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.
AI Creations: Legally Protected? 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?
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.
Are replicated works like prints and multiples as valuable as a color insert out of a magazine? The title of this article is self-explanatory. You will find the answer in the text of our permanent author Maria Boicova-Wynants.
Art in Public Space (1): Place. Space. Art. 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.).
Art in Public Space (2): art might be public, but what about the rights? 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.
Art in Public Space (3): Public art and freedom of panorama This article explores the "freedom of panorama" concept and different approaches to regulating it throughout European countries and abroad.
Art in Public Space (4): Commissioning of a public artwork 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.
Art in Public Space (5): Financing of Public Art 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.
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*
Interview with the Art Loss Register 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:
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.
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.
Protection of the artist's style: Comparative law 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
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 Price of Art: Key Factors in the Valuation of a Living Artist’s Work This article discusses the concept of artist's legitimacy and the factors that impact valuation of artworks of the living artists
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
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.
Artists on the Move: Revealing the Hidden Barriers in Tax Incentives Many artistic initiatives bump into bureaucratic or legal barriers impeding artists' access to tax incentives. Our returning author – Evelyse Carvalho Ribas – provides a comparative overview of the two of them, t.i. the personal criteria of nationality and status as a 'professional artist', from the perspective of different jurisdictions*
CROSS-BORDER CHARITABLE GIVING: Challenges and Considerations for Tax Incentives The article discusses the challenges and considerations for tax incentives of cross-border charitable giving, as well as barriers which might appear on the way of donors and donees. As per author "this article serves as a catalyst, setting the stage for subsequent articles that will propose innovative and forward-thinking legal solutions to overcome these barriers"
Global art market and current trends The Art Market is undergoing substantial changes. Rapid evolution of digital solutions, Covid-19 pandemic, geo-political situation – these are only few factors that Art market is to reflect. ArtLaw.club is having an honour to discuss the latest trends in Art Market, ArtTech solutions and investment opportunities with the practising Art&Finance specialist from Switzerland Irina Resch.
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.
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?
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 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.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.
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*
Art, history and law-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. You have other movies in mind? Write them down in the comments and we will add them to the list :)