In our previous blog article, we discussed the implications of the FCA Business Interruption test case on art market participants. This article is directed at… Read More »FCA Business Interruption Test Case: are you covered?
The economic crime levy – a significant blow for the British art market on the horizon? Earlier this year the Chancellor unexpectedly announced the Government’s… Read More »Economic Crime Levy
Finance Act 2020 reintroduces Crown preference in an insolvency – in respect of some taxes Following Royal Assent in the summer of 2020, the Finance… Read More »The taxman’s preference on insolvency returns to England and Wales: things that art lenders should know (and borrowers too)
On 15 September 2020, the High Court handed down judgment in the COVID-19 Business Interruption Insurance test case brought by the FCA. Policies under review… Read More »Galleries to qualify for COVID pay-out from insurers
Art@Law | Constantine Cannon Europe Stolen collection of antiquarian books worth £2.5m recovered from underground store in Romania: A collection of rare books valued at more… Read More »21 September 2020
Art@Law | Constantine Cannon Europe Keeping it in the family: Charles Saatchi’s daughter to open huge London gallery: The 26-year-old daughter of the former advertising mogul… Read More »14 September 2020
Art@Law | Constantine Cannon Europe Bailout fail? Fewer than half of museums in England apply for government’s £1.57bn rescue package: According to figures obtained by The Art… Read More »7 September 2020
Art@Law | Constantine Cannon Europe Art market will be given more time to register under Money Laundering Directive: Originally the deadline was set for January 2021.… Read More »2 September 2020
Art@Law | Constantine Cannon Europe Frank Bowling is locked in a $39.2 million legal battle with his former London gallery: The painter Frank Bowling is currently locked… Read More »25 August 2020
In February 2020, Lord Stevenson of Balmacara sponsored the Goods Mortgages Bill as a Private Member’s Bill starting in the House of Lords. This followed… Read More »The Goods Mortgages Bill – A Major Reform of the Bills of Sale Acts
Art@Law | Constantine Cannon Europe How recent anti-racism protests have pushed a longstanding debate about colonial looting in Europe: The conversation around the removal of monuments… Read More »17 August 2020
On 30 July 2020, the UK Supreme Court rejected the application made by the Friends of Antique Cultural Treasures Ltd (“FACT”) for permission to further… Read More »Ivory Act: UK Supreme Court rejects application to appeal
Art@Law | Constantine Cannon Europe Tourist posing with 200-year-old sculpture breaks its toes: An Austrian man has apologized for the damage he caused to a Canova sculpture,… Read More »10 August 2020
Art@Law | Constantine Cannon Europe Vienna’s Kunsthistorisches Museum seeks to recover ancient Egyptian jars before auction: A lawyer for Vienna’s Kunsthistorisches Museum has called on a… Read More »27 July 2020
Art@Law | Constantine Cannon We are pleased to report that Chambers and Partners has ranked Constantine Cannon Art & Cultural Property Team in the top tier “Band 1” of… Read More »20 July 2020
Art@Law | Constantine Cannon Europe Sotheby’s to auction £4m restituted Bellotto painting that Jewish retail magnate was forced to sell to Hitler: A painting considered one of Bernado… Read More »13 July 2020
Art@Law | Constantine Cannon Europe Coronavirus: Arts sector applauds £1.6bn bailout: Cultural leaders have welcomed an unprecedented billion-pound bailout of the arts, which was hailed as… Read More »6 July 2020
Art@Law | Constantine Cannon Europe Paris dealer who sold golden sarcophagus to New York’s Metropolitan Museum charged with fraud and money laundering: The French dealer Christophe… Read More »29 June 2020
Art@Law | Constantine Cannon Europe Experts call for regulation after latest botched art restoration in Spain: Conservation experts in Spain have called for a tightening of… Read More »23 June 2020
Art@Law | Constantine Cannon Europe Trial of Paris gallery over stolen Picasso works delayed until next year due to coronavirus court backlog: The trial of the… Read More »16 June 2020
On 20 May 2020, the Supreme Court of the UK handed down a judgment considering the categorisation as “listed buildings” of a pair of early… Read More »The Supreme Court considers the issue of Garden Ornaments under the Listed Buildings regime
Art@Law | Constantine Cannon Europe What is a listed building? The Supreme Court provides clarity: The IAL has been closely following the case of Mr Dill… Read More »8 June 2020
Art@Law | Constantine Cannon Europe Research on Gurlitt Trove of art possibly looted by Nazis concludes, offering few answers: One of the most publicised cases of potentially Nazi-looted art began in 2010, when… Read More »1 June 2020
Question: I have sold a painting on consignment, I have received payment from the buyer and I would like to delay paying the seller and… Read More »Q&A – Can I use client funds to pay business expenses?
