ArtLaw.club co-organized a seminar on Cultural Heritage Protection Aspects On May 8, ArtLaw.club together with Latvian School of Public Administration and Latvian National History Museum co-organized a seminar "Cultural Heritage Protection Aspects".
Benchmarks for Archaeology and Heritage Protection 2019-2024 Archaeology and cultural heritage are typically perceived as a national issue, but taking into account the open borders and other aspects of the EU common policy, many issues relevant to cultural heritage are important not only at national but also at EU level. Therefore, in view of the European Parliament elections, the European Association of Archaeologists has developed a document entitled "Benchmarks for Archaeology and Heritage Protection 2019-2024”. The document covers topics important for coordination and/ or dealing with at EU level. This year, when it comes to choosing which party to vote for in the European Parliament elections, it is important to know the positions of these parties on the protection of cultural heritage and archaeological artefacts in the upcoming European Parliament debates.
Latvia ratifies UNESCO 1970 and UNIDROIT 1995 Conventions On 1st November the Parliament of Latvia adopted and on 14th November the President proclaimed the laws on UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 and UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects 1995.
Research results From October till December 2018 the founder of ArtLaw.club Irina Olevska made a research, regarding the legal competence, quality and availability of legal support to those who professionally or privately act in the field of art and cultural objects at their place of practice.
The EU adopted new copyright rules On 15 April 2019 the Council of the European Union approved the controversial Copyright Directive. According to the official statement, the adopted "copyright rules fit for the digital age. Europe will now have clear rules that guarantee fair remuneration for creators, strong rights for users and responsibility for platforms." The Member States will have two years to implement the Directive into their national legislation. Be on the clock!
We are open! We are happy to announce that from now on ArtLaw.club opens its door to all the artlaw, artfinance and arttech admirers in the Baltics, Scandinavia and abroad. You can find here articles on the most challenging questions, useful materials, cases that have changed the overall perception of art, share your expertise and raise discussion. Follow our news feed here at ArtLaw.club, as well as our supporting Facebook and Instagram pages.
World Book and Copyright Day UNESCO created the World Book and Copyright Day in 1995 with first celebration coming on 23rd April 1996. Why this particular date? On this date in 1616 three great writers - Cervantes, Shakespeare and Inca Garcilaso de la Vega - all died.
An introduction to art crimes: Neal Caffrey might be sexy, but art crimes aren’t 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.
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*
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*
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*
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.
Ephemeral and person-dependent: legal aspects around Performance art The rare case when the title fully speaks for itself: legal aspects around Performance art
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.
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*
How do you want to be remembered? Some considerations on Artist’s heritage The article sketches the practical issues which should be taken into account defining and organizing the artist’s legacy before it becomes too late.
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.
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*
Art disputes and ADR by Mr.Massimo Sterpi, a Partner and a Head of the Art Law Department of Gianni, Origoni, Grippo, Capelli & Partners 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.
Repatriation of cultural property to its state of origin as international customary law 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*
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).
The Lost Mural of Bruno Schulz: A Critical Legal Perspective on Control, Access to and Ownership of Art When a forgotten mural painted by the Jewish-Polish artist Bruno Schulz was rediscovered in 2001 a string of legal issues were unravelled. Who could rightfully claim ownership to this work of art? Was it the Holocaust museum Yad Vashem in Jerusalem, because Schulz was a Jew killed by the Nazis? Or Ukraine on whose sovereign soil it had been found? Or Poland whose citizen Schulz had been?
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?*
The two sides of a coin. A write-up on Artists’ Resale Rights 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
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*
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.
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*
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
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*
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*
Yours might have been yours, but now it is mine: Appropriation artists and the shady area of copyright 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*
A brief insight into the Rybolovlev-Bouvier “legal thriller” Very sophisticated scam based on the alleged trust and many-many millions of dollars. Here is the overview of the range of lawsuits of the Russian oligarch versus the Swiss art logistics specialist, Rybolovlev v.Bouvier. The legal issues at stake are the fiduciary relations, separation of duties and use of insider information.
