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If you’re curious about the relationship between art and law, and want to stay updated, you’re in the right place.

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EVENT

ART BASEL CONFERENCE

19 JUNE 25

For the first time, this year’s Art Basel conference organised by Recht Aktuell – University of Basel will take place in English on the Thursday of the fair, that is 19 June 2025. Now in partnership with the Art Law Foundation, the new conference format is intended to address new audiences. What has not changed is that it will bring together speakers on a large amount of topics related to art and law. I will have the pleasure to moderate a panel on the German and Swiss developments regarding claims for the return of Nazi-looted art.

Programme
10.15 – 10.35 Introduction
Vanessa Rüegger, Nicolas Mosimann, Lionel Schüpbach
Welcome Keynote
Conradin Cramer

10.35 – 10.55
Free to Create | Create to be Free: Artistic Freedom
at Times of Conflict and Crisis

Keynote: Sara Whyatt

10.55 – 11.10
Moderated Q&A
Sara Whyatt and Vanessa Rüegger (Moderator)

11.10 – 11.30
The New German “Arbitral Tribunal for Nazi-looted Art”
Matthias Weller

11.30 – 11.50
Cultural Objects with a Problematic Provenance –
Recent Developments in Switzerland

Marc-André Renold

11.50 – 12.15
Panel / Q&A
Matthias Weller, Marc-André Renold and Anne Laure Bandle (Moderator)

12.15 – 13.10
Lunch

13.15 – 13.35
AI as a Driving Force in Contemporary Art
Sabine Himmelsbach

13.35 – 13.55
Legal Aspects of AI with a Focus on Copyright
Lionel Schüpbach

13.55 – 14.05
Q&A

14.05 – 14.25
Did Data Protection just End Provenance Research?
Esther Zysset

14.25 – 14.30
Q&A

14.30 – 14.50
Unlocking ADR’s Potential in the Art Market
Justine Ferland

14.50 – 14.55
Q&A

14.55 – 15.00
Closing Remarks
Vanessa Rüegger, Nicolas Mosimann, Lionel Schüpbach

REGISTRATION

EVENT

ART TRANSACTIONS Risks and responsabilities

22 MAY 25

The Société de Genève des Arts has kindly invited me to give a talk on art transactions at the Palais Athénée on 22 May 2025. This event is open to the public and can be attended upon registration below. 

Each acquisition of a work of art involves three fundamental checks: authenticity, price, and provenance. Authenticity ensures that the work was indeed created by the claimed artist; the price must be fair and reflect the current market value; and provenance traces the artwork’s history to ensure it has not been stolen or illicitly obtained. These checks are essential to prevent fraud and legal disputes. By reviewing a few recent court decisions, this lecture aims to establish the rules and responsibilities of the parties involved in art transactions and highlights best practices to ensure transparent and secure dealings. It also addresses issues of legal and ethical compliance, the challenges related to looted artworks, and the importance of documentation and traceability.

REGISTRATION

EVENT

THE (AB)USE OF AI GENERATED IMAGES

8 MAY 25

The Schweizer Forum für Kommunikationsrecht / Forum Suisse pour le Droit de la Communication (SF-FS) and the University of Fribourg will be hosting a conference on 8 May 2025 at the University’s cinema on AI generated images. I will be speaking about the copyright issues resulting from the training of an artificial intelligence with artists’ works and the images generated with AI.

Artificial intelligence is revolutionizing the way images are created, distributed, and perceived. From photorealistic visuals to abstract artistic creations, AI-generated images blur the lines between reality and fabrication, raising pressing questions about authenticity, copyright, and ethical use. This conference will bring together experts to examine the opportunities and risks associated with AI-generated imagery, particularly in journalism, media, and creative industries.

One key focus will be the legal and ethical challenges surrounding AI-generated images. In light of the pending lawsuits and early court decisions, the discussion will explore whether human authorship should remain a requirement for copyright protection and how AI training datasets, often built on existing works, impact the rights of original creators.

Another major issue is the role of AI in journalism and news reporting. AI-generated images are increasingly used to illustrate articles, raising concerns about source verification, audience trust, and misinformation. How can newsrooms ensure that AI-generated visuals do not mislead readers? Can readers distinguish between photorealistic and illustrative AI-generated images? And how do manipulated visuals affect journalism?

