Art and Cultural Property Law
Art lawyers advise on a range of issues related to art and cultural property and heritage. This may include the disputed authenticity of an old master painting but may equally involve advising on street art and the authenticity of a classic car. There’s no specific practice area called ‘art law’ so be prepared for involvement in broad areas, although a good understanding of IP law is helpful.
How do these lawyers work?
They tend to be cross-departmental art law experts advising on commercial matters such as galleries, business, or collections, heritage property, and tax planning, dispute resolution involving art, cultural, and luxury assets, and disagreements with galleries or museums. They can also advise on issues involving the valuing and division of art and luxury assets arising on divorce.
Who are their clients?
Clients are leading international artists and their estates, advisors, private collectors, dealers, as well as galleries and museums, art charities and historic houses and financial institutions.
What do these lawyers do exactly?
Recent legal proceedings involving artists and art institutions have attracted large amounts of media attention to art law. This is partly due to the high-profile cases and the substantial sums of money circulating in a poorly-regulated market. As a result of these factors, specialising in art and cultural property law could prove to be an entertaining yet intellectually stimulating career path.
Art Transactions and Disputes
Advising on the sale/purchase of art, both privately and at auction Bringing ‘rediscovered’ works to market and navigating authentication committees in the UK and abroad Advising on disputes arising from art transactions, including over title/ownership, authenticity, attribution, provenance, and non-payment
Art Consignment and Estate Planning
Advising on the consignment of art from the perspective of both consignor and consignee Advising on disputes arising from art consignments, including damage to work, breach of contract, and non-payment Advising on publishing agreements between publishers and contributors Legacy and estate planning for artists and collectors
Artist and Gallery Relations
Advising on representation agreements between artists and galleries and associated disputes Advising on art commissions from the perspective of both the artist and commissioner
Legal and Regulatory Matters
Advising on the law of agency, the duties owed by an agent to their principal, and disputes arising from alleged breach of fiduciary duties Advising on regulatory matters, including anti-money-laundering (AML) laws and regulations
Loans and Collateral
Advising and negotiating loans of art to institutions and other exhibitions Advising and negotiating loans using art as collateral for borrowers
Intellectual Property and Insurance
Advising on the exploitation and protection of copyright and related intellectual property rights, including “moral rights” and the Artist Resale Right (Droit de Suite) Advising insureds on art insurance coverage and associated disputes
Where can you do this type of work?
Several law firms in England specialise in art law, offering a range of services for artists, collectors, galleries, dealers, and institutions.
Here are some of the legal players in this field:
Examples of firms in this area listed in the Legal 500 and/or Chambers & Partners rankings include:
Other firms and organisations who have not submitted themselves for review in the Legal 500 and/or Chambers & Partners rankings are also available in this area of law.