Art law

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
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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

French court orders Christie's to restitute a Nazi-looted painting sold in London

As the panel was looted in Paris, the magistrates claimed jurisdiction of the French courts over the High Court in London

Antiquities dealer Ali Aboutaam given 18-month suspended sentence by Geneva court

Decision brings the six-year investigation into the provenance of 15,000 antiquities from Phoenix Ancient Art to an end, with only a handful found to lack proper documentation

Is the graphic designer who refuses to create websites for same-sex couples an artist?

US Supreme Court justices debate whether obliging a Colorado woman to create wedding websites for same-sex couples violates her free speech rights as an artist

In dispute over Van Gogh painting, Detroit Institute of Arts is ‘blameless’, judge says

A Brazilian collector had sought to bar the museum from returning the artwork after its blockbuster Van Gogh exhibition closes

Peter Doig awarded $2.5m in sanctions following legal saga over prison painting

The lawsuit centred on the authorship of a desert landscape painting signed “Pete Doige” and created by an inmate at a Canadian prison

Crime news

Moscow-based architect, who built ‘Putin’s Palace’, refuses to return to Italy to face trial

Italian Lanfranco Cirillo—whose 150-strong art collection was seized last year—will be tried in absentia by an Italian court next month for tax and money laundering crimes

Recent UK High Court rulings raise questions over dealers’ duty of care towards clients

Two cases involving respected London dealers John Eskenazi and Simon Dickinson brought up issues of negligence and authenticity with differing results

'Will it end up on a yacht—or in a museum?' Art export licences should be reformed, suggests UK arts minister

The world is “much more connected than it was” but the criteria for issuing export bars have remained unchanged since 1952, Stephen Parkinson explains

US campaign group sues Smithsonian over return of Benin Bronzes to Nigeria

Restitution Study Group have lost their first legal battle but insist the case is still pending

New York court dismisses restitution case brought against the Israel Museum

A Holocaust restitution case over the Bird’s Head Haggadah, the oldest manuscript of its kind, has been dismissed by the New York Supreme Court on behalf of the Israel Museum

Banksy calls out fashion brand Guess for using Flower Thrower image in London store display

The artist did not hold back in an Instagram post accusing the brand of illegal use of his artwork at a London store and encouraging his followers to shoplift from it