Art@Law | Constantine Cannon Europe Supreme Court the final option in Ivory Act case: Friends of Antique Cultural Treasures (FACT) Ltd, a company set up by… Read More »26 May 2020
Much has been written about the controversial Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and… Read More »Directive on Copyright in the Digital Single Market
The Court of Appeal of England and Wales has handed down a judgment in the judicial review proceedings brought by a group of antique dealers and collectors (Friends of Antique Treasures Limited, or “FACT”) against the Ivory Act 2018 (the “Act”), one of the world’s toughest bans.
Art@Law | Constantine Cannon Europe Italian museums start to reopen from today after €55bn lifeline from government: Italy’s museums have taken a financial blow over the… Read More »18 May 2020
Facts In February, the scientific committee of the Uffizi[1] resigned en masse. They objected to the director’s decision to loan Raphael’s portrait of Pope Leo… Read More »Debate over Raphael Loan Leads Entire Scientific Committee of Uffizi Gallery to Resign
In recent years, artworks by appropriation artist Jeff Koons have come under scrutiny in French courts. In 2018, the High Court of Paris ordered Jeff… Read More »Jeff Koons – A creative process under scrutiny
Around mid-March 2020, the potential buyer of an impressionist artwork asked our client, the seller, to ship the work from the United Kingdom to the… Read More »Force Majeure and Covid-19
Introduction On 10 January 2020, the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (Regulations 2019) came into force in the United Kingdom. Regulations 2019… Read More »Anti-Money Laundering – What has changed
Question: I need liquidity and I am looking at taking out a loan against my stock, what are my options and what do I need… Read More »Q&A – Raising cash against stock when cash is in short supply
Art@Law | Constantine Cannon Europe Art arbitration panel in The Hague steps up a gear to tackle complex disputes: The specialist Court of Arbitration for Art… Read More »11 May 2020
Art@Law | Constantine Cannon Europe French galleries and ‘small museums’ to re-open in stages from 11 May: Galleries and “small museums” in France could reopen from… Read More »4 May 2020
Art@Law | Constantine Cannon Europe Museums wrangle to extend exhibition loans beyond lockdown: The closure of museums worldwide due to Coronavirus has raised the complicated question of… Read More »27 April 2020
Question: Salaries are a significant overhead and I am looking for ways to look after and retain staff, whilst also protecting the business for the… Read More »Q&A – Staffing and managing costs
Question: I have sold a painting but because of Covid-19, the buyer wants to renegotiate the price. Must I accept a lower price? Can I… Read More »Q&A – Price renegotiation
Question: I have stock stored at a fine art shipper in England and I am concerned that they might go into administration. What happens to… Read More »Q&A – Shipper – insolvency
Question: My gallery space is shut and I want to start selling my stock online or via email. What rules do I need to keep… Read More »Q&A – Selling online
Question: I have completed the sale of a painting except that I cannot deliver it to the buyer by the agreed date because I cannot… Read More »Q&A – Delayed Delivery
Art@Law | Constantine Cannon Europe Art galleries in Germany to reopen this week: Last Wednesday, the German government announced that it would begin to lift the country’s lockdown. As… Read More »20 April 2020
Question: I am a dealer and have sold a valuable artwork from stock. Payment was due last week. The client says that he cannot pay… Read More »Q&A – Delayed payment
Question: I have lent a valuable painting to a museum in Europe. Due to Covid-19, the museum has temporarily shut its doors without any firm… Read More »Q&A – Loan to an exhibition
Question: Can I suspend or cancel a contract concluded before Covid-19 became a pandemic and that I cannot perform in the current climate? Answer: The… Read More »Q&A – Frustration
Question: I hear that one can rely on ‘Force Majeure’ as a way out of a contract. What is ‘Force Majeure’ and how does it… Read More »Q&A – Force Majeure
Question: I will struggle paying rent and rates in the foreseeable future. Can I suspend making payments? What is the risk that I shall forfeit… Read More »Q&A – Tenancy, rent & business rates
Art@Law | Constantine Cannon Europe New York court rules Call of Duty video game as art: A New York judge has ruled that a video game… Read More »14 April 2020
