Art
Collecting art and artefacts can be a lifetime passion. But owning art also brings with it obligations and responsibilities, as well as the need to consider tax planning, inheritance, reputation and the protection of cultural heritage.
Art and antiquities transcend national boundaries as they are bought, sold, exhibited, loaned expropriated or stolen around the world. Art attracts different legal treatment wherever and whenever it passes. But art is like no other commodity. It can often attract loud media and political attention yet those who deal in it are reliant on trust and discretion. In many ways the art world is a law unto itself.
In response to client demand in 1995 Mishcon de Reya created the art law specialist group. Eleven years on we advise on almost every conceivable aspect of the art market including artists, dealers, institutional and private collectors, galleries, governments, financiers, artists and collectors estates, art publishers, auction houses, art charities, museums, conservators, curators and art historians.
Matters we advise on include:
- Sale, purchase, loan and consignment of art
- Import, export and movement of art
- Provenance, authenticity, attribution and ownership of art
- Criminal and fraud aspects, including fakes, forgeries, money laundering and theft
- Exploitation and protection of copyright and other intellectual property rights
- Art funds
- "Droit de Suite" – artist's resale right
- Creation, management and dissolution of art funds
- Art as security
- Art related aspects of estate, wills, trusts
- Tax issues
- Insurance
- Cultural heritage property claims, including spoliation and restriction.
We are UK based but have built up an extensive international network of art world contacts and a close association with other specialist art lawyers throughout the world.
For further information about our services or to discuss a particular situation, please contact Karen Sanig on +44 (0)20 7440 7036 or by email.
Work Highlights
Our team has advised on the following:
- Advising a Swiss private collector on a claim against an auction house for delivery of a damaged Picasso.
- Advising a private collector prior to the acquisition of a manuscript collection and negotiating the terms of purchase.
- Representing the heirs to a French estate to prevent a potential sale at a major auction house of stolen antiquities.
- Advising a US Old Master collector in a dispute with a UK art dealer regarding the purchase of a painting attributed to Van Dyck.
- Advising the Arab Republic of Egypt in relation to obtaining the return of looted cultural heritage artefacts.
- Advising a US artist's Foundation on protection of copyright of the artist's work in the UK.
- Reviewing and amending terms and conditions of sale of large international art dealers.