, and left economists scrambling to forecast the next twist in an ever-evolving trade battle.

Unsurprisingly, lawsuits followed almost immediately.

Read More »Tariffs and the Art World: What is going on?

Art Law in China: What’s new

Artworks and antiquities don’t always stay put. They travel. That’s why art law demands a little more from its practitioners. Unlike some legal niches, it requires not just knowledge of local statutes, but an international mindset. A solicitor dealing in local corporate transactions can survive without ever thinking about Chinese export laws or UNESCO conventions. An art lawyer cannot.

Navigating international cultural heritage law requires knowledge of a patchwork of legal systems. Some are straightforward, others less so. China falls into the latter category. With its vast history and evolving political priorities, understanding its cultural property laws is uniquely challenging. With China’s latest overhaul of its Cultural Property Protection Law, the landscape has changed yet again.

Read More »Art Law in China: What’s new

From Red Tape to Renaissance: Italy reduces the rate of VAT on art to 5%

Back in 2022, Council Directive (EU) 2022/542 introduced sweeping reforms to VAT taxation across the European Union. Among its most consequential provisions for the art world was the significant curtailment (some might say near-eradication) of the “margin scheme”, a mechanism previously relied upon by many in the secondary art market.

In light of these changes, Member States were encouraged to adjust their VAT rates on works of art, collectors’ items, and antiques; reducing them from the standard rate (typically around 22%) to a lower threshold (no lower than 5%) by the end of 2024. The clock began ticking, and EU Member States all began to recalibrate their fiscal strategies accordingly.

Read More »From Red Tape to Renaissance: Italy reduces the rate of VAT on art to 5%

A Legislative Turning Point: the 2025 HEAR Improvements Act and the Erosion of Traditional Defences in Cultural Property Litigation

When the nazis were in power between 1933 and 1945, they looted approximately one-fifth of Europe’s art, stripping Jewish families and political opponents of their heritage. Despite global efforts to return artworks unlawfully dispossessed from persecuted families, many remain locked in legal limbo, sheltered by technicalities or foreign laws that protect current owners.

Just think of the Cassirer, Zuckerman or Von Saher cases. All three were dismissed due to defences based on the passage of time, adverse possession, acquisitive prescription, or other such technical defences.

[…]

Read More »A Legislative Turning Point: the 2025 HEAR Improvements Act and the Erosion of Traditional Defences in Cultural Property Litigation

EU Regulation 2019/880 on the importation of cultural goods – The EU Commission Q&A Part 2

Last month, we published a blog on the European Commission’s second edition of the “Questions & Answers on the EU legislation on the introduction and the import of cultural goods (Regulation (EU) 2019/880)” (the “Q&A”). In that blog, we focused on the second part of the Q&A, namely three hypothetical case scenarios and the Commission’s commentary on those scenarios.

In this blog, we address some of the issues raised by the 43 questions and answers in the first part of the Q&A.

Read More »EU Regulation 2019/880 on the importation of cultural goods – The EU Commission Q&A Part 2

The taste of fraud: The liquorice trail in the Pallot Forgery Trial

Bill Pallot — once considered the foremost authority on French royal furniture — is currently standing trial in France, accused of orchestrating the manufacture and sale of expertly forged antique chairs and other furniture. The trial began on 25 March 2025 and concluded on 2 April 2025 at the Pontoise Criminal Court (in Val-d’Oise).

Known for his distinctive long hair and three-piece suits, Pallot has been described by Vanity Fair as “the world’s leading expert on the works of 18th-century France”, while Paris Match branded him “the Bernard Madoff of art”.

Read More »The taste of fraud: The liquorice trail in the Pallot Forgery Trial

EU Regulation 2019/880 on the importation of cultural goods – The EU Commission Q&A

The European Commission recently released its second edition of the “Questions & Answers on the EU legislation on the introduction and the import of cultural goods (Regulation (EU) 2019/880)” (the “Q&A”).

The Q&A is prefaced as follows: “The present collection of questions and answers aims to inform and raise awareness among stakeholders about the EU legislation on the import of cultural goods. Any case examples given are purely fictional, and any views expressed are not legally binding. Only the European Court of Justice is competent to deliver a binding interpretation of Union legislation”. Whilst this is correct, the Commission’s interpretation of EU legislation carries significant weight.