Art@Law | Constantine Cannon Europe British museum set to return sacred artefacts that belonged to indigenous Canadian chief: The Royal Albert Memorial Museum is reportedly planning… Read More »06 April 2020
Art@Law | Constantine Cannon Our Response to the Coronavirus Crisis Like organisations around the globe, Constantine Cannon is taking steps to remain fully operational while responding to… Read More »30 March 2020
Art@Law | Constantine Cannon Europe Christie’s switches focus to private sales and postpones auctions to deal with coronavirus: Christie’s London office closed at the end of the… Read More »23 March 2020
Art@Law | Constantine Cannon Europe Historic, high-value paintings stolen from Oxford college gallery: Three high-value paintings have been stolen in a burglary at Christ Church Picture… Read More »16 March 2020
Art@Law | Constantine Cannon Europe Fairs in a time of coronavirus: trepidation turns to relief at a quieter—but not disastrous—Tefaf Maastricht: Trepidation among the 285 exhibitors was palpable… Read More »9 March 2020
Art@Law | Constantine Cannon Europe Newly attributed Artemisia Gentileschi painting of David and Goliath revealed in London: Ahead of the first major UK exhibition of the… Read More »2 March 2020
Art@Law | Constantine Cannon Europe Italy hands Nazi-looted Renaissance sculpture from the Uffizi to Germany: Italy has handed over to Germany a Renaissance statue that was… Read More »24 February 2020
Art@Law | Constantine Cannon Europe France Returns Nazi-Looted Porcelain to Family: After discovering that 17 Sèvres porcelain pieces in its holdings were looted by the Nazis… Read More »17 February 2020
Art@Law | Constantine Cannon Europe Guidance for anti-money laundering regulation published: The new rules (applying the 5th Money Laundering Directive known as 5MLD) took effect on… Read More »10 February 2020
Art@Law | Constantine Cannon Europe Certosa di Trisulti and Steve Bannon: The Controversial Lease of a Public Cultural Heritage Site: Certosa di Trisulti is a historic… Read More »3 February 2020
Art@Law | Constantine Cannon Europe ‘Like Noah’s ark’: Polish art collection with chequered history back on show: The fate of the Czartoryski collection has been a mirror of Polish… Read More »27 January 2020
Art@Law | Constantine Cannon Europe Van Gogh Self-Portrait Is Genuine, Study Finds, Ending Decades of Doubt: After years of doubts about its authenticity, experts in Amsterdam… Read More »20 January 2020
Art@Law | Constantine Cannon Europe Why do courts lack conviction in art cases?: The collapse of a high-profile case in November surrounding the theft of… Read More »13 January 2020
Europe Collectors linked to controversy over counterfeit Russian artworks arrested in Belgium: Collectors Igor and Olga Toporovsky, who allegedly lent fake works to the Museum… Read More »09 January 2020
Europe Dozens of ‘Goyas’ are not by the master’s own hand, claims art historian: The authenticity of dozens of Goya paintings is being questioned by… Read More »30 December 2019
Europe Mysterious Museum Theft Recovery. The long-missing shield gifted to Italy’s General Garibaldi has been recovered in Rome: Last week, officers from the operational department… Read More »23 December 2019
After one of the world’s toughest bans on ivory trade received Royal Assent in the UK late last year, a group of antique dealers and… Read More »Ivory Act UK: High Court Judgment and Permission to Appeal
Europe Spanish police investigate nuns over religious sculpture that surfaced at Tefaf last month: Spain’s national police are investigating whether a 17th century wooden sculpture… Read More »16 December 2019
Europe The Nazis Purged German Museums of Thousands of ‘Degenerate’ Works. Now an Expressionist Painting Sold by Hildebrand Gurlitt Has Gone Home: A German museum… Read More »09 December 2019
On 15 November 2019, the Special Advisor for Holocaust Issues to the US government, Ambassador Stuart E. Eizenstat, delivered a keynote speech at the French… Read More »Eleven action points proposed for better implementation of Washington Principles
Europe Minister: I’ll stop Magna Carta being sold abroad: An export ban could be placed on the sale of a version of Magna Carta from… Read More »02 December 2019
Europe Half of Shakespeare’s ‘Henry VIII’ was written by another playwright, a new analysis shows: It is widely accepted that Shakespeare worked with an uncredited… Read More »25 November 2019
Europe Recovered: Ring once owned by Irish poet and playwright Oscar Wilde: Engraved with Greek lettering, a gold ring donated by the Irish poet and… Read More »18 November 2019
