Art Law Report

Not Just Germany—UK Imposes Export Ban on (Swiss!) Giacometti Sculpture

Posted by Nicholas O'Donnell on February 26, 2016 at 10:53 AM

We have focused recently on the proposed legislation in Germany to make its cultural heritage export laws stricter, of which we have been critical here and in recent discussions.As ill-advised as we consider the proposed German law to be, to be fair, it is not unique. Its chief flaw is in seeking a solution (a stricter law) in pursuit of a problem.

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Topics: Legislation, Germany, Cultural Protection Laws, Giacometti, Export Ban

European Cultural Protection Laws and Export Licenses—the Atlantic Gulf Widens

Posted by Nicholas O'Donnell on July 10, 2015 at 7:37 AM

Germany has proposed a revision to its cultural protection legislation that would further restrict exports of objects more than 50 years old. While worries that it is the equivalent to state expropriation are overblown, it does indicate a mindset that is in many ways incompatible with the modern art market—even if it is only an effort to harmonize German and EU law. The struggles of Germany’s efforts to keep pace with other centers of art trade may only be compounded if this becomes law.

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Topics: Legislation, Frankfurter Allgemeine Zeitung, cultural property, Roman antiquity, Germany, Cultural Protection Laws, England, Joshua Reynolds, European, Rome, 5th Amendment, Bundesländer, Italy, Monika Grütters, regulatory taking

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