Art, Cultural Institutions and Heritage Law publications

Art, Cultural Institutions and Heritage Law Publications

The Art, Cultural Institutions and Heritage Law Committee publishes a variety of interesting articles and other content of relevance to the practice area. Some items are only available to Committee members via logging in after clicking on the item. Forgotten login details?

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The wandering Giotto no longer permitted to travel

The judgment recently handed down in R(Simonis) v Arts Council England ([2018] EWHC 1822 (Admin)) offers an interesting analysis of the EU framework on export licensing of cultural objects and the juxtaposition of national and EU law in regulating the free movement of goods.
Anti-money laundering meets the art market

The art market is often described as the last unregulated market. Even if that is true, it is set to change in the next couple of years, with the art market being brought firmly within the ambit of European Union anti-money laundering legislation.
The art of taking the initiative: the Responsible Art Market Initiative

How best to protect the art market from money laundering and terrorist financing threats? This is not a new debate, and recent months have witnessed renewed global activity from legislators and the art market alike.
Art advisers and duty of loyalty in focus

Where a fiduciary relationship exists, the penalties for straying from those obligations can be severe.
Free speech and public art - Capitol painting controversy

The removal of a painting from the Capitol building in Washington, DC has implications for other cases where art in public spaces stirs controversy.
Export control of artworks in the UK: calls for reform

There has been an outcry over the failure of the UK's export control system to save a painting for the nation.
US changes the rules for claims of Nazi-looted art against foreign sovereigns and public museums

A recent decision in the US radically reduces the ability of plaintiffs to sue foreign sovereigns for art allegedly expropriated by a foreign nation in a foreign nation.
Art sales in 1930s Germany - US District Court endorses jurisdiction on theory of forced sales

The law of sovereign immunity over claims for allegedly Nazi-looted art has progressed after a recent decision by the US District Court.
Art museums for sale - the role of the private collector and corporate sponsor

A session report from the 2016 IBA Annual Conference on deaccessioning in different jurisdictions, the impact of corporate sponsorship, donors expectations.
Restrictions on the export of cultural property and artwork, October 2017

The Committee's jurisdiction by jurisdiction draft report on restrictions on the export of cultural property and artwork is available to download.
Art, Cultural Institutions and Heritage Law Newsletter, August 2016

The Committee's August newsletter addresses a wide array of topics, including the law of private foundations, international protocols for the return of cultural objects, regulations on the movement of cultural property, restitution of Nazi-looted art, and contracts as they relate to auction sales. Committee members – click here to login and download.
Good faith purchase of artwork: lessons learnt from a high profile scandal - Art, Cultural Institutions and Heritage Law Committee, October 2015

This article explains the legal framework in the United States, analyses three court decisions related to the scandal and lists steps cautious art buyers and consignors should consider taking to minimise title problems.
Art, money laundering and terrorist financing: new developments in Swiss law - Art, Cultural Institutions and Heritage Law Committee, October 2015

This article looks at the evolution of the international fight against money laundering and terrorist financing and the impact of new provisions and international sanctions on actors in the art market, such as auction houses, dealers and collectors.
Conference recap: Pure love of art versus mere investment - Art, Cultural Institutions and Heritage Law Committee, October 2015

Report on the joint session of the IBA Art, Cultural Institutions and Heritage Committee and the IBA Individual Tax and Private Client Committee, supported by the IBA European Regional Forum at the IBA Pure Love of Art versus Mere Investment Conference in London.
Art, Cultural Institutions and Heritage Law Committee newsletter, September 2014

Download the Art, Cultural Institutions and Heritage Law Committee Newsletter, September 2014, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Art, Cultural Institutions and Heritage Law Committee newsletter, May 2013

Download the Art, Cultural Institutions and Heritage Law Committee Newsletter, May 2013, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Art, Cultural Institutions and Heritage Law Committee newsletter, September 2012

Download the Art, Cultural Institutions and Heritage Law Committee Newsletter, September 2012, featuring articles on... (PDF download, members will need to login using their IBA username and password)
Art and Cultural Heritage: Law, Policy and Practice
Consulting editor: Barbara Hoffman
Art and Cultural Heritage provides appropriately more than a comprehensive in-depth analysis of national and international laws respecting cultural heritage. It is a bubbling caldron of law mixed with ethics, philosophy, politics, and working principles about how cultural heritage law, policy and practice should be sculpted from the past as the present becomes the future.