News & Analysis as of

Cultural Artifacts

Sheppard Mullin Richter & Hampton LLP

Titleless Tales of the Headless

In August 2023, the New York District Attorney’s (NYDA) Antiquities Trafficking Unit, which specializes in investigating looted artifacts, seized a headless statue valued at $20 million from the Cleveland Museum of Art (CMA)...more

WilmerHale

USPTO Seeks Comments From Tribes on Genetic Resources, Traditional Knowledge, and Cultural Expressions

WilmerHale on

On October 24, 2023, the US Patent and Trademark Office (“USPTO”), which is a component of the Department of Commerce, published two notices in the Federal Register seeking input from Tribal Nations regarding intellectual...more

Kohrman Jackson & Krantz LLP

The Case of the Missing Head: Cleveland Museum of Art’s Battle Over Bronze Statue’s Origin

No, this isn’t a Halloween-themed piece about the infamous Cleveland Torso Murderer from the 1930s, but an issue that is less sensational but far more contemporary — the quest to return looted art to its rightful owners....more

Sheppard Mullin Richter & Hampton LLP

Busted: Manhattan Prosecutors Seize an Ancient Roman Bust from the Worcester Art Museum

In 1966, an ancient bronze bust found its way to the Worcester Art Museum in Massachusetts. Believed to depict the daughter of the Roman emperor, Marcus Aurelius, it was titled “Portrait of a Lady (A Daughter of Marcus...more

Sullivan & Worcester

German High Court Rules Painting Will Stay Listed in Nazi-Era Lost Art Provenance Database

Sullivan & Worcester on

(Germany’s highest court issued a much-anticipated ruling on a challenge by a collector to the listing of his painting in the so-called Lost Art database in Magdeburg, Germany. The Bundesgerichtshof (BGH) ruled that the...more

Winstead PC

Court Affirmed An Order Holding That A Deceased Astronaut’s Artifacts Were His Separate Property

Winstead PC on

In Bean v. Bean, a dissenting co-executor sought relief from a probate court regarding whether certain assets were separate property or community property. No. 05-21-00286-CV, 2022 Tex. App. LEXIS 9058 (Tex. App.—Dallas...more

McAfee & Taft

What's law got to do with it?

McAfee & Taft on

When lawyers talk about “intellectual property law” they usually mean the world of trademarks (names or symbols that identify the source of a product), copyrights (creative works, like paintings, songs, books), or patents...more

BCLP

Rating case note - the socio-economic value of museums

BCLP on

Question - I am the FD of a public sector body. We run a museum which does not charge for admission and operates at a deficit, however its contribution to local culture and ability to attract visitors to the area make it...more

Jackson Lewis P.C.

Cultural Artifacts Returned To Thailand

Jackson Lewis P.C. on

After a three-year investigation by Homeland Security Investigations (HSI), two hand-carved lintels from ancient temples in Thailand were returned to the Thai government during a joyous ceremony including dancers and prayers...more

Sullivan & Worcester

A Deaccessioning Decision Tree Grows in Brooklyn—Selling Museum Art in Hard Times

Sullivan & Worcester on

Robin Pogrebin at the New York Times has written an excellent piece on the news that the Brooklyn Museum intends to sell several works from its collection to raise money. The museum explicitly relies on the pandemic-inspired...more

Sullivan & Worcester

“Moralistic Preening” and Broken Commitments Under the Washington Principles—Ninth Circuit Chastises Spain for Keeping Nazi-looted...

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The U.S. Court of Appeals for the Ninth Circuit yesterday affirmed the 2019 judgment that allowed the Thyssen-Bornemisza Collection Museum in Madrid to retain Camille Pissarro’s Rue St. Honoré, après-midi, effet de pluie (Rue...more

Sullivan & Worcester

U.S. Senate Report Takes a Swing at Money Laundering in the Art Market But Strikes Out on Substance

Sullivan & Worcester on

A recent report by the U.S. Senate Permanent Subcommittee on Investigations (headlined by Chairman Senator Rob Portman, Republican of Ohio, and Ranking Member Tom Carper, Democrat of Delaware) has drawn widespread attention...more