Europe Museum Theft: Numismatic thieves also strike at the Museo Civico Archeologico in Castiglion Fiorentino: In the second of two museum thefts reported in Italy… Read More »11 November 2019
Europe ‘£100m works of art’ on loan to Prince Charles are mine, claims US forger Tony Tetro: The works were lent to Prince Charles by… Read More »04 November 2019
Europe ‘Kitchen Cimabue’ sells for €24.1m: A 13th century painting of the Mocking of Christ, found in an elderly woman’s kitchen and attributed to the… Read More »28 October 2019
In September 2018, Ares Design Modena S.r.l. (“Ares”), a Modena-based coachbuilder, announced that it would produce and commercialise a modern replica of the Ferrari 250… Read More »The Ferrari 250 GTO is a work of art, says Italian Court
Europe Christie’s sells £1.5m of art linked to ‘fraud’ financier: Art dealers have raised concerns over a £1.5 million collection of works being offered by… Read More »21 October 2019
Europe Arts Council in the frame for cut of RTE’s money from Sotheby’s art sale: The Arts Council is to get half the proceeds of… Read More »14 October 2019
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
Europe ‘London’s resilience, creativity and innovation will help us to keep open for the world’: “London is maintaining its position as a global financial capital,… Read More »07 October 2019
We are extremely proud to announce that a member of our Art & Cultural Property Law Group, Azmina Jasani, has been promoted to partner. Azmina… Read More »30 September 2019
Art@Law | Constantine Cannon Europe After 30 Years, a Stolen Renaissance Masterpiece Returns to Italy With a Show in the Artist’s Hometown: It took nearly… Read More »26 August 2019
Europe Suspended Maltese parish priest arrested for church-related art thefts: A Maltese parish priest has been suspended from his duties pending the outcome of an… Read More »23 September 2019
Europe Maurizio Cattelan Golden Toilet Sculpture Stolen from Exhibition in England: Just a few days after it went on view to the public in England,… Read More »16 September 2019
Europe Leonardo Da Vinci May Have Painted Another ‘Mona Lisa.’ Now, There Is A Legal Battle Over Its Ownership: The “Isleworth Mona Lisa” bears an… Read More »09 September 2019
Art@Law | Constantine Cannon Europe Imagine no graffiti: new regulation to fall on Prague’s Lennon wall: Prague’s Lennon wall, long a symbol of free expression… Read More »05 August 2019
Art@Law | Constantine Cannon Europe Paris court rules against one family’s request for restitution of art seized during WWII: When Claire Touchard entered the Paris… Read More »02 September 2019
Art@Law | Constantine Cannon Europe London art market braced for no-deal Brexit tax hikes: The London art market is bracing itself for international galleries and… Read More »19 August 2019
Art@Law | Constantine Cannon Europe Monet’s Venetian Doge’s Palace painting blocked from leaving the UK: Arts minister Rebecca Pow placed the temporary bar on the… Read More »12 August 2019
Art@Law | Constantine Cannon Europe To deal or not to deal: provenance and morality in recent sale at Christie’s: Earlier this month, controversy surrounded one… Read More »29 July 2019
Art@Law | Constantine Cannon Europe Turner’s Walton Bridges heads to Norwich Castle after being saved for the nation: At the London auction, it sold to… Read More »22 July 2019
Art@Law | Constantine Cannon Europe Changes to the Artist’s Resale Right regime in Italy: The Guidelines issued on 1 February 2019 clarified the way in… Read More »15 July 2019
Art@Law | Constantine Cannon Europe Élysée Palace looks for its mass of lost art: Police are investigating the disappearance of artworks from the French presidency… Read More »08 July 2019
Art@Law | Constantine Cannon Europe Ministers block export of 18th century watercolour by “genius” landscape artist: An 18th century watercolour by the artist who John… Read More »01 July 2019
The International Catalogue Raisonné Association (ICRA) will launch on Monday, July 1 at the Royal Academy in London. ICRA is the brainchild of its board,… Read More »New association for catalogue raisonné creators ‘will help stem flow of art fakes onto the market’
ICRA is a not-for-profit, membership-based association whose mission is to support all those working on catalogue raisonné projects including artists, representatives of artists’ estates, academics,… Read More »Constantine Cannon LLP are delighted to announce the launch of ICRA in London on 1 July 2019.
