Guide · Intellectual Property

Art Law: A Comprehensive Guide to Sales, Authenticity, Moral Rights, and Cultural Property

28 U.S.C. §§ 1602

Type
Guide
Jurisdiction
National
Date
2024-04-04
Topic
Intellectual Property

A complete practitioner's treatment of art and cultural property law for collectors, galleries, auction houses, museums, artists, and their counsel. Parts I through III cover title: the void title rule that distinguishes art from most commercial markets, the entrustment exception that catches consignors, the divergence between common law and civil law good faith purchase, and the limitations and laches rules that decide most disputes. Part IV covers Nazi-era restitution including the HEAR Act, the Washington Principles, and sovereign immunity after Altmann, Philipp, and Cassirer. Parts V and VI cover the criminal and regulatory overlay: the National Stolen Property Act and the McClain doctrine, CPIA import restrictions, NAGPRA and the 2024 regulations, and anti-money-laundering obligations. Parts VII and VIII cover sales practice, authenticity warranties and disclaimers, auction conditions of sale, and the collapse of authentication boards. Parts IX and X cover copyright, VARA moral rights, and the appropriation art fair use question after Warhol. Parts XI through XIV cover consignment and Article 9, art-secured lending, tax and estate planning, insurance, and museum practice. Part XV is the verification list.

Art Law: A Comprehensive Guide to Sales, Authenticity, Moral Rights, and Cultural Property

Intellectual Property > Art and Cultural Property | Published 4 April 2024 - Updated 13 March 2026 | UpLaw - uplaw.us

In brief. Four questions govern any art matter. Whose is it (title, which never cleans if the work was stolen). Is it what they said (authenticity and warranty). What did the artist keep (copyright and VARA). And who gets it if the gallery fails (Article 9, which nobody expects to be in an art contract).

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