A panel discussion will examine the role of images in the digital democracy, how AI-generated images contribute to shaping public perception and the artistic and creative implications of synthetic visuals. Furthermore, the panel will discuss whether current legal frameworks are equipped to handle the flood of AI-generated content and focus on the evolving regulatory landscape in Switzerland.

At a time when AI-generated images become more prevalent across media and creative industries, this conference will offer a critical discussion on how to navigate their use responsibly. Join us for an in-depth exploration of the challenges and possibilities of AI-generated imagery.

Programme

13:45 Welcome of the participants
14:15 – 14:30 Opening Remarks
Prof. JACQUES DUBEY, Dean of the Law Faculty, University of Fribourg
14:30 – 14:50 Generative visual AI & Swiss journalism
Dr. SERAINA TARNUTZER, Postdoctoral researcher, Insitute for Digital Communication and Media innovation (IDCMI), University of Fribourg & FH Graubünden

14:50 – 15:10 AI generated art – legal certainties and uncertainties

Dr. ANNE LAURE BANDLE, Partner, Borel & Barbey, Lecturer, University of Fribourg

15:10 – 15:30 Dialogue TARNUTZER & BANDLE, followed by questions from the audience

15:30 – 16:00 Coffee break

16:00 – 17:00 Panel discussion

Chair: Prof. JULIA GELSHORN, Professor of the History of Modern and Contemporary Art, University of Fribourg, with:

Dr. NICOLAS GALLEY, Director of Studies, EMAMS, University of Zurich, Lecturer, University of Fribourg
Prof. EMMANUEL ALLOA, Professor of Aesthetics and Philosophy of Art, University of Fribourg
PIERRE-ADRIAN IRLE, Executive director, Le Temps
SABRINA KONRAD, Attorney-at law, Deputy Head Copyright Services, Swiss Federal Institute of Intellectual Property
17:00 Closing remarks and apéro

 

MEDIA

THE ART LAW PODCAST Sleepers sold at auction

24 APR 25

🎙️PODCAST

Ever wondered how misattributed or undervalued artworks — so-called sleepers — end up at auction?

I had the pleasure of joining Katherine Wilson-Milne and Steven Schindler on this month’s episode of the Art Law Podcast to talk about exactly that, drawing on my book The Sale of Misattributed Artworks and Antiques at Auction. We discuss how auction practices, market incentives, and legal frameworks can obscure the true identity of artworks.

You can listen to the episode

SHOP HERE

EVENT

THE ARTISTS’ MARKET

31 JAN 25

The 9th edition of the RAM annual conference is dedicated to artists – the most important player in the art market. 

Their creativity, expression and vision inspires and speaks across generations and time…but to succeed their artwork, must be valued, explained, exhibited and promoted. 

Our expert speakers will address the following topics and questions through a practical lens:

  • Artwork commissions to contracts, pricing and sale restrictions;

  • Existing risks for artists navigating an uncertain and evolving market and the role other actors can play;

  • Building a responsible art market to support artists;

  • Non-resale clauses: a barrier or a necessary protection for artists?

  • Speculation and its impact on the sustainability of an artist’s career;

  • and many more.

The full programme will be published soon. You may already register online. Early bird offer expires on 22 December 2024.

REGISTRATION  (deadline: 26 January 2025)

NEWS

PLAGIARISM IN MUSIC AND THE USE OF AI

16 DEC 24

Gilbert Montagné’s famous song « On va s’aimer » is plagiarised!

This is the outcome of a dispute spanning over a decade against the right holders of Gianni Nazzaro’s song « Une Fille de France ».

The news broke out yesterday and made clear that:

🎼 33 notes out of 40 of Nazzaro’s refrain were copied into Montagné’s refrain. Copyright is infringed when the characterising elements of one work are reproduced in another work. The court considered that the refrain is the « heart of a song », repeated 11 times, and, therefore, the plagiarism was substantial.

💡 Plagiarism requires proof that the infringer knew about the original song based on which the infringing song was made. In this case, the same person wrote the lyrics to both songs. So it was easy to make the connection.

🖥️ Artificial intelligence can be a useful tool to compare two songs and determine the extent of the parts taken over. Some platforms have already integrated such tools to detect plagiarism, such as Spotify’s « Plagiarism Risk Detector and Interface ». Nonetheless, we need human beings to take into account non-musical factors (such as the one above) and make the final assessment.

It was a pleasure to speak about this case on RTS (Radio Télévision Suisse) national television and radio on 16 December 2024.

Watch the 19:30 evening news programme

Listen to the RTS FORUM broadcast

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