Art@Law | Constantine Cannon Europe Lost Version of Delacroix Masterpiece Goes on View After Being Found in Paris Apartment: French painter Eugène Delacroix did many… Read More »24 June 2019
Art@Law | Constantine Cannon Europe Mass theft of art from East German citizens revealed in new report: A pilot project to assess the scale of… Read More »17 June 2019
In November 2018, scholars Felwine Sarr and Bénédicte Savoy published a report commissioned by the French President, Emmanuel Macron, entitled The Restitution of African Cultural… Read More »A New Wave of Cultural Restitution
Cassirer v Thyssen-Bornemisza – Latest US Ruling Upholds Spanish Museum’s Ownership of a Pissarro Painting yet invites Spain to respect the Washington Principles We return… Read More »Acting in Good Faith?
As reported in a prior blog, the EU is looking to tackle the trade in illicit cultural goods by introducing import controls at EU borders.… Read More »Adoption of the Regulation on the Import of Cultural Goods: Start Preparing Now!
Art@Law | Constantine Cannon Europe Picasso Painting Once the Subject of Nazi-Loot Lawsuit to Appear at Zurich Art Weekend: A Pablo Picasso painting that was… Read More »10 June 2019
Art@Law | Constantine Cannon Europe Consultation on the trade in non-elephant ivory launched by government: A consultation into the trade of non-elephant ivory has been… Read More »03 June 2019
Art@Law | Constantine Cannon Europe Hugh Lane art deal brushed with spy tactics: This summer, as they have done four times previously, arts officials in… Read More »27 May 2019
Art@Law | Constantine Cannon Europe Judge dismisses appeal against Simon de Pury in court case over ‘gentleman’s agreement’: Lord Justice Lewison dismissed the appeal at… Read More »20 May 2019
Art@Law | Constantine Cannon Europe Locked out via legal loophole: artists evicted from London studios following ‘administrative error’: Twenty-five London-based artists have been locked out… Read More »13 May 2019
Art@Law | Constantine Cannon Europe Photo London rescinds partnership with Brunei’s Dorchester Collection after protests: Photo London is scrambling to distance itself from a partnership… Read More »05 May 2019
Art@Law | Constantine Cannon Europe Italian prosecutor claims Medieval missal in Morgan Library was stolen from parish church: An Italian prosecutor is pressing a claim… Read More »29 April 2019
Art@Law | Constantine Cannon Europe Search for UK buyer to pay £11.5m for Old Master drawing blocked from export: Young Man Standing was purchased last… Read More »22 April 2019
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
Art@Law | Constantine Cannon Europe Kamel Mennour to show controversial ‘rediscovered’ Caravaggio in Paris gallery: The painting of Judith beheading Holofernes, somewhat controversially attributed to… Read More »14 April 2019
Art@Law | Constantine Cannon Europe Can the Art World Kick its Addiction to Tobacco Sponsorship?: When it comes to donations, the world’s art museums currently… Read More »08 April 2019
Art@Law | Constantine Cannon Europe Norway Will Return Thousands of Objects to Easter Island That Were Taken by an Explorer More than 60 Years Ago:… Read More »01 April 2019
Art@Law | Constantine Cannon Europe Controversial auction of Hertfordshire council’s art collection sells out for £444,000: An auction of works from the collection of the… Read More »25 March 2019
Pest Control Office Limited (the company acting on behalf of the artist Banksy) has recently sued 24 Ore Cultura S.r.l. (part of the 24 Ore… Read More »Banksy’s (visual) protest brought to Court in Italy
The French Supreme Court has put an end to an eight year-long legal battle over the payment of the artist’s resale royalty in France. The… Read More »Artist’s Resale Right in France: A new decision
Art@Law | Constantine Cannon Europe Lyon & Turnbull latest auction house to stop selling rhino horn: It joins Sotheby’s and Bonhams in recently banning the… Read More »18 March 2019
Art@Law | Constantine Cannon Europe Italian scholars unveil Leonardo da Vinci’s ‘only surviving sculpture’: The curators of an exhibition in Florence have this week unveiled… Read More »11 March 2019
Art@Law | Constantine Cannon Europe Singer Sargent painting blocked from export by government in hope of finding UK buyer: Sargent’s In the Austrian Tyrol was… Read More »04 March 2019
Art@Law | Constantine Cannon Europe Faking Hitler: the story behind a sinister market: Family-owned Auktionshaus Weidler perches on a cobbled street that winds uphill to… Read More »27 February 2019
At the end of 2018, the Department for Digital, Culture, Media & Sport (DCMS) opened a consultation on the proposed changes that would introduce a… Read More »DCMS Consultation on National Treasures: Final Chance To Have Your Say!