Read More »EU Regulation 2019/880 on the importation of cultural goods – The EU Commission Q&A

The UK “acceptance in lieu” scheme: How to trade a painting for a tax break

Stephen Weil once compared the art law space to that of the Italian commedia dell’arte: a reality that fascinates not only for the artworks at its heart but also for the dramatis personae by which they are surrounded. The Collector, the Artist and the Dealer on stage; the Tax Man lurking in the wings, ready to pounce.

Read More »The UK “acceptance in lieu” scheme: How to trade a painting for a tax break

US AI Art and Copyright Update – A Story about Cheese

In a landmark decision from the US Copyright Office, the first AI-generated artwork has successfully been granted copyright protection.[1] ‘A Single Piece of American Cheese’ created in 2024 by Kent Keirsey via his generative AI platform, Invoke, was officially granted copyright protection at the end of January 2025. This is the first time that the US has granted legal protection to any form of AI-generated output.

Read More »US AI Art and Copyright Update – A Story about Cheese

UAE Enacts Federal Decree to promote the Arts Sector

The United Arab Emirates has enacted Federal Decree by Law No. (29) of 2024 “On Empowering the Arts Sector”, a landmark law designed to strengthen the cultural sector. The Decree came into force on 13 November 2024.

Whilst the Decree is evidently aimed at promoting the arts in the UAE, artistic activities remain strictly controlled by the State. Practicing any artistic activity without a license is prohibited.

Read More »UAE Enacts Federal Decree to promote the Arts Sector

Safeguarding Artistic Legacy in the Age of AI: The Case of Osamu Tezuka

Osamu Tezuka (1928-1989), known as the “God of Manga,” made a huge impact on comics and animation. His legacy took a new path with the release of Phaedo, a manga created through a mix of AI and human efforts under a project known as TEZUKA 2020. This project aims to honour Tezuka’s pioneering manga style but, as noble as that may be, it raises important questions about how to protect an artist’s legacy in the digital age.

Read More »Safeguarding Artistic Legacy in the Age of AI: The Case of Osamu Tezuka

Sold! Auction houses endorse new technologies for art authentication

Technological progress is transforming the art authentication process. Techniques such as scientific imaging have allowed us to peer beneath the surface of paintings; advanced fluorescent lighting has allowed us to identify specific pigments without damaging the artwork; carbon dating has allowed us to pinpoint the date of creation for certain artworks.

Read More »Sold! Auction houses endorse new technologies for art authentication

Watteau’s Le Rêve de L’artiste: the binding offer mechanism

Recently, a painting by Jean-Antoine Watteau known as Le Rêve de L’Artiste was temporarily barred from leaving the UK. The Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest (RCEWA), a committee advising the Department of Digital, Culture, Media and Sport (DCMS), can defer the grant of an export licence if an artwork is of high quality and/or has a sufficiently significant British connection. The painting by Watteau was deemed one such artwork.

Read More »Watteau’s Le Rêve de L’artiste: the binding offer mechanism

Kneschke -v- LAION

Landgericht Hamburg released on 27 September 2024

In an eagerly awaited decision, the Hamburg Regional Court is now the first in Germany to rule on AI training datasets under copyright law.

Read More »Kneschke -v- LAION

The UK Ivory ban – it can bite when you least expect it

In 2022, the UK introduced an almost total ban on trading in ivory.

The ban currently defines ivory as “elephant ivory” but is set to be expanded to include ivory from other species. Under the forthcoming Ivory Act 2018 (Meaning of “Ivory” and Miscellaneous Amendments) Regulations 2024, the ban will extend to other ivory-bearing species (namely hippopotamuses, killer whales, narwhals, and sperm whales). Although the regulations have yet to come into force, collectors, dealers, and owners of items containing ivory from these species should prepare for the same stringent restrictions that already apply to elephant ivory, ensuring that their historical and artistic objects comply with the new rules.

