Members of Chambers have been concerned with a number of matters involving works of art, their ownership and attribution, including the following:
William Henderson appeared in Attorney General v. The Trustees of the British Museum [2005] EWHC [2005] Ch 397, concerning looted art: could the court override a statutory prohibition so as to enable the looted art to be returned to the heirs of those from whom it had been looted?
Michael Edenborough QC has acted in many cases concerning works of art. In particular, he has dealt with copyright aspects in typical artistic works, works of artistic craftsmanship and unusual works of sculpture that did not readily fit into the classical categories of copyright works. He has also acted for museums and galleries, for example in relation to moral rights issues.
Justin Higgo acted for the executor in Re Clough Taylor, Coutts & Co -v- Banks & Ors [2003] WTLR 15. This case concerned the executor’s duties in respect of a possible cause of action to recover an Eileen Gray screen which was removed from the home of the deceased by the foremost expert in the field and sold to the Museum of Ireland.
Ruth den Besten has advised in relation to the sale at auction of allegedly forged artwork and as to the potential liabilities of both vendor and auctioneer in such circumstances,
Brigitte Lindner has advised on international and comparative copyright law aspects concerning works of art as well as related private international law questions. Past work includes advice given in the context of the administration of the estate of a contemporary painter and in the field of artists’ resale rights in continental Europe.