Tag Archives: Art Law

Fifty Shades of Gray Market Artwork

Droit moral – the legal doctrine that grants artists a moral right to dictate certain treatment of their artwork even after sale – has a firm foundation in European law and elsewhere, but has never found much support in U.S. jurisprudence.  Certain moral rights are recognized under the Visual Artists Rights Act of 1990, 17 … Continue Reading

Art Sale Transactions: Consign Your Design

Most working artists make a living by creating valuable one-of-a-kind or limited-edition pieces.  They then hand those pieces to a stranger to sell or display.  Entrusting artwork to a gallery, auction house, or museum is an intimidating process, but artists, buyers, secondary-market sellers, and agents all benefit from a common understanding of the language of … Continue Reading

Artist Resale Royalties: U.S. Copyright Office Seeking Comments

Should artists have the opportunity to benefit from the increased value of their works?  At the request of Congress, the U.S. Copyright Office is considering whether artists and/or their heirs should be granted a percentage of the proceeds from the resale of their original works of art.  On Dec. 15, 2011, Senator Herb Kohl and Representative Jerry Nadler introduced the … Continue Reading

After Seven Years, Second Circuit Denies Claim to Stolen Art by Heirs of Holocaust Victim

Cases about Nazi-era stolen artwork can present some of the more complicated issues.   Stemming from cross border theft, these disputes often include difficulties regarding venue, complex factual scenarios, the sovereign decisions of foreign governments, and other issues of public and private international law.  But although these issues and more were present in a recent case … Continue Reading

The Art of the Deal

Authored by: Dennis Cohen and Lindsey Shoshany Art galleries have long been an outlet for artists to display their work.  For some artists, they provide a means to earn a living.  Ordinarily, a gallery owner delivers an artist’s proceeds upon sale of the artist’s work.  Galleries themselves are also compensated from the sale of these … Continue Reading