Sullivan & Worcester

Paddle 8 Creditors Battle Over Scope of New York Consignment Law

Sullivan & Worcester on

Since online auctioneer Paddle 8 filed for bankruptcy protection in March, creditors of the company have begun filing their notices of claim in the bankruptcy case. One thing on which the creditors all seem to agree is that...more

Sullivan & Worcester

No Excuses left—SPK Restitutes Han Baldung Grien to Persecuted Artist's Heirs for Reasons that Germany Denies to Jewish Victims

Sullivan & Worcester on

The Stiftung Preussischer Kulturbesitz (Prussian Cultural Heritage Foundation, or SPK) in Berlin announced that it had agreed to restitute a 1537 painting of the biblical figure Lot by Hans Baldung Grien to the heirs of Hans...more

Sullivan & Worcester

In the Great Green Room, There was…a Shocking Theft—Historic Robbery in Dresden at State Art Collections

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While the incomparable Goodnight Moon by Margaret Wise Brown and illustrated by Clement Hurd does not take place in Dresden, that is where today brought news of a robbery at the Staatliche Kunstsammlungen Dresden, the State...more

Snell & Wilmer

Arizona’s Cultural Resource Review Process Is a Challenge for Public Land Industries

Snell & Wilmer on

Most businesses that work in a natural resource industry in Arizona are familiar with the requirements of the National Historic Preservation Act of 1966 (“NHPA”), and Arizona’s State Historic Preservation Act (“SHPA”). There...more

Sullivan & Worcester

Germany and its Federal States Announce Collective Declaration with Respect to Colonial Artifacts and Human Remains

Sullivan & Worcester on

Debate has peaked in the last year or so about the treatment and possible restitution of so-called colonial artifacts in Western (i.e., European and North American) museums. The conversation is important for many reasons, but...more

Dorsey & Whitney LLP

Dorsey Pro Bono Clients Effect Change in TSA Screening of Native American Religious Items

Dorsey & Whitney LLP on

The Native American Church of North America and its former President Sandor Iron Rope recently entered into a settlement agreement with the Transportation Security Administration (“TSA”) that will change how the agency trains...more

Sullivan & Worcester

Rich Man/Poor Man? The Berkshire Museum and Why Deaccessioning is so Frustrating

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Two wonderful museums recently announced plans to sell major works of art. In one case, some 40 paintings, American masterpieces among them, will be sold at auction. In another, more than 400 photographs will also be sold....more

WilmerHale

Hobby Lobby Forfeits Thousands of Ancient Iraqi Artifacts, Pays $3M, and Admits Fault to Settle Civil Forfeiture Action

WilmerHale on

The US government's settlement with Hobby Lobby on July 5, 2017 is part of its broader effort to combat trafficking in looted antiquities from the war-torn Middle East and to reduce market demand for such objects by punishing...more

Jackson Lewis P.C.

ICE’s Other Job: Recovering and Repatriating Cultural Property

Jackson Lewis P.C. on

ICE, primarily known for its immigration enforcement efforts and raids, does much more than that. The Homeland Security Investigations Unit (HSI) of ICE has announced the repatriation of more than 400 Peruvian...more

Sullivan & Worcester

Jurisdictional Law Hailed as Impetus to End Russian Art Loan Embargo that is Actually Unaffected by that Law

Sullivan & Worcester on

With reports that Russia is considering abandoning the nearly five year old embargo on loans of cultural artifacts into the United States, the cited connection between that willingness and the recent passage of the Foreign...more

Sullivan & Worcester

Opportunity Lost: Germany Enacts Revised Cultural Property Export Restrictions

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Immediately Squanders Market Opportunities Created by Brexit - On a historic day in the European Union, Germany quietly enacted the revised Cultural Property Protection Law (Kulturgutschutzgesetz) that has sparked much...more

Sheppard Mullin Richter & Hampton LLP

Crime Doesn’t Pay (as much as it used to) – FBI Cracks Down on Trade of Looted Syrian and Iraqi Cultural Artifacts

In support of the international crackdown on the black market trade of looted cultural artifacts, the FBI recently announced that art dealers may be prosecuted for engaging in the trade of stolen Iraqi and Syrian antiquities....more

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