Summarize

NFTs and Legal Challenges Ahead

Blockchain, cryptocurrency, non-fungible tokens... New technological solutions are going mainstream in different fields of our lives. What are NFTs in the art market and what legal challenges do they imply? More

The challenges of provenance research and the story of Jura Landscape by Gustave Courbet

In 2017, a Zurich industrialist of Jura origin bequeathed Canton of Jura (Switzerland) an unpublished painting by the famous French painter Gustave Courbet (1819-1877). The canvas was unknown to specialists and did not appear in any catalogue raisonné. After a vast investigation, lead by a historian of art and literature, exhibition curator and a president of the Swiss Society for the Study of Gustave Courbet Mr.Niklaus Manuel Güdel, the bequeathed painting joined state collections of Jura (Switzerland). Unofficially titled Jura Landscape, the work aroused unexpected enthusiasm in the Jura region, raising geographic and historical questions. How did the work appear? When and how did it leave the artist's studio? Is the canvas authentic? The full history of the investigation, as well as a new introduction to the landscapes of Gustave Courbet in general, has been reflected in the book Une enquête sur le paysage. ArtLaw.club is honoured to have an opportunity to talk to the leading researcher of Jura Landscape, Mr.Niklaus Manuel Güdel: More

Authentication of art works: the state of things and future perspectives

New technologies quickly come to the market and we can no more imagine our life without them. The art field is not an exception. ArtLaw.club had the privilege to talk to the art historian and curator, ICRA (International Catalogue Raisonné Association) founding member and the expert in modern and contemporary Italian art, Dr. Sharon Hecker, on the issues of authenticity - whether new technologies are assistants or competitors to the experienced human authenticators? More

Importing Cultural Goods in the EU: Do the Means Meet the End?

In 2019 the European Union adopted Regulation 2019/880 on the Introduction and the Import of Cultural Goods which introduced new set of procedures and conditions in order to safeguard humanity's cultural heritage and prevent the illicit trade in cultural goods. Here is the overview of a few challenging issues related to the practical application of the Regulation. More

Preservation copies of protected works

It is common knowledge that copying or making derivative works is subject to authorization from the copyright owner. However, is this requirement that univocal when this is done for preservation purposes? Here you can find an outline description of the current regulation related to preservation copies of protected works More

Interview with the Executive Officer of CAfA Ms. Hetty de Rooij

The Court of Arbitration for Art (CAfA) is a joint initiative of the Netherlands Arbitration Institute and Authentication in Art, founded in 2018 to resolve disputes in the wider art community through mediation and arbitration. The court offers parties to administrate their arbitration and mediation proceedings with the assistance of the Secretariat of the Netherlands Arbitration Institute. ArtLaw.club is glad to offer you an interview by Ms Maria Boicova-Wynants (management consultant, IP and Art lawyer and mediator inter alia at CAfA) with the Executive Officer of CAfA Ms Hetty de Rooij. More

Managing Your Collection

Collections management encompasses a broad range of knowledge and specialities. Here is a comprehensive overview of the basic procedures to be applied in order to get started with this uneasy task by the seasoned museum staff trainer and consultant for public and private institutions and collectors on collections management, due diligence and provenance issues* More

Catalogues raisonnés from the art historical and legal perspectives

The International Catalogue Raisonné Association (ICRA) was founded in 2019. It unites prominent scholars and professionals engaged in the research, writing and production of catalogues raisonnés (hereinafter - also CR). In addition, it enjoys the support of experts in art law from various jurisdictions. ArtLaw.club had the honour to discuss the work of the association and current challenges faced by the authors and users (scholarship, market and legal professionals) of catalogues raisonnés with an art historian and curator, ICRA founding member Dr. Sharon Hecker and an attorney-at-law, managing partner of CBM & Partners Studio Legale based in Milan Mr.Giuseppe Calabi. More

Radiocarbon dating of antique objects — how can we avoid analysis for the illicit market?

Radiocarbon dating (also referred to as carbon dating or carbon-14 dating) is a method for determining the age of an object containing organic material. From the development of the method in mid-20th century, it has been widely used primarily by archaeologists to date antique material. The article, provided by Dr. Irka Hajdas, an expert from ETH Laboratory of Ion Beam Physics in Zurich, describes not only the historic development of the method, but also its potential indirect, but strong effect which might be misused in support of illicit market. The latter is where a Pandora's box is being open and the author suggests certain minimal standards for experts (analysis performers) to be followed in order to avoid supporting illicit trade in cultural goods.* More

Illicit trafficking of cultural goods: a new form of organized crime?

Illicit trafficking in cultural goods is a large problem around the world, even though only separate precedents get wide public attention. The volumes of this type of crime are enormous both in monetary and historic value. Our new author, attorney-at-law Marta Suárez-Mansilla talks about illicit trafficking of cultural goods as a form of organized crime. More

There are no guarantees in this life, but at an auction

Many of the seasoned art professionals are worried, or at least cautious, about the growing popularity of auction guarantees. What are the guarantees at auction, how are they different from an irrevocable bid or a reserve price and who wins from the opportunities offered by guarantees - all these questions are answered in the article below. More

Daniel Scheiblich Rodrigues on Protection of Cultural Heritage in Brazil

Brazil has very long and capturing history. Even though some of its' cultural heritage-related professions' regulations are as young as 2018, the insight into the structure and rules of this culture-rich country is very useful. ArtLaw.club had an honour to talk to Mr.Daniel Scheiblich Rodrigues, Sao Paulo State Government’s current advisor to the Department of Municipal Affairs, former chief cabinet officer at the Department of Cultural Affairs and former manager of the Tax Incentive Cultural Program. More

