Art Law Report

Opportunity Lost: Germany Enacts Revised Cultural Property Export Restrictions

Posted by Nicholas O'Donnell on June 24, 2016 at 10:13 AM

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 controversy in recent months.  On the very day that the United Kingdom’s vote to leave the European Union raises myriad questions about the effect on London in particular as a world center of the art market (see here for the terrific first take by our friends at Boodle Hatfield in London), Germany ironically has passed a law that will prevent it from stepping into any of the likely market void left by Britain's EU exit.  While Germany is not alone in cultural property protection laws of this sort, it is a silly and unnecessary regulation that will undercut the German art market—as vocally proclaimed by German art market players themselves.  In the art world, it was a regressive day on the eastern side of the Atlantic and a huge opportunity lost for Germany.

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Topics: Germany, France, England, Kulturgutschutzgesetz, Federal Republic of Germany, Cultural Property Protection Law, Brexit, Export Restriction, European Union, Joan of Arc

Despite Universal Criticism, German Cabinet Approves Stricter Cultural Heritage Law

Posted by Nicholas O'Donnell on November 16, 2015 at 5:40 AM

The German federal cabinet has approved a revision to its cultural heritage protection law notwithstanding overwhelming opposition by essentially everyone who commented, putting the draft on the fast track to legislative enactment next year.

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Topics: cultural property, Guelph Treasure, VAT, Georg Baselitz, Germany, Minister of Culture Monika Grütters, EU, Artforum, Kulturgutschutzgesetz, Gerhard Richter, cultural heritage protection law, Michael Werner, Welfenschatz

Backwards, Not Forwards: German Cultural Ministry Submits Revised Cultural Heritage Protection Law

Posted by Nicholas O'Donnell on September 21, 2015 at 6:50 AM

After two months of scathing criticism, the German Ministry of Culture has submitted a watered-down, but still problematic, revision to its Cultural Heritage Protection Law. Back in July, Minister of Culture Monika Grütters announced the initial proposal to amend Germany’s law, or Kulturgutschutzgesetz. The revision, however, is optical at best, and seems targeted only to soften criticism while still taking a regressive view of cultural property that is more at home in the 18th century than the 21st. It will probably pass, to the detriment of forward thinking art market players who will move their trade elsewhere.

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Topics: cultural property, Guelph Treasure, Georg Baselitz, German Cultural Ministry, U.S., Restitution, UNESCO, Switzerland, Austria, Kulturgutschutzgesetz, Gerhard Richter, Museums, Andy Warhol, Monika Grütters, Cultural Heritage Protection, Native American Graves Protection and Repatriation, NAGPRA

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