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 previous owners. Generally, these owners were subject to persecution. There has been an array of sometimes inconsistent court decisions and differing opinions on how art restitution claims should be treated. Generally, these owners had been subject to persecution or considerable duress. Given the various categories of potential Art Restitution claims, there appears to have been an array […].
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 rebellion? No Sir, replied a minister standing by, this is a revolution. Could the same be said of the public announcements made last week by the French auctioneers?
On 29 […]. On 9 August , a federal judge in the U. The new Act for the Protection of Cultural Property automatically and practically, overnight adds to the list of items declared as national cultural property, all items: owned by the […]. Its role is to guarantee and maintain the correct operation and effective competition of all productive sectors and markets in Spain.
This is because the question on the ballot was fundamentally flawed. The Prime Minister should have delayed the process until the Leave supporters put forward a coherent, persuasive alternative to the status quo […]. 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.
The settlement, though hardly surprising, left many questions unanswered and raised other interesting ones. Once registered, the artwork cannot be permanently exported from Germany. Since 1 January , art collectors and art businesses dealing in art, or storing art, in Switzerland must comply with new anti-money laundering and terrorist financing laws.
Lending against art is on the rise. The Museums Association has been […]. On 4 December , Larry Gagosian won a protracted, hostile, and expensive court battle against his long-time friend and client Ronald Perelman.
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The dispute arose in connection with a series of transactions between the parties involving works of art by Jeff Koons, Cy Twombly, and Richard Serra. The Bill, which we hope will one day become law, aims to remedy some deficiencies in […]. The short answer is that it can.
The question is significant because […]. The contract was […]. As of 1 October , three new exceptions to copyright infringement have come into force in the UK. The new exceptions affect the way in which copyrighted works can be used and have come about as a result of increasing pressure on UK legislation to reflect the fast-paced digital age that we live in. These […]. Foundations are often established to manage large art collections after the death of the art collector. New regulations aimed at protecting consumers come into force in the UK on 13 June Sales amongst professionals are not caught by the regulations.
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The regulations consider different types of trader-to-consumer sales: on-premises sales, distance sales and […]. French courtrooms are no strangers to disputes over the authenticity of artworks. These lawsuits, usually brought […]. 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 those changes is enshrined in the Consumer Rights Payment Surcharges Regulations , which came into force on 6 April and directly impact art market professionals accepting payment by card.
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 being more strictly regulated. 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 met.
If they are not, the bidding arrangement can turn into an illegal auction ring. The risk if the bidding arrangement amounts to an auction ring is not simply pecuniary; […]. Now the dispute has been referred to the French Supreme Court, which […]. When, in , Marguerite Hoffman, a prominent Dallas art collector, decided to sell a major painting by Mark Rothko Untitled, , she insisted on confidentiality. Her husband had died the year before. She did not want to draw attention to her finances. The painting was well known.
So was the fact that the Hoffmans owned […]. The discovery in a Munich flat of a hoard of over artworks acquired by Hildebrand Gurlitt in dubious circumstances during the Second World War has been making headline news. 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 to sales on the Internet, consumers buying online are offered an additional protection.
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 collateral in order to perfect their security interest. This is the case where the law of the country where the collateral is physically located when the security interest is granted, […].
They simply notify the trader that they no longer want the goods, […].
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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. Why not leverage artworks in storage or hanging on museum walls by borrowing against them? Art finance is a growing industry. Last year, […]. International sanctions are actions taken by one country against another, either unilaterally or multilaterally.
But, where the facts of the particular case would support it, the principal could conceivably have a claim for fraud, or aiding and abetting fraud, if the third party was engaged in a pattern of conduct on the part of the agent to deceive the principal.
Section For consignments that do not fall within this statutory protection, such as consignments by collectors, consignors should provide notice to potential creditors of their interest in the consigned property by filing a UCC-1 financing statement discussed in question Yes, any business that engages in auctioneering must have an auction house licence, and if a person plans to sell merchandise by public auction, he or she must also obtain an auctioneer licence.
The New York City Department of Consumer Affairs has promulgated regulations that govern the business practices of auctioneers.
These rules regulate the conduct of an auction and also require, among other things, that the auctioneer has a written agreement with the consignor of personal property that contains certain disclosures to the consignor regarding commissions and charges, and certain warranties and indemnities regarding the goods by the consignor, and certain disclosure to prospective bidders. The regulations can be found at www1. Under New York law, in a title action, the good-faith purchaser of an artwork bears the burden of proving that the work was not stolen.