Art@Law | Constantine Cannon Europe Germany Is Returning Artifacts Stolen From a Namibian Freedom Fighter During Its Colonial Rule: The German city of Stuttgart will… Read More »18 February 2019
Europe ‘It’s a Beatle haircut’: historian claims 15th-century portrait is from the 1960s: To the National Gallery, the man depicted in the masterpiece that hangs… Read More »04 February 2019
Europe Banksy tribute to Bataclan terror victims stolen in Paris: An artwork by the British artist Banksy painted as a tribute to the victims of… Read More »28 January 2019
Europe Experts pour cold water on Klimt discovery in Hungary: The unveiling this week of an Art Nouveau plaster relief, said to have been designed… Read More »21 January 2019
2018 was the European Year of Cultural Heritage, during which the EU pledged to take action to stem the illicit trafficking of cultural goods both… Read More »The Proposed EU Regulations on the Import of Cultural Goods
A recent ruling by the Advertising Standards Authority (ASA) reminds auctioneers that estimates in auction catalogues must make clear that charges apply in addition to… Read More »Christie’s Gets a Slap on the Wrist from the Advertising Standards Authority
Europe The French Burglar Who Pulled Off His Generation’s Biggest Art Heist: Long before the burglar Vjeran Tomic became the talk of Paris, he honed… Read More »14 January 2019
On 26-28 November 2018, Germany hosted a conference to mark the 20th anniversary of the Washington Principles. Twenty years earlier, 44 governments had participated in… Read More »Architect of Washington Principles takes stock
Europe Musée d’Orsay Closes Amid Yellow Vests Protest in Paris: On Saturday, a protest by the Yellow Vests in Paris led the Musée d’Orsay to… Read More »07 January 2019
Art@Law | Constantine Cannon Europe National Gallery of Ireland must raise €10m towards €54m final phase: The government has told the National Gallery of Ireland it… Read More »31 December 2018
Art@Law | Constantine Cannon Europe Dutch policy on Nazi-loot restitutions under fire: The Dutch government’s policy in handling Nazi-looted art claims for works in public museums… Read More »24 December 2018
Art@Law | Constantine Cannon Europe More powers to keep art treasures in Britain: The gentlemen’s agreement that has governed attempts to prevent the export of art… Read More »17 December 2018
Art@Law | Constantine Cannon Europe Belgium’s revamped Africa Museum triggers request by DRC: The reopening of Belgium’s Africa Museum, a former colonial institution holding one of… Read More »10 December 2018
Art@Law | Constantine Cannon Europe UK issues export bar for £3.4m Turner masterpiece sold at Sotheby’s auction: Following an application for an export licence by its… Read More »3 December 2018
The export office of the City of Bologna has recently attracted media attention following the revocation of an export licence granted for a portrait of… Read More »The export office of the City of Bologna revokes the export licence granted for a portrait of Camillo Borghese by Gérard
What is a Catalogue Raisonné? The purpose of a catalogue raisonné is to record all known artworks by an artist and to provide information such… Read More »Preserving the Œuvre: The Significance of Catalogues Raisonnés
Art@Law | Constantine Cannon Europe Jeff Koons loses French lawsuit over ‘slavish copy’ of Naf Naf advert: Jeff Koons has been found guilty of plagiarising a 1980s advertising… Read More »12 November 2018
Art@Law | Constantine Cannon Europe V&A is turned inside out to win space race: If you’ve ever been curious about what goes on beyond a museum’s… Read More »6 November 2018
Art@Law | Constantine Cannon Europe UK’s biggest art prize Artes Mundi brings international politics to Wales: Meteors made of chicken wire and papier-mâché are joined by… Read More »29 October 2018
Art@Law | Constantine Cannon Europe MO good news for the Baltic art scene: The Baltic contemporary art scene got a boost yesterday (18 October), when the… Read More »23 October 2018
Art@Law | Constantine Cannon Europe Monuments Men unit to stop looting in Syria: A Gulf War tank commander with a background in art dealing has been… Read More »15 October 2018
Art@Law | Constantine Cannon Europe Banksy Painting Self-Destructs After Fetching $1.4 Million at Sotheby’s: The British street artist Banksy pulled off one of his most spectacular… Read More »8 October 2018
Art@Law | Constantine Cannon Europe Hard, soft or no-deal: how the UK art market is preparing for Brexit: Much debate continues to fill the opinion columns… Read More »1 October 2018
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… Read More »New Anti-Money Laundering Regulations Target the Art Market
A few months ago, the Piero Manzoni Foundation published a video showing the destruction of 39 alleged forgeries that were attributed to Piero Manzoni by… Read More »The Piero Manzoni Foundation and the destruction of 39 works
Art@Law | Constantine Cannon Europe Leaked document on EU import licensing proposals is deeply concerning, say dealer associations: The European Parliament has delayed a vote on… Read More »24 August 2018
