Art law

New York City removes rules governing auction houses in bid to stimulate business

But firms say they will continue to operate policies and practices that promote transparency

US Supreme Court sends dispute over Nazi-looted Pissarro back to California court, reopening door for restitution claim

The Supreme Court's unanimous decision, written by Justice Elena Kagan, revolved around the question of which jurisdiction’s law to apply in cases where a foreign government is sued in US court

Judge rules removal of artwork depicting man killed by police did not violate free speech

The artwork, commissioned a citywide arts event in Miami Beach, commemorated Haitian-American Raymond Herisse, who was killed by police in 2011

Qatari sheikh loses appeal over fake antiquities claim against Phoenix Ancient Art

Sheikh Hamad Bin Abdullah al-Thani had accused the New York- and Geneva-based dealership of selling him two allegedly fake statues for a combined $5.2m

US Supreme Court will hear dispute over Andy Warhol’s use of photographer's image of Prince

The court’s ruling on the case, a years-long dispute between the Warhol Foundation and photographer Lucy Goldsmith, could be a watershed for the fair use doctrine

Rothko lawsuit lays bare the privacy versus provenance conflict

A recent case, relating to the sale of work by the Abstract Expressionist, centred on the tension between client confidentiality and transparency; the solution is far from simple

Jeff Koons loses court case against Italian collector over 'fake' work

The American artist claimed the sculpture of two snakes was a fake—now a court in Italy has overruled him and said the collector can seek compensation

Antiquities dealers appeal restrictive New York ban on ivory

The appeal primarily challenges restrictions around the display of commercial ivory objects in the state

Appeals court sides with Phillips in dispute with Chinese collector over auction of Gerhard Richter fighter jet painting

The decision, the latest (and possibly last) in a legal saga that stretches back to 2015, upholds a 2021 decision in the auction house’s favour

Sotheby’s and artist Kevin McCoy sued over sale of early NFT

The dispute revolves around the movement of a 2014 work, ‘Quantum’, from one blockchain to another and how that affects its ownership and fungibility

New York gallery faces multi-million-dollar lawsuit over a Rothko’s mystery provenance

The lawsuit claims the Manhattan gallery Edward Tyler Nahem Fine Art is refusing to divulge the seller of 'Untitled (Red, Yellow, Blue, Black and White)' (1950), which has left the provenance incomplete and the painting unsellable

Unlike paintings and sculptures, site-specific art lacks protection under US law

Recent disputes over the dismantling, relocation or recontextualizing of site-specific works have underlined the limited protections for such art

In US Supreme Court hearing over Nazi-looted Pissarro, justices question Spanish museum’s position

The latest chapter in the 20-year dispute over a painting currently in the collection of a Madrid museum suggests the case may head back to a California appeals court

Peter Max’s guardian sues his daughter for defamation in latest twist in battle over elderly artist’s care and legacy

Libra Max previously sued to end Barbara Lissner’s guardianship of her father; now Lissner has sued back, alleging that Libra Max’s legal and public relations campaign defamed her

Sotheby’s faces class-action lawsuit alleging mistreatment and misclassification of workers

Lawyers for the auction house are trying to dismiss the complaint, which they call 'devoid of factual allegations,' but they could be facing a classic Catch-22.

The 'Wild West' of finance: governments want to regulate NFTs and cryptocurrencies, but first they have to catch up

This booming but unregulated market is under scrutiny in the US and UK, but legislation is lagging behind innovation

In latest feud over Robert Indiana’s legacy, Morgan Art Foundation claims publisher hid thousands of artworks and lied under oath

The foundation claims publisher Michael McKenzie “made a mockery of the discovery process” and “repeatedly thumbed his nose” at the court

Jeff Koons accused of appropriating sculpture for 1989 series featuring his ex-wife

Michael Hayden has sued the artist for copyright infringement in latest legal battle

US Supreme Court will hear case of Nazi-looted Pissarro painting

The decades-long dispute between the heirs of a Jewish woman who fled Nazi Germany and the Thyssen-Bornemisza Collection Foundation is embroiled in procedural questions about foreign sovereigns’ liabilities in US courts

Mondrian at the Philadelphia Museum of Art is Nazi loot, heirs allege

In 1937 the work, which had belonged to art historian Sophie Küppers, was seized by Nazi authorities and eventually sold to New York collector A. E. Gallatin

Andy Warhol Foundation petitions US Supreme Court to review ruling over Prince portrait

A lawyer for the foundation says a review by the Supreme Court of a lower court’s decision would “reaffirm the importance of free artistic expression”

'No matter how wealthy you are, no one is above the law': New York court rejects Sotheby's attempt to dismiss suit alleging it helped collector evade tax on $27m of art

Attorney general claims the auction house created and used tax exemption certificates that falsely presented the buyer as an art dealer in order to dodge payments. Sotheby's says it will continue to contest the case

Art marketcomment

The tension between copyright law and Appropriation art: where is the line between artistic innovation and stealing?

As a US court issues a decision on the dispute between the Andy Warhol Foundation and photographer Lynn Goldsmith, two lawyers explore past case studies in this legally controversial area

Antiquities trade should prepare for more government oversight

US Treasury Department issues a call for input on forthcoming regulation that aims to counter money laundering

Two veteran lawyers from New York's Herrick Feinstein create new firm, Kaye Spiegler—and save on moving fees

The boutique firm will continue to work from the same offices, but wants to take on riskier contingency cases

Artistate launches to help artists safeguard their legacy

Founded by gallerists and lawyers, the venture will provide estate-planning advice—for a fee—to artists and their families

Genevan court dismisses Dimitry Rybolovev's case against art dealer Yves Bouvier—but feud between the two billionaires is not over yet

Russian art collector had sued for double dealing and will now appeal decision, while Bouvier plans to launch $1bn countersuit for damages—and write a tell-all book

Art world rushes to conform to UK's anti-money laundering laws

So far a total of 475 "art market participants" have been registered—but delays mean more are likely to comply in the coming months

US Copyright Office suggests Congress pass new laws to protect artists from state infringement

A string of court cases have allowed states to claim sovereign immunity when they have used images without permission, giving copyright holders cause for concern and few options for remedy