Art law

San Francisco’s Asian Art Museum sues architect and construction company behind new $38m pavilion

The museum says that Why Architects and Swinerton Builders “failed to meet even the minimum museum-quality standards”

US authorities return seven Schiele works to heirs of cabaret performer murdered by the Nazis

The seven drawings, seized from public and private collections throughout the US, are collectively valued at nearly $10m

Gagosian notches victory in lawsuit brought by photographer over Richard Prince’s New Portraits series

The gallery will not have to pay Donald Graham for any “unrealised profits” related to Prince’s appropriation of the photographer’s work

Allegedly Nazi-looted Egon Schiele works valued at nearly $4m are seized at US museums

The Manhattan District Attorney’s office ordered the seizure of works at the Art Institute of Chicago, Carnegie Museums and Allen Memorial Art Museum

Photo ban lifted on Picasso’s Guernica after 30 years

New museum director hopes to appeal to younger audiences though selfie sticks are still off limits

What the latest US court ruling means for AI-generated art’s copyright status

A judge said the absence of a “guiding human hand” disqualified the AI-generated image from copyright protection, but other generative art may still qualify

Hundreds of works from Los Angeles's infamous Ace Gallery to be liquidated via online auction

At least $230,000 worth of art and ephemera is being offered to repay creditors in the gallery's 2013 bankruptcy

Sculptor’s long-running lawsuit against Kevin Costner can resume, judges rule

A panel of judges found that the lawsuit, over what Costner claims is the third-largest bronze sculpture in the world, had been erroneously dismissed

Art marketanalysis

Does the punishment fit the crime? Art fraudsters face erratic sentencing

Recent high-profile cases, such as those of Daniel Elie Bouaziz and Angela Gulbenkian, demonstrate that lengths of sentences vary widely, with little consistency in judges’ reasoning

Lawnews

Poet and translator to sue British Museum for copyright and moral rights infringement

Vancouver-based Yilin Wang has raised more than £15,000 via Crowd Justice to begin legal proceedings

Art lawcomment

The jury is out on resale clauses, but there are other options

In-demand artists and their galleries are exploring creative legal solutions alongside measures improving resale restrictions' likelihood of enforceability

Florida judge squashes copyright infringement lawsuit over Maurizio Cattelan’s banana

The judge dismissed a suit brought by artist Joe Morford claiming he had made the original taped-banana work in 2001

Ashmolean Museum in bitter, 20-year dispute over Augustus John works

Heirs claim they were loaned and want them back; the museum says decision not yet made

Museum lawyers weigh in on diversity initiatives, joint acquisitions and more at industry conference

The annual gathering organised by the American Law Institute and co-sponsored by the Smithsonian took place recently in Philadelphia

New York's Spring art bonanza: the shows, the sales, the fairs

Plus, the Richard Prince copyright case and Sarah Sze in London

Hosted by Ben Luke and Aimee Dawson. With guest speakers Anny Shaw and Laura Gilbert. Produced by David. Clack and Julia Michalska
Sponsored byChristie's

US Supreme Court rules against Andy Warhol Foundation in closely watched copyright lawsuit

The case, which pitted the Andy Warhol Foundation against photographer Lynn Goldsmith, may have major repercussions for artists who build upon others’ work

Judge refuses to toss two copyright infringement lawsuits against Richard Prince

New York judge says the appropriation artist's New Portraits series does not achieve the level of transformation necessary to shield him from litigation

KAWS wins nearly $1m in damages in counterfeit lawsuit

Artist Brian Donnelly first filed the lawsuit against Dylan Joy An Leong Yi Zhi in 2021

New US copyright rules protect only AI art with ‘human authorship’

The US Copyright Office has eased its stance in new guidelines, and a decision on a comic book created using artificial intelligence

First-ever insider trading trial over NFTs set to begin in Manhattan court

A former OpenSea employee has been accused of insider trading; the outcome of the case may change the meaning of that phrase forever

Appeals court judges hear latest argument in Nazi-era Guelph Treasure restitution claim

Heirs of the dealers who sold the collection of medieval artefacts to the Prussian government claim their case can be heard in US court because the dealers were not German citizens at the time of the sale

Has New York's law aimed at identifying Nazi-looted art in museums worked?

Recent legislation requires institutions to label works they display that was stolen by the Nazis, but some are still unwilling to publish their provenance research

Mexiconews

One-tonne statue of Olmec ‘Earth monster’ that was illegally taken to US will be returned to Mexico

Authorities in New York recently informed Mexican officials that the artefact was recovered, though when exactly it was stolen and brought to the United States is unclear

Mexican authorities condemn French auction of pre-Columbian artefacts

In all, 83 artefacts scheduled to be sold in Paris next week are protected under Mexican law, authorities say

Deal reached in dispute over Van Gogh painting held at Detroit Institute of Arts

While the parties have reached an agreement, the museum says it spent $100,000 on its defence and that the injunction against it sets a dangerous precedent

Judge throws out copyright lawsuit over artwork featuring Ruth Bader Ginsburg photograph

Atlanta artist Julie Torres was accused of using a photographer’s image in her own artwork without permission

Leonardo’s Salvator Mundi heads to court in case against Sotheby's

New York judge rules the auction house must face trial as part of Russian billionaire Dmitry Rybolovlev’s art fraud lawsuit

Lawsuit over controversial Marilyn Monroe statue reinstated by appeals court panel

The 26ft-tall statue of Marilyn Monroe has been called sexist by community members in Palm Springs, where it has been on public display since 2021

Joan Mitchell Foundation sends cease-and-desist to Louis Vuitton over handbag ads

The late abstract artist’s foundation claims Louis Vuitton used Mitchell’s work in a campaign without permission

'New French restitution laws should benefit the market—and maybe force change in Britain too?'

As the Washington Principles turn 25, the complexities of restitution in a global art world have mushroomed—leaving lessons to be learned for institutions, governments and art market players