Our Art Law

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Canada pledges an artist’s resale royalty—can the United States follow “suite”?

The Enchanted Owl, 1960 courtesy of FirstArts.ca By Donyea James Canada may join the company of over eighty countries that incorporate an artist resale royalty...
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Abraham and Isaac: Sculptures returned home after Spanish Supreme Court decision

Abraham and Isaac, attributed to Maestro Mateo, Museo do Pobo Galego By Lucas Güimil Valdés Introduction In a recent ruling, 18 June 2025[1], the Supreme...
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Changes in U.S. and U.K. Restitution Laws are Afoot, Museums are Worried, Claimants are Cautiously Optimistic, ADR Practitioners are Attentive – Where Does This Leave us?

Screenshots from The Institute of Art & Law and Congress.Gov, respectively By Marina Rastorfer [caption id="attachment_77940" align="alignleft" width="283"] Nazi-era Looted Art Restitution in the News.[/caption]...
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The End of the Mask: Banksy, Anonymity, and What We Just Lost

Digital creation by Nikoleta-Georgia Vlachaki By Afroditi Karatagli Anonymity as Condition, Not Absence The Reuters investigation into Banksy’s identity was published on March 13th, and...
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Case Review: Bennigson v. Solomon R. Guggenheim Foundation

Picasso, Woman Ironing, 1904, Guggenheim, New York By Lauren Stein and Donyea James On December 16, 2016, the outgoing president Barack Obama signed into law...
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Are Muralists Artists? Legally, It Varies

Credit: Diego Rivera, Still Life and Blossoming Almond Trees, California, available at Wikimedia Commons By Walker Schulte Schneider Murals, and the artists who paint them,...
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WYWH: “Art Lawyering Bootcamp: Copyright Law”

  [caption id="attachment_77515" align="alignright" width="175"] Kamee Payton (Judith Bresler Fellow 2025-2026) is leading the Bootcamp training.[/caption] By Alexandra Kharchenko On February 4, 2026, the Center...
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No Industry Seems Untouched by the AI Avalanche – Where Does AI Stand With ADR? Or Better Asked, Where Does ADR Stand With AI?

Screenshot from AAA AI Arbitrator Website By Marina Rastorfer Most discourses, no matter the field of interest, tend to have a catchphrase or a keyword...
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Regulation Without Legislation: Combatting Money Laundering in the U.S. Art Market

By William Yuen Yee Critics describe the art market as the “largest, legal unregulated industry” in the United States.[1] Lawmakers have repeatedly introduced federal legislation...
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Legacy Over Licensing: How Artist Estates and Museums Are Redefining Control in the Digital Age

Robert Rauschenberg, Susan—Central Park N.Y.C. (II) (1951) By Josie Goettel When an artist passes, their estate is tasked with two seemingly conflicting tasks: to protect...
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Flemish Government’s Plan to Dismantle M HKA’s Collection in the Name of Centralization of Art

Museum of Contemporary Art Antwerp (M HKA) By Alexandra Kharchenko On October 6, 2025, the Flemish Government announced plans to transform the Museum of Contemporary...
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When Imitation is Not Flattery: Art Fakes, Forgeries, and the Market They Fool

Han van Meegeren, The Supper at Emmaus (1937) By Lauren Stein In 2014, the Swiss Fine Art Expert Institute (FAEI) estimated that up to 50%...
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