Business of Koons Here is an opinion on the personal brand of Jeff Koons, until quite recently the most expensive living artist of our times. We place this item in the "cases" section, since each of Koons' works is the case - intriguing, extraordinary, sometimes civil. They say, good business is the best art. Koons bases his astonishing business on the art of ideas. Read more in the opinion of Maria Boicova-Wynants
C.Brancusi vs. United States Starting from December 2018 every now and then Ms.Kate Zilgalve will share an overview of legal cases – from more serious to even comic ones, that have changed the way how art and its connection with law is seen in court rooms. Kate starts this topic with one of her personal favorites–C.Brancusi vs. United States, that came to court on 1927 and came to a final judgment on 1928*
Joshua Bell, Banksy, Diesel...Can we recognize the talent in an unexpected context? This short essay is meant for a thought and discussion. While we are so advanced and smart, aren't we so blinkered to not recognize the talent of a master or the quality of the goods if the performance is extracted from its usual context? Aren't we missing something in this transience of life? Here are three examples of us, people, not picking up the chance to enjoy something really valuable, because it was unusually placed*
Richard Prince and art on Instagram This is an extract from the book “Law, Art and the Commons” (2018) by Merima Bruncevic. The book presents the new way of thinking about the art, law, cultural commons and their interconnections through the lens of the theory of the French philosopher Gilles Deleuze and the French psychoanalyst Felix Guattari. Among other things it sets and explores the concepts of lawscape, helps to regard the law broader then just a "box" and to overcome the existing, long-standing legal dichotomies (artist-user, public-private, right-heritage, etc.). This book is an experience!*
The Lost Mural of Bruno Schulz: A Critical Legal Perspective on Control, Access to and Ownership of Art When a forgotten mural painted by the Jewish-Polish artist Bruno Schulz was rediscovered in 2001 a string of legal issues were unravelled. Who could rightfully claim ownership to this work of art? Was it the Holocaust museum Yad Vashem in Jerusalem, because Schulz was a Jew killed by the Nazis? Or Ukraine on whose sovereign soil it had been found? Or Poland whose citizen Schulz had been?*
Art as an Asset The Article explores the characteristics of art if regarded as an asset class. While being volatile, illiquid and opaque, art nevertheless serves as a useful function in a diversified portfolio. Moreover, it offers unique values and inspire passion as no other investments do*
Art financing with Mr.Asher Edelman, founder and CEO of Artemus According to an Art and Finance report published last year by Deloitte and ArtTactic, in 2017 only the US art secured lending market estimated to be worth between $17bn and $20bn, which represented 13,3% growth from 2016. Emerging art financing techniques provide short term liquidity that previously was unavailable. This makes art investment much more attractive and evident to more people. Established in 2014, Artemus is one of the leading art secured financing providers, established in New York City, but offering services globally. ArtLaw.club had a conversation with Mr. Asher Edelman, founder and CEO of Artemus, about the financing processes and current standing of the global art market.
Building bridges between Art, Law and Wealth Even if art is mainly considered a part of ones integral wealth and long-term inheritance, more and more investors start perceiving it as a real financial asset. Please find below the opinion of the Head of Private Banking at Swedbank Latvija on the current trends in the art market and luxury investment sector*
Interview with an art adviser Maya Mikelsone from France Globalisation, new technologies, online sales and general increase in accessibility of art, all this gave an impetus for art collecting to be on the rise. The rising ability and willingness to buy art stimulates the demand for knowledgeable experts, who can help throughout the process. The art adviser should have a multitude of skills: those of a connoisseur, a businessman, a psychologist... and even more than that. ArtLaw.club had an interesting talk with Ms.Maya Mikelsone, a professional art adviser living in France, about her experience, learning curve, general vision and peculiarities of French and foreign art buyers.
Interview with art advisers from Switzerland and Latvia Collectors are quite rarely immediately art world insiders. Passion comes first, and then in due course it is followed by the necessary knowledge, experience and originality in taste. The initial drive is frequently based in the interest of art as an asset class that later grows into a life-long practice or simply ends. For both, the collector-to-be and a seasoned collector whose collection needs to be accounted for and looked after, the role of an art adviser is indispensable. Artlaw.club is honoured to talk to two art professionals with rewarding careers in different parts of the world: Ms. Zane Grants-Wolff from Switzerland and Ms. Anda Kļaviņa from Latvia.