Read More »The UK Ivory ban – it can bite when you least expect it

The Victorious Youth: A Statue’s Odyssey and the Battle for Cultural Heritage

The fight over the “Victorious Youth,” a captivating bronze statue from antiquity, has taken a dramatic turn. In a recent decision, the European Court of Human Rights (ECHR) sided with Italy, piling pressure on the J. Paul Getty Museum in Los Angeles to return the artwork. We delve into the fascinating story of the Victorious Youth, its journey to the Getty, Italy’s relentless pursuit of its return, and the legal wrangling that culminated in the ECHR’s landmark decision.

Read More »The Victorious Youth: A Statue’s Odyssey and the Battle for Cultural Heritage

Selling Art Online

If you sell art remotely, for example online, but also on the telephone or by email, consider the following questions – it is assumed that English law applies:

How do I conclude sale contracts remotely?

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New Rules to Restrict the Importation of Cultural Property into the EU

In an effort to tackle the trade in illicit cultural property, the EU has introduced a regulation to control the importation of cultural goods. The new import controls discussed below apply in addition to the existing obligation to declare cultural property to customs and pay import VAT in the EU country where the property is being introduced.

Read More »New Rules to Restrict the Importation of Cultural Property into the EU

Galleries’ Management of Artists’ Funds – Protecting the Artist

The market has become all too familiar with news of artists who suffered significant financial loss when their gallery went out of business. What has cost artists the most in these situations is not the gallery’s downfall under the pressures of a ruthless market, but the gallery’s failure to protect the artist’s share of sale proceeds. When a gallery goes insolvent and artists’ funds are mingled with the gallery’s own, artists often find themselves treated as unsecured creditors, in which case their chances of recovering anything become close to nil. Several leading galleries have gone insolvent in the last few years, and in every case artists have lost out. The losses suffered by artists after the Simon Lee Gallery entered administration last July is the most recent example.

Read More »Galleries’ Management of Artists’ Funds – Protecting the Artist

New Rules to Restrict the Importation of Cultural Property into the EU

In an effort to tackle the trade in illicit cultural property, the EU has introduced a regulation to control the importation of cultural goods. The new import controls discussed below apply in addition to the existing obligation to declare cultural property to customs and pay import VAT in the EU country where the property is being introduced.

Read More »New Rules to Restrict the Importation of Cultural Property into the EU

German Supreme Court rules on claim to remove artwork from the Lost Art Database

In a long-awaited judgment published at the end of last week, the German Federal Court of Justice (the higher court of civil and criminal justice in Germany) has ruled that the registration of an artwork on the Lost Art Database, when based on true facts, does not constitute an infringement of property rights, accordingly a claim by the current owner that the party who registered the artwork should remove it from the database, was rejected.

Read More »German Supreme Court rules on claim to remove artwork from the Lost Art Database

The honeymoon is over for the art market and HMRC

Since January 2020, the art market in the UK has enjoyed a honeymoon of sorts with Her Majesty’s Revenue & Customs (HMRC), the UK art market’s anti-money laundering (AML) supervisory authority.  Since this regulator-regulatee relationship began, HMRC  has been a patient and kind partner. However, as with most relationships, this one is evolving past the honeymoon phase.

Read More »The honeymoon is over for the art market and HMRC
Pieter Bruegel the Elder, The (Great) Tower of Babel (c. 1563), oil on wood panel

Inconsistency abounds in how “art” is defined in national anti-money laundering regulations

As if ensuring compliance with money laundering regulations, though essential, was not a sufficiently complex logistical burden on the art market (see our blog on combining both tech and human AML skills to achieve compliance), the lack of consistency around the most basic question: “what is a work of art?” leaves the art market experiencing its own form of “Tower of Babel”.

Read More »Inconsistency abounds in how “art” is defined in national anti-money laundering regulations
Double Agents

Double Agents

The Court of Appeal recently handed down judgment in the case of Prince Eze v Conway,[1] another case on agents and secret commissions. The case… Read More »Double Agents

25th Anniversary

CONSTANTINE CANNON LLP CELEBRATES 25TH ANNIVERSARY With offices in four cities, this law firm is home to among the most prominent practices in Antitrust, Whistleblower,… Read More »25th Anniversary

money-laundering

New Anti-Money Laundering Regulations Target the Art Market

Anti-money laundering laws in the UK are largely outlined in the Money Laundering Regulations 2017 (“Regulations 2017”)[1].  The Regulations 2017, which came into force on 26 June 2017, implemented the EU’s Fourth Anti-Money Laundering Directive (“4AMLD”).  4AMLD aligned EU money laundering laws with international standards, harmonised those laws across the EU and embraced a risk-based approach to respond to the threat of money laundering.