The mysterious world of the value of art

We hear about price records after almost every auction sale. While major auction houses set records in hundreds of millions, less active markets, like Latvian, make do with tens of thousands. Nevertheless, the records are there! What makes the price for art go up or down? What are the main "components" of the value?* More

Giuseppe Calabi, senior partner at CBM & Partners, on the Italian cultural heritage laws and artwork export license regime

Italy has one of the oldest cultural heritage laws in the world. “I won’t necessarily say that it should be considered an example, because there are a few things that do not really work properly, but at least it’ s definitely a model to be considered”, - Giuseppe Calabi said to ArtLaw.club There is a transcript of our interesting talk with the senior partner at CBM & Partners, Mr.Giuseppe Calabi, on the Italian cultural heritage laws and artwork export license regime. More

What if da Vinci had destroyed his Mona Lisa? Legal and philosophical issues around destroying works of art.

Are you allowed to destroy what you have created? It this most extreme feature of property ownership applicable to what is yours from the moment of creation or acquisition? The article below is meant to initiate a discussion on the topic. Please read about the most well-known cases of destruction (or the last minute rescue) and share your opinion on what are the legal and philosophical issues related to it* More

Use of works made to be located permanently in public places

Selfies have become an integral part of our lives. We want to fix the moment and ourselves in it. However, it should be taken into account that there are restrictions for dissemination of selfies, even if we have made a photo in a public place, on a street, in a museum or in a park. What should we do if there is a copyrighted work on our photo - a monument, building or a painting? Are we allowed to download it to our personal Facebook album? Here are the answers by the Turība University professor, Dr.iur. Ingrīda Veikša More

Blurred lines of creation: Can copyright laws ever catch up with the new world where AI created art gets auctioned at Christie’s?

We live in time of dynamic change. The human race has invented the trains without drivers, virtual keyboards, artificial pancreas and robot vacuum cleaners. Most of these inventions we take for granted, while others come as a surprise. The one that has changed our perception of art, creativity and mastery is the introduction of AI (Artificial Intelligence) created work of art and its further sale at Christie's. Here is a short review of the AI sprouting in the art market and some legal issues arising thereof* More

Restrictions on freedom of expression in art: Germany, the US and Norway

This is a noteworthy student's research which examines artistic expression and existing restrictions on its freedom by comparing the different regulations, laws and cases in the US ( as the country with the predominant amount of free speech cases in the courts), Norway (as the first ranking state in the press freedom index of “Reporters without Borders”) and Germany (as the Member state of the EU, which is considered relatively free or free). More

Transactional malpractice in and around fine art prints

Art prints form a separate and independent segment of art market. They are produced in multiples where each peace forms an original work of art. Therefore, art prints are highly collectible. Please read about the most typical types of malpractice in art print transactions and some advice on how to protect yourself when buying the desired piece* More

Historic shipwrecks – contemporary challenges: Protection of the underwater cultural heritage

This paper by Alla Pozdnakova discusses legal issues pertaining to the international protection of the underwater cultural heritage (“UCH”) against activities directed at the exploration and recovery of such heritage from the seabed, especially historic shipwrecks and artefacts on board such shipwrecks. It gives special attention to protection of UCH in the Baltic and Scandinavian region, as both of them have a rich maritime history (as maritime nations and also as coastal States) in whose waters active commercial and naval navigation has been taking place for a long time* More

Crime against cultural property: finding solutions

Statistical data confirms that the prevention of and fight against the illegal dealing in cultural objects in Latvia should be paid significant attention. Thefts of icons and paintings as well as the illegal obtainment of archaeological artifacts in unlawful excavations are more characteristic in Latvia than other offenses against cultural objects. Cultural objects are being more frequently illegally obtained in private dwellings, places of worship, cemeteries and ancient burial places. The Article reveals the main reasons of unsatisfying statistical data, discusses possible technical and social solutions for stronger preventing and combating offenses against cultural objects* More

Awareness raising and protection of archaeological heritage

Significant amount of illegal excavations and information regarding Internet trade of protected artefacts, the number of criminal cases and other violations strongly implies that Latvian archaeological heritage is endangered. The detailed situation unfortunately is not precisely known since correspondent statistical data are not being processed and analysed on regular basis. The Article reveals practical solutions to the problem, as well as describes the analysis of national situation regarding protection of archaeological artefacts* More

Your Lautrec or Lautrec's Lautrec? Some notes on attribution and authentication

The answer to the question of whether the work is authentic has direct financial consequences. Art historians and experts trying to attribute the work to a particular artist build their opinion on knowledge and experience, but still their conclusions are subjective and quite often contradictory. This article gives an insight on what are the authentication and attribution, and why it is important to be interested in the details, especially if you are a happy owner of a work of art* More

Mediation and Art: Is it a match made in heaven?

Art cases are usually multilayered and hard to be approached purely legally. Frequently, there are also moral, cultural, historical, diplomatic and spiritual considerations involved. In this sense, mediation might be an optimal problem-solving method, because provides for the possibility to take different factors into account when coming up with the solution and allows certain creativity as to the solution itself. Please read the opinion of the mediator Maria Boicova-Wynants about the match of art and mediation* More

The works, which copyrights have expired

Copyright is the right of limited duration. This seems to mean that after a certain period of time the author's work can be freely used in any way by any person. Whether this statement is absolutely true or there still are some restrictions? What are the national and international rules? Whether and to what extent the work inspired by the protected author's work is eligible for protection? Here is the overview of these and related questions* More

We use cookies to help provide you with the best experience we can on our platform. By continuing to browse this site you accept and agree with this practice
Agree