Art@Law | Constantine Cannon Europe Italian police recover two stolen paintings attributed to masters Rubens and Renoir: Police in northern Italy have located paintings attributed to Peter… Read More »25 July 2018
Art@Law | Constantine Cannon Europe Cézanne’s Heirs and the Kunstmuseum Bern Reach a Historic Agreement Over a Mysterious Cézanne in the Gurlitt Trove: Paul Cézanne’s family has reached… Read More »5 July 2018
Art@Law | Constantine Cannon Europe Art dealers slam proposed European Union licence regulations: The European Union is considering stringent new import licence regulations on cultural goods… Read More »21 June 2018
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… Read More »New York Court Dismisses Claims Against Agnes Martin Authentification Committee
Art@Law | Constantine Cannon Europe European Union tightens anti-money-laundering rules in the art market: On 19 April, the European Parliament adopted the fifth Anti-Money-Laundering directive, which… Read More »3 May 2018
Following last summer’s amendments to the Italian export legal framework (see our blog of 27 September 2017), additional changes to the export licensing process have… Read More »Another small step towards a liberalisation of Italian export controls
For businesses in the art sector and beyond, legal compliance is becoming increasingly crucial, as infringements have the potential to undermine the very survival of… Read More »Data protection reform brings significant risk to UK art businesses
Like so many court cases dealing with claims to Nazi-looted art, the Cassirer v Thyssen-Bornemisza case has placed much emphasis on the following questions: Which… Read More »Cassirer v Thyssen-Bornemisza: California Court revives claim to Pissarro yet again
Traditionally considered among the strictest in Europe, Italian export regulations have just been amended following an almost three-year debate. The discussion on the reasons for the… Read More »A (very) small step towards a liberalisation of Italian export controls
Introduction The UK Money Laundering Regulations 2017 (“Regulations 2017”) which implement the EU’s Fourth Money Laundering Directive (“4MLD”) came into force on 26 June 2017,… Read More »The UK Money Laundering Regulations 2017: key changes and impact for art businesses
Certain types of businesses fall within the regulated sector for EU anti-money laundering, such as banks, wider financial institutions, law firms, accountancy businesses and estate… Read More »The Regulation of the Art Trade for Anti-Money Laundering in the EU
In a recent judgment, a Milan Court rejected a claim for the loss of value of a sculpture loaned by an Italian public entity to… Read More »An Italian story of bad luck and lack of diligence
On 27 February 2017, a New York State Court[1] held that Lisa Jacobs, a fine art dealer and private curator, breached the fiduciary duties she… Read More »Faithless Servants and the Law: Fine Art Dealers Beware
On 9 March 2017, a French High Court held that a 1988 sculpture by appropriation artist Jeff Koons, Naked, infringed on the copyright of the… Read More »Appropriation Art Takes Another Hit in European Courts
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… Read More »The UK Competition and Markets Authority opens an investigation into auction services
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… Read More »Series on Art Restitution – Nazi Looted Art
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… Read More »Series on Art Restitution – Bolshevik Looted Art
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… Read More »Series on Art Restitution – Stasi Looted Art
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… Read More »Is this a rebellion? No Sir, this is a revolution
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… Read More »The Tale of the Two Cranachs
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… Read More »Update – New German Export Provisions for the “Protection of Cultural Property” now in force
On 30 June 2016, the European Commission and the European Investment Fund (EIF) launched a €121 million guarantee initiative, the “Cultural and Creative Sectors Guarantee… Read More »A new Guarantee Facility for the Culture and Creative Sectors
The Comisión Nacional de los Mercados y la Competencia (“CNMC”) is the independent authority in charge of both competition and regulatory matters in Spain. Its… Read More »Spain: Competition Authority investigates Art Logistics Companies
Less than a week after the British EU Referendum, it is becoming increasingly obvious that the vote to “Leave” has settled nothing. This is because… Read More »Brexit: the long road ahead
Last month, collectors Domenico and Eleanore De Sole settled their claims against the now defunct Knoedler Gallery and its former president and director, Ann Freedman.… Read More »De Sole v. Knoedler Gallery – A Field of Red Flags
Since 1955, it has been possible for Germany’s 16 states to register on a list of objects of national cultural importance artworks that are considered… Read More »Protecting national heritage or stifling the German Art Market?