Read More »New Anti-Money Laundering Regulations Target the Art Market
new york court dismisses agnes martin

New York Court Dismisses Claims Against Agnes Martin Authentification Committee

On 5 April 2018, a New York State court dismissed a complaint filed by the Mayor Gallery, a London-based art dealer, against Agnes Martin Catalogue Raisonné LLC (“AMCR”), Arnold Glimcher, the managing member of AMCR’s authentification committee and the owner of the Pace Gallery, Tiffany Bell, the catalogue’s editor, and other members of AMCR’s authentification committee for their refusal to include 13 artworks purportedly by Agnes Martin in the artist’s Catalogue Raisonné. The complaint sought more than $7 million in damages.

Read More »New York Court Dismisses Claims Against Agnes Martin Authentification Committee

Rothko Revisited

Earlier this year, we wrote about the claim brought by Dallas art collector, Marguerite Hoffman, against three defendants, L&M Arts, Studio Capital and David Martinez.… Read More »Rothko Revisited

Crack down on Bribery: a warning to galleries and dealers

The payment of bribes to foreign customs officials to facilitate the importation of goods in a foreign country has recently been in the spotlight after the Ralph Lauren Corporation made facilitation payments to Argentinian customs officials in connection with the importation of goods into the country.

On 22 April 2013, it was reported that the Ralph Lauren Corporation (a US company) would pay over USD 1.6 million to US authorities as part of a settlement for violations of the Foreign Corrupt Practices Act. This followed the discovery that the Argentinian subsidiary of the corporation paid bribes and made gifts to Argentinian customs officials between 2005 and 2009, to ensure that goods were imported into the country without inspection and without necessary paperwork. The corporation discovered the misconduct during an internal review and promptly reported it to the regulators. As a result of its co-operation with the authorities, the Ralph Lauren Corporation has not been charged with violations of the Foreign Corrupt Practices Read More »Crack down on Bribery: a warning to galleries and dealers

The Importation of Video and Light Installations

The Customs Information Paper introducing changes to the temporary removal of goods from Customs Warehousing (see the article on this blog on Changes to the UK Bonded Warehousing Regime) refers to a previous Customs Information Paper (Ref: (10) 44 effective 18 June 2010).  The Annex to that Customs Information Paper seeks to clarify certain procedures for the importation of works of art and antiques for display at galleries, fairs and exhibitions.

The second paragraph of the Annex reads: “Some art works currently being imported into the UK are described as “art installations” or “light installations”.  These typically include some form of audio visual presentations or light display and current practice was to classify these installations according to their constituent parts and not as “art” in Chapter 97 of the Tariff”.  This is a reference to HMRC’s inept argument that a video installation (e.g. by artist Bill Viola) or a light installation (e.g. by artist Dan Flavin) cannot be imported in the UK as an artwork simply because it is disassembled and crated for shipping.  The fact that these art pieces are imported packed in boxes means, so argues HMRC, that they must be taxed as light bulbs, video screens and electric wires, because this is how these artworks appear to HMRC officials when they are wheeled through Customs.  The sub-text is that HMRC officials are so devoid of natural intelligence that they cannot make the difference between an artwork by a world-famous artist (even when it is accompanied by a certificate of authenticity signed by the artist) and a bunch of wires.  Tax should be levied, HMRC go on to say, at the rate applied to electrical and video apparatus, i.e. currently 20% instead of 5% for works of art.  Customs duty should be levied too, as it applies to electrical and video equipment, not to works of art.  This might have been mildly ridiculous, had HMRC not also argued that the higher rate of tax and duty should be applied not on the retail value of the electrical or video equipment (a few hundred pounds) but on the value declared by the importer being the value of an artwork by the artist (typically several hundred thousand pounds).Read More »The Importation of Video and Light Installations