Intellectual Property Restitution: CMPS Research Seminar 17 - Dr Andrea Wallace - 5th November 2025

Intellectual Property Restitution: Reorienting cultural property in a digital age European reforms on cultural property restitution have overlooked a crucial aspect that should not be underestimated: the archival, digital materials and intellectual property associated with the cultural objects. Rights in these assets can vary depending on the jurisdiction of creation, who has owned them, and who holds rights vested in them, such as rights in property, contract or intellectual property. Similar to rights conflicts arising during physical restitution, these rights can clash to obstruct restitution goals and raise new questions about the ownership and management of a wide range of heritage materials. Left unresolved, new inequities will emerge around who can own, access, use, control, and commercialise these materials for decades. This article analyses the restitution landscape against another rapidly developing movement called ‘open GLAM’ (Galleries, Libraries, Archives and Museums) to digitise collections for unrestricted reuse. It outlines the utility, benefits, and harms of digitisation to restitution and makes a novel argument: restitution is incomplete unless it is approached through the lens of intellectual property to catch all analogue and digital materials and rights derived from the wrongful dispossessions. It then sets pathways to more equitable outcomes that centre epistemic justice and use existing flexibilities in private law and collections management practice. Andrea Wallace is a Reader in Law and UK Director of the AHRC-funded GLAM-E Lab, founded in partnership with the Engelberg Center on Innovation Law and Policy at NYU Law School. Andrea works across multiple disciplines including intellectual property law, art and cultural heritage law, digital humanities, visual studies, and museum studies. As the UK Director of the GLAM-E Lab, Andrea collaborates on research with cultural institutions and organisations on emerging issues related to digitisation, intellectual property and cultural heritage management. Subtitles Included as Captions