Art Law Tips: Legal Considerations for Artists, Collectors & Advisors
What is art law?
Art law can be any area of law that touches upon an artwork. For example, it can be transactional (involving the sale or purchase of an artwork), intellectual property related or financial (i.e., using art and luxury assets as financial instruments or investments).
Ultimately, if your matter involves an artwork or luxury asset, there are numerous legal considerations on which you may need advice.
Who are the players in the art market?
Most of the participants in the art market fall into the following categories, each of whom are acting on their own set of needs and objectives:
Sources: artists, private sellers, art dealers, auction houses, foundations, institutions;
Buyers: private collectors, art foundations, art dealers, corporations, museums, auction houses, funds/investors, governments; and
Facilitators/intermediaries: auction houses, art fairs, online auctions, art dealers, funds/investors.
What kind of issues can arise?
There are a variety of potential issues to be mindful of when participating in the art market. For example:
issues can arise from the artwork itself (such as title disputes or the value of the artwork changing because of market demands or changes in attribution);
issues may derive from the rights underlying or associated with the artwork (namely intellectual property rights); and
Issues can come about from the transacting parties, often caused by a breakdown in relationship or contractual breaches.
It is never too soon to get legal advice. Whether you are just entering a transaction or a dispute is on the horizon, expert advice can help protect your position and manage the situation.
How can Dragon Argent help?
Our art and luxury asset solicitors can help artists, collectors, advisors and other intermediaries secure and protect their assets – whether this is art, or luxury assets.
We are also uniquely placed to assist with NFTs (non-fungible tokens) and digital art related matters. With our extensive experience advising entrepreneurs and businesses in the tech sector, we understand the drive for innovation and exploring avant-garde opportunities and can help you do so whilst protecting your interests.
Whether you need assistance with a transaction or a potential dispute, we understand the sensitivities surrounding art and luxury assets and can help you navigate this niche and nuanced terrain.
You can get in touch by scheduling a discovery call by clicking the link below to have an initial, complimentary discussion to understand how we can help.
Head of Commercial Litigation & Art Law Solicitor
About Margherita Barbagallo
Margherita is a dual qualified solicitor in England and Wales and Canada, specialising in commercial litigation and art law. She has experience acting for a wide variety of clients, ranging from companies to high-net-worth individuals, on contentious and transactional matters including multi-jurisdictional disputes. Whilst in Canada, Margherita practised as a solicitor and barrister, appearing regularly before the Canadian courts, including the Ontario Superior Court of Justice and the Court of Appeal for Ontario.
Margherita is a member of the organisation of Professional Advisors to the International Art Market (PAIAM) and the appointed Social Media Secretary for PAIAM’s International Next Generation (PING). She is proficient in English, French and Italian.