In December , a new federal law was enacted that established a uniform, federal statute of limitations for claims seeking the recovery of artwork and certain other objects that were confiscated by the Nazis. Under the Arts and Artifacts Indemnity Program, the federal government makes indemnity agreements with US not-for-profit, tax-exempt organisations and government entities for coverage of eligible objects artwork and other cultural objects for both domestic and international exhibitions. More information about the Arts and Artifacts Indemnity Program, including eligibility and application requirements can be found at www.
For loans that do not qualify for this programme, the responsibility for insuring artwork is determined by agreement between the lender and the borrowing institution, but it is common for the borrowing institution to supply fine art insurance coverage for the work while on loan. The federal Immunity from Seizure Act protects the custody of artwork loaned from a foreign owner to a not-for-profit US museum. To take advantage of the statute, a US institution applies to the US Department of State for a determination that the work is of cultural significance and its exhibition is in the national interest.
If the Department of State grants the application, the work is immune from seizure while on loan. In , the government amended the Foreign Sovereign Immunities Act to grant foreign states and carriers that transport the loaned work immunity from suit in the US for any activity associated with certain art loans no such immunity exists in the case of Nazi-era claims or claims based on other systemic campaigns of coercive confiscation that occurred after Additionally, New York has an exemption from seziure statute prohibiting any kind of seizure of a work of fine art by any non-resident exhibitor at New York institutions including museums, universities and not-for-profit art galleries.
See section The United States does not have a list of artworks it considers as national treasures that are prohibited from leaving its borders in the way that other countries do. However, federal law protects historical and archaeological sites and their treasures. More information about these laws can be found at www. There is no right of pre-emption in New York law for buying an artwork for public collections.
There is also no federal right under US law. Ownership of cultural property does not automatically vest in the government unless the property is found on federal or state land, with the exception of ownership of Native American cultural items excavated or discovered on federal or tribal lands, which is governed by the Native American Graves Protection and Repatriation Act.
The United States ratified the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property in , and in it enacted the Cultural Property Implementation Act CPIA , implementing the following portions of the UNESCO Convention: article 7 b 1 , which requires parties to undertake to prohibit the import of documented cultural property stolen from a museum or other institution located in another state party; and article 9, which allows state parties whose cultural patrimony is in jeopardy from pillage to request assistance to implement measures, such as the control of exports, imports and international commerce.
Notably, the CPIA does not implement the portion of the UNESCO Convention that obliges parties to take necessary measures to prevent museums and other institutions from acquiring cultural property that has been illegally exported. Any material imported into the United States in violation of the CPIA is subject to seizure and forfeiture, and section of the CPIA sets forth the procedures whereby works may be seized and forfeited, and offered to be returned to the state party, and whether just compensation must be paid to a claimant with title to the object.
Additionally, regarding the art trade, dealers in precious metals, precious stones or jewels are required to develop and implement anti-money laundering programmes see 31 CFR section As such, the Fish and Wildlife Service monitors trade through a standardised permit system and facilitates the collection of species-specific trade data.
If the item was imported prior to 22 September or was created in the United States and never imported, the item is exempt from the importation port requirement. Additional restrictions exist with regard to certain animal products, as specified in question In , a near total ban on commercial trade in African elephant ivory went into effect in the United States.
More information about these restrictions can be found at www. In , New York enacted legislation prohibiting trade and other distribution of antiques containing ivory and rhino horn, except under very limited circumstances. Additionally, there are laws that regulate trade in the skin or bodies of wild and exotic animals, and the possession and trade of bald eagles or golden eagles, but a comprehensive review of those laws is beyond the scope of this chapter.
In this kind of sale, the seller must provide the buyer with a receipt or contract disclosing to the purchaser his or her right to cancel the transaction and provide a notice of cancellation form and explanation of the right.
Bill Text: NY S05486 | 2013-2014 | General Assembly | Introduced
In addition to the regulation of door-to-door sales see question 48 , the New York City Department of Consumer Affairs has issued citations to galleries under truth-in-pricing law for failing to conspicuously display price listings for artworks for sale. The Holocaust Expropriated Art Recovery HEAR Act of established a uniform, federal statute of limitations for claims seeking the recovery of artwork and certain other objects that were confiscated by the Nazis. Before the HEAR Act, the timeliness of such claims was governed by state laws that were generally more restrictive and varied from state to state, which led to costly choice-of-law battles, unpredictability and rulings barring meritorious claims.
The new statute, which is a sea change in the law applying to Holocaust recovery claims, is expected to alleviate these concerns in ongoing and future disputes. Cases involving the application of the HEAR Act are only now winding their way through the courts, and time will tell how the courts will interpret the statute and its meaning to the rights of litigants, including the affect of the statute on the ability to assert a laches defence.