Art and cultural property: key trends from 2024 and predictions for 2025
Insight
2025 trends and forecasts
Attribution via AI
AI may be increasingly deployed in disputes over attribution, by analysing brushstrokes or signatures to help verify provenance. Human experts have long harnessed scientific techniques for this purpose. Testing flakes of paint, for instance, can expose deception if the pigment in question was unavailable at the time the work was supposedly created.
In the immediate future, however, AI’s usefulness is relatively limited, not least because of the complex and collaborative processes that producing a work of art can entail. For example, many of the Old Masters only painted portions of their works, or arranged their composition, relying on studio hands to complete pieces for them. An AI tool may struggle to account for such nuance, whereas a human, well-versed in the subtleties of art history, can adapt more readily to this challenge.
AI forgeries
AI can, of course, be exploited to produce counterfeits. However, while forging classical works will remain difficult for AI to achieve, replicating contemporary works could be more straightforward. Artists and dealers are experts at spotting forgeries, but AI undoubtedly increases the chances of a well-crafted fake slipping through the net.
Tensions over repatriation
Although the public and political debate around repatriation will continue in 2025, significant changes are unlikely. Museums and galleries are increasingly attuned to such requests and have found inventive ways of resolving disagreements and satisfying diverse interests by, for instance, loaning artefacts, as this allows institutions to navigate the statutory bar on repatriation.
It will also be interesting to see what role the potential proliferation of technology that can scan and replicate contested works, might play. In Brazil, for instance, ancient cave drawings that had been damaged by vandals were successfully recreated. This technology opens up potential new avenues in what remains a particularly thorny debate.
Changes to import regulations
The new EU Import Regulation on Cultural Goods, which is set to be introduced in June 2025, will make life that bit harder for those looking to export from the UK into Europe. This will serve to further diminish the appeal of London to continental art dealers, which has already been dampened post-Brexit.
Meanwhile, developments within Italian courts, which are examining whether the Italian Government should be allowed an indefinite period to revoke export licences which have previously been granted, will also doubtless capture the attention of the market in 2025.
Reflecting on 2024
Litigating art and cultural property disputes is uncommon, with parties generally seeking alternative forms of dispute resolution. Going forward, however, we are likely to see an increase in art-related AI and new technology disputes being dealt with by the courts.
Getty Images v Stability AI
Centred on claims that Getty’s copyrighted library of images was used without permission to train Stability’s AI model, this case is notable for the novelty of some of the arguments heard and for the potential implications for rightsholders and AI developers alike.
As the models in question were alleged to have been trained outside the UK, the defence claimed that the UK court had no jurisdiction. The defence also attempted a novel pastiche argument, claiming that the images were a medley of material imitating a multitude of elements from a large variety of sources. It also claimed that specific images from the training data were not memorised or reproduced when users created images.
Whichever side prevails, there are likely to be significant ramifications. If Stability AI’s jurisdiction argument holds, developers may begin to structure their models to ensure any alleged copying occurs overseas, beyond the reach of UK courts. This in turn could heighten calls for UK copyright laws to be given extra-territorial reach.
Should Getty win, then this could open the door to similar claims by rightsholders.
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
© Farrer & Co LLP, February 2025
Dispute resolution trends and predictions
This insight is part of our wider report – "Dispute resolution trends & predictions" – which includes comprehensive analysis from our specialists together with valuable viewpoints from our clients.