Since 1 January 2016, art collectors and art businesses dealing in art, or storing art, in Switzerland must comply with new anti-money laundering and terrorist… Read More »Switzerland revisits laws on anti-money laundering and terrorist financing
Lending against art is on the rise. In a survey conducted by Deloitte and ArtTactic for their Art and Finance Report 2014, 48% of collectors… Read More »Reform of Bills of Sale could offer a welcome boost to England’s Art Lending Market
In November 2015, the (UK) Museums Association approved a new version of the Code of Ethics for Museums. The Code is one of a series… Read More »The New Code of Ethics of the Museums Association
On 4 December 2014, Larry Gagosian won a protracted, hostile, and expensive court battle against his long-time friend and client Ronald Perelman. The dispute arose… Read More »When it comes to business, a longstanding friendship will not save the day
On 15 June 2015, the New York State Senate approved a bill, S1229A-2015 (the “Bill”) to amend New York Arts and Cultural Affairs Law (“NYACAL”)… Read More »A New York State Bill Seeking to Protect Art Authenticators
Off-Premises Sales: the Consumer Goes on an Excursion… At the Art Business Conference last September organised in London by Art Market Minds, a delegate asked… Read More »The pitfalls of selling art to consumers – Three short stories
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
As of 1 October 2014, three new exceptions to copyright infringement have come into force in the UK. The new exceptions affect the way in… Read More »Changes to Copyright Exceptions
Foundations are often established to manage large art collections after the death of the art collector. Unfortunately, the interests of the collector’s heirs do not… Read More »Peggy Guggenheim – when the heirs and the foundation disagree
New regulations aimed at protecting consumers come into force in the UK on 13 June 2014. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations… Read More »The impact of new consumer protection on dealer and gallery sales
French courtrooms are no strangers to disputes over the authenticity of artworks. Over the past 15 years, the French judiciary has repeatedly been called upon… Read More »Expert opinion: a U-turn by the French Supreme Court
As part of the broader EU reform of consumer protection, the UK has implemented a number of legislative changes substantially strengthening consumer rights. One of… Read More »The new UK payment surcharges regulations and their effect on art market transactions
In response to the perceived risk to investors and to the stability of the European financial market, the activities of alternative investment fund managers are… Read More »Considering the murky world of AIFMD and its impact on art fund managers
Art dealers regularly bid at auction in partnership with other art dealers. The law does not object to joint bidding provided that certain conditions are… Read More »Changes in the law make auction rings easier to prosecute, but is the regulatory framework still fit for purpose?
Over a period of seven months, the Paris Court of Appeal has reached two different decisions over whether Christie’s France can collect from the buyer… Read More »Artist’s Resale Right in France: The Economic Burden Revisited
When, in 2007, Marguerite Hoffman, a prominent Dallas art collector, decided to sell a major painting by Mark Rothko (Untitled, 1961), she insisted on confidentiality. … Read More »The Price of Confidentiality
The discovery in a Munich flat of a hoard of over 1400 artworks acquired by Hildebrand Gurlitt in dubious circumstances during the Second World War… Read More »Out of the Shadow of the Third Reich
An increasing number of dealers in art and antiques are making sales online. Whilst legal principles relevant to the sale of goods in person apply… Read More »Online Trading – Art Dealers Beware
In Europe, banks and other specialist providers of loans against art, antiques and collectible items have often no choice but to take possession of the… Read More »Art Finance – Leaving the art on the borrower’s walls
Under EU law, consumers buying goods from a trader at a distance, or from a trader face-to-face but outside the trader’s usual business premises, have… Read More »Danger Ahead – Auctions Undermined by New Consumer Protection
Art collectors are often unable to display their entire collection in their homes. They keep part of it in storage, or they lend it to museums.… Read More »Borrowing Against Your Art
International sanctions are actions taken by one country against another, either unilaterally or multilaterally. Their aim is to change the behaviour of the target country’s… Read More »Trading with the Enemy
The destruction of fakes at the behest of artist committees is a long standing practice in France. In two recent decisions both involving artworks signed… Read More »The Destruction of Fakes
The European Commission has unveiled plans to strengthen the Restitution Directive. Council Directive 93/7 EEC on the return of cultural objects unlawfully removed from the… Read More »The Recovery of Unlawfully Exported Cultural Property with the European Union – The European Commission has a Plan
The importation of goods into the European Union is subject to import VAT. The rate of import VAT varies from EU country to EU country.… Read More »Import VAT and the Free Movement of Goods within the European Union