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Copyright protects artistic creations, but what about artist's style? Our returning author - Andrea Quintanilla - provides comparative overview of respective regulation in Europe, the USA and the Andean Community More

Artificial intelligence is gathering speed in all the spheres of life, including creative field. Do the AI creations enjoy copyright protection or do they fall a priori within the public domain? More

German Lost Art Foundation is a central contact point in Germany for all matters pertaining to Nazi confiscated art, wartime losses, cultural property losses during the Soviet occupation and in the GDR, as well as of April 2018, the Foundation is also active in the field of cultural goods from colonial contexts. ArtLaw.club has had its honour to talk to the head of the Department for Documentation and Research Data Management of the Foundation, Dr. Andrea Baresel-Brand. More

The article discusses who is the copyright holder of the tattoo and what are the rights of the artist, tattoo bearer and the third parties (photographers, game creators, marketing specialists, etc.) in using the copyrighted image. More

This article discusses the concept of artist's legitimacy and the factors that impact valuation of artworks of the living artists More

The Art Loss Register (ALR) is frequently the “first choice” in searching for lost, stolen and looted art, antiques and collectibles. Being the world’s largest private database, it currently lists 700,000+ items (in comparison, The Stolen Works of Art database of the Interpol lists 52,000+ items, see: https://www.interpol.int/en/Crimes/Cultural-heritage-crime/Stolen-Works-of-Art-Database). Information can be added to and searched for in this database on behalf of all the interested parties (both private and public), thus helping in performing the required due diligence, ensuring safety of the transactions and securing recovery of the lost/stolen objects for the claimant. The checks for the items stolen or lost in recent decades and during the Nazi era, amount to over 450,000 per year. Besides searching, the ALR team works on recovery and repatriation cases. Moreover, the ALR is managing the Cultural Heritage At Risk Database (CHARD). This database registers objects in situ at museums, warehouses and archaeological sites, ensuring their identification if stolen and offered for sale. To deeper understand the broad range of activities the ALR performs and the importance of its work for the art market practitioners, ArtLaw.club has had its honour to discuss the work of the ALR with its director Ms.Katya Hills and the team of experts: More

Here is another professional opinion on the interrelation between NFTs and copyright. More

NFT technology facilitates the interaction with digital products. It also makes the virtual world more transparent and democratic in which digital creators gain direct access to consumers, bypassing institutions and national borders. However, the NFTs creators and buyers perceptions do not necessarily meet the legal reality. For those just getting into minting NFTs and looking to figure out how to market and advertise their NFTs, for those who aims to invest in these digital assets, both you are in the right place. This briefing will give you an initial insight into the NFT’s life cycle and the legal implications associated with their creation, marketplace transactions and ownership. More

Artistic creation is usually considered to be protected by copyright, but what are the other protection mechanisms? Do they really serve the need? Our permanent author Maria Boicova-Wynants is looking for an answer on the example of Banksy's experience More

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

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

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

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

Here is an easy-to-read overview of what is allowed (and restricted) under different types of Creative Commons licenses. More

Health emergency has not discouraged passionate buyers from participating in auctions or art fairs, even though the latter ones have taken on a new form of hybrid events. How does it effect the rights of the buyers, if at all? Does the law manage to...keep abreast with the times? More

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

The title of this article is self-explanatory. You will find the answer in the text of our permanent author Maria Boicova-Wynants. More

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

In the second article in the series on online art sales the author explores eBay model of online auctions, describes differences between online participation in an actual physical auction and online-only auctions, whether you are eligible to use the 14-days right of withdrawal and much more* More

In recent weeks, due to the virus-caused isolation, the online marketplaces have become almost the only ones accessible to the majority of people. We are publishing an overview of the available options for those wishing to view or buy art online. More

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

This is the last article in a series about public art. The covered question though is more than topical - how is public art financed and what exactly are the costs to bear in mind. More

Reflection on the importance of due diligence in view of the recent precedents of allegedly unscrupulous collectors Toporovsky and stronger AML rules being adopted worldwide* More

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

In the last but one article the author talks about the process of commissioning of a public artwork and the differences existing in the regulation thereof depending on location. More

This article explores the "freedom of panorama" concept and different approaches to regulating it throughout European countries and abroad. More

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

Art in public spaces is so common that we rarely ask ourselves about various conflicts of interests behind it. In this second article in a set, the author talks about tensions that might arise between the artist and the commissioner of the artwork, as well as about public interests and their rights to object against the work. More

Today we start a series of articles regarding the legal and social aspects of public art (street art, art located in public spaces, commissioned art, etc.). More

The article sketches the practical issues which should be taken into account defining and organizing the artist’s legacy before it becomes too late. More

The rare case when the title fully speaks for itself: legal aspects around Performance art More

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

What are the Artists’ Resale Rights, whether they really gain an objective of fairness and what is the current status of acceptance of ARR regulation throughout the world - all these questions in a new article in the Art Law section More

Art crimes is the third largest criminal enterprise in the world, after drugs and weapons. These crimes are different in their nature, regulation and foreseen liability. Our return author Maria Boicova-Wynants lifts the veil on the topic in her new article. More

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

This is an overview of the proposed Directive on Copyright in the Digital Single Market by the practicing IP lawyer. More

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

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

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

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

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

Italy has one of the most prominent art histories in the world, strong cultural patrimony rules and highly developed sector of art lawyers. ArtLaw.club had an honour to talk to Mr.Massimo Sterpi, a partner and the Head of the Art Law Department of a leading international law firm Gianni, Origoni, Grippo, Capelli & Partners of Rome, Italy. More

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

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

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

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 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

Appropriation art can be tracked back to the beginning of the 20th century, but its bloom accounts for in the 1980s and later years when the artists started to reproduce the preexisting works as their own. Appropriation art raises many legal questions, such as authenticity, authorship and originality. Read a bit about these issues in the article of Maria Boicova-Wynants* More

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

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

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

The article aims to identify whether exists a customary rule, which would order states not bound by conventional norms to repatriate cultural objects to their state of origin and proprietor* More

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