Art @Law

Archive: 2017 (Jul-Dec)

Data protection reform brings significant risk to UK art businesses

06/10/2017

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 the business. It used to be the case that only competition law was seen to be exceptional in terms of the eye-watering fines imposed by the regulators. More recently, however, non-compliance in other areas has been tightened and businesses really need to “up” their game. Data protection is an example.  The upcoming reform of data

Cassirer v Thyssen-Bornemisza: California Court revives claim to Pissarro yet again

28/09/2017

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 law will the Court apply to the issues it is being asked to consider? Has the current possessor acquired ownership of the artwork? Is the claim to the artwork barred by limitation? Each claim to looted art can turn on the answer to one of these questions, and have a radically different outcome, depending on

A (very) small step towards a liberalisation of Italian export controls

27/09/2017

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 stagnation of the art market in Italy was originally promoted by Progetto Apollo, an association of art dealers, auction houses and other professionals operating in the art market. The legal advisor of the group, Italian art lawyer Giuseppe Calabi, has commented positively on the recent amendments by saying that the reform has established a reasonable balance between heritage protection and