Interview with Art Advisors from Switzerland and Latvia It is extremely rare that a collector immediately becomes an art world insider. Passion comes first, and then in due course it is followed by the necessary knowledge, experience, and originality in taste. The initial drive is frequently based in an interest in art as an asset class, and later, it frequently either grows into a life-long practice or simply ends. For both, the collector-to-be and the seasoned collector whose collection needs to be managed and looked after, the role of an art advisor is indispensable. Artlaw.club is honoured to talk to two art professionals with rewarding careers in different parts of the world: Ms. Zane Grants-Wolff from Switzerland and Ms. Anda Kļaviņa from Latvia.
Art&Brand collaboration with Katie Kennedy Perez, Founder and Soul of ArtFlow Agency Art and businesses have much in common. In many cases they share the same key cultural values such as creativity, prestige, timelessness, innovation and heritage. This affords ground for fruitful collaboration. ArtLaw.club had great opportunity to talk to Katie Kennedy Perez, a founder and a soul of ArtFlow Agency, which brings art world expertise and knowledge to brands and companies seeking to become culturally engaged.
Interview with Nicolas Delorme, co-CEO of Planet of Finance Community platforms have become unalienable part of our lives. We share services, find lenders and borrowers, make group investments via different online platform solutions. ArtLaw.club has talked to Mr.Nicolas Delorme, co-CEO of Planet of Finance, on finding a suitable wealth management service provider and investing with passion or precise analysis.
Intervija ar Tomu Zvirbuli, Galerijas un Izsoļu nama Birkenfelds direktoru Ar šo sarunu mēs uzsākam interviju ciklu ar aktīviem mākslas tirgus dalībniekiem Baltijas reģionā un ārpus tā. Eksperti dalās ar savu pieredzi un skatījumu, apraksta mūsdienu tendences vietējā un globālajā līmenī, stāsta par savu profesionālo izaugsmi, tirgus īpatnībām, gadījumiem no savas prakses. Ceram, ka šī informācija palīdzēs Jums, lasītājiem, labāk izprast šo aizraujošo, bet īpatnējo tirgu, un saprast, kas un kā šobrīd investē mākslā vai kā var uzsākt veidot savu kolekciju.
Is the art market bubbling or just casually simmering? Every big auction comes with fantastic statements after the sales: 30, 50, 100 millions for a work of art. Sometimes much more. Are the prices adequate or is it just a market bubble?
Passion investing in jewellery. Part I: professions This is the first article in a series about competent investing in jewelry made into plain English. The seasoned diamantaire, Mr.Gabriel Levin-Cafrir, will talk about terminology, professions, main risks and caution signals for a newcomer to make a deliberate decision when acquiring the piece of jewellery for whatever (passionate or investing, or both) reason.
Passion investing in jewellery. Part II: gems, not diamonds This is the second article in a series about competent investing in jewelry made into plain English. The seasoned diamantaire, Mr.Gabriel Levin-Cafrir, will talk about gems that can be confused with diamonds by hearing their names (some of them are in the category of diamond simulants). In order not to make a mistake - take your time, read the article and investigate!
The art market is increasing in transparency This is an interview of Ms.Una Meistere, the director of Arterritory.com, with Adriano Picinati di Torcello, a director within the advisory and consulting department at Deloitte Luxembourg, about the trends in the art market, whether art objects can be considered as pure investments and what are the new existing solutions. The interview is originally published at Arterritory.com, http://arterritory.com/en/texts/interviews/7789-the_art_market_is_increasing_in_transparency/ *
Title Insurance in Practice by the President of ARIS Title Insurance Corporation, Mary Buschman ARIS Title Insurance Corporation is the recognized global authority on legal title risks impacting the international fine art and collectibles market. ArtLaw.club had the honor to talk to the president of the corporation, Mary Buschman.
Blockchain, cryptocurrencies and art by Yefim V. Natis, Distinguished VP Analyst, Fellow, Gartner Research & Advisory Service Gartner is the world's leading research and advisory company. They "provide senior leaders across the enterprise with the indispensable insights, advice and tools they need to achieve their mission-critical priorities and build the organizations of tomorrow" (https://www.gartner.com/en/about). ArtLaw.club has talked to Yefim V. Natis, Distinguished VP Analyst, Fellow, from Gartner Research & Advisory Service about the blockchain, its possible development and a place for art in this technology.
