* Do everything in your power to avoid using lawyers to resolve disputes. “Getting justice” or “punishing” someone who does something to you almost always costs a lot of money, wastes a lot of time, diverts your attention from your art, potentially jeopardizes your reputation, and can jeopardize future business relationships. None of this is good. This book will prove invaluable to lawyers who advise on all aspects of art law and many others in the art sector, including the artists themselves, art dealers and those who work in auction houses and museums. It will also be an important read for researchers and students interested in art law and economics. Consulting Lawyer M. Misquitta specializes in contract negotiation and litigation for companies dealing with art, trademarks and technology. He is General Counsel of the Victoria & Albert Museum and a Trustee of the Association for Cultural Enterprises and the Sir Percival David Foundation of Chinese Art. * Learn about the exclusivity clauses of a contract and understand them. Be careful when sellers require exclusive rights to sell your art in large geographic areas, especially if it`s an initial deal.
Limit exclusivity clauses with new sellers to six months or less (certainly no more than a year) and keep them local or regional, not national, national, or global. Renegotiate the terms if your art sells well and you mutually decide to expand your business relationship. If you come to the conclusion that a seller is reputable, your next step is to meet with them and discuss possible sales agreements. Before you can do that, however, you need to know what you want. Make a list of your expectations or requirements and be prepared to discuss them when you both meet. This includes details such as setting your selling prices, the quantity and types of art they represent or sell, how and when you will be paid for sales, what percentage of retail prices you will each receive, and how long the trade deal will last. Sellers, of course, have their own rules or requirements for how they do business that may or may not match yours. Keep in mind that there are some aspects of the relationship that need to be negotiated, so be flexible and open to their suggestions. Co-Chair of Pryor Cashman`s Art Law Group and brings to her practice over 15 years of combined experience in private practice and in commercial roles, as well as in-depth knowledge of a variety of customs and complex legal issues unique to the art industry. In addition to other interest groups in the art market, she advises individual collectors, artists, galleries, auction houses, estates and trustees as well as non-profit organizations on a number of transactional and contentious issues. Taught by our CCLS staff and IAL instructors, this exciting and innovative LLM focuses on the legal aspects of doing business in the international art world.
With its experience in research, education and publishing, IAL offers an in-depth knowledge of art law unmatched elsewhere. * Consider including a bankruptcy clause, especially if a seller hasn`t been in business for so long. Make sure your agreement clearly states that the proceeds of bankruptcy from the sale of your art go to you and to you alone and not to the creditors who are the first online. Written in an accessible and informative style for lawyers and non-lawyers, Art Law and the Business of Art describes and explains not only the relevant law, but also how the art trade works in practice. The chapters cover all legal and commercial issues concerning the sale and purchase of works of art in various contexts such as auction houses, museums and private sales with and without agents. Other issues such as artists` rights to their works, import and export of works of art, taxation, artistic disputes, compliance with money laundering and sanctions, corruption, confidentiality and data protection are examined in detail. Wilson also provides an in-depth discussion of the most pressing ethical issues related to works of art, including Holocaust reparations, ancient art and cultural heritage, and freedom of expression. Case Western Reserve: Spangenberg Center for Law, Technology & the Arts This center was founded with the understanding that technological and artistic expression are part of the human creative enterprise; and there are artistic influences in science and scientific influences in the arts. A central aspect of the ETA is the study of intellectual property (or intellectual property as it is commonly known), which has rapidly moved to the center of the global market and information economy, representing some of the most exciting, important and complex issues facing not only our legal system, but also the business communities, entertainment and technology. Cleveland, OH.
Wilson`s guide “Art Law and the Business of Art” (456 pages) is a 360-degree guide that unpacks in detail the legal framework for the art trade. It is written simply and clearly and contains convincing case illustrations. Perhaps the most beneficial aspect of this book is the author`s clear justification for various results. Wilson draws on his vast and unique experience to understand how legal doctrines are applied in the particular commercial context of the art trade. In addition to helping readers clarify the roles and relationships of primary and secondary participants in art world transactions, it provides a solid foundation for getting readers to think about business problems and solutions. It sounds simple, but problems arise when one or both parties do not understand the details of a contract or agreement, one or both parties decide that the agreement is not fair, or one or both parties do not comply with the agreement.