Interview with COO of ARTIVE, Ms.Ariane Moser ARTIVE is a non-profit organization, which using the opportunities provided by modern IT solutions, facilitates the protection of cultural property. The team of ARTIVE sees their mission in helping to protect the world' s cultural heritage - looted and illicitly transferred, stolen, missing and otherwise claimed - by recording and indexing data for posterity and preservation through the use of technology. We in ArtLaw.club do share their commitment to protect the world’s cultural heritage and fully agree that only together we can better serve this need. We are proud to offer you an interview with Ms.Ariane Moser, the chief operations office of ARTIVE!
Interview with Malo Girod de l'Ain, co-founder and president of MonArt In a few weeks MonArt is launching its' minimum viable product (MVP). Among different artistic experiences it is going to present artists' 3D virtual exhibitions to inspire the users to create their own amazing artworks, Augmented Reality to help to discover how a particular artwork fits into user's home or office, an Artificial Intelligence creation tool to allow artists to draw amazing artistic portraits from a still picture, and much more.
Interview with Mr. Andrea Concas, the Founder and CEO of ArtRights New technologies are actively invoked by the art market newcomers, since they are believed to help in fighting against the most problematic issues of the field. ArtRights is there to support the management and certification of artworks using the opportunities provided by blockchain. ArtLaw.club had a talk to the Founder and CEO of ArtRights, Mr. Andrea Concas.
Interview with Mr.Dmitrii Slabodchikov, founder and CEO of the COART Platform Globalization of the art market and introduction of blockchain capabilities encouraged art and technology to merge together. High-tech innovative projects become natural solutions for disrupting the conventional pattern of the art market: opacity, lack of confidence and high transaction costs. We are addressing the issues of raising transparency and trust, as well as talking globally about the opportunities of the modern market with Mr.Dmitrii Slabodchikov, founder and CEO of the COART platform.
Interview with Ms.Anaida Schneider, Founder and CEO of TILCOIN Modern technologies allow for the art market to become accessible not only to UHNWI, but to the general people as well. Introduction of blockchain made fractionate investment possible and this is how each of us can own the part of a valuable piece with full guarantees of authenticity. ArtLaw.club is having a talk with Ms.Anaida Schneider, the founder and CEO of the TILCOIN project.
Screens are the new walls This article is engaging with questions of digital provenance and copyright, a question of credibility and the authenticity of a digital image. It also touches upon several digital platforms, including blockchain-based, to introduce the trends in the current art market*
Technology sprouting in the art market Applying blockchain for the art market, Deloitte Luxembourg has developed the proof of concept ArtTractive, a technological alternative to the paper trail that normally proves the provenance and movements of an artwork. The article explores the meaning and functionality the blockchain is providing and discusses the potential of ArtTractive to solve major issues of art industry linked to traceability*
The Blockchain in the Art world The article explains blockchain as such, as well as points where it meets art and what legal issues arise out of this interconnection*
Artlaw-related books Here is the list of art-related books, that we in ArtLaw.club personally find the most interesting and worth reading.
Artlaw-related movies This is a list of art, art law and other topic-related documentaries and movies, that we in ArtLaw.club and our readers find the most interesting and worth watching
Catalogue of Endangered Latvian Archaeological Artefacts Created by a group of institutions, this catalogue comprises of archaeological artefacts commonly found in Latvia, which are most threatened by theft or illegal traffic. Its purpose, as the one of the ICOM's Red Lists, is to help individuals, organisations and law enforcement agencies to identify objects at risk and prevent them from being illegally acquired, illegally sold or exported outside of territory of Latvia*
Study guides Here you will find the list of study guides and cultural heritage and art law-related monographies that we find the most useful and worth reading:
Study guides Here you will find the list of study guides and cultural heritage and art law-related monographies that we in ArtLaw.club consider the most noteworthy and insightful.
UNESCO documents on prevention of illegal actions with cultural objects UNESCO, as well as other international organizations, have adopted a range of documents on prevention of illegal actions with cultural objects. We offer you the most important ones with reference to available translations into other languages: