Art @Law

Changes to Copyright Exceptions

07/11/2014

As of 1 October 2014, three new exceptions to copyright infringement have come into force in the UK. The new exceptions affect the way in which copyrighted works can be used and have come about as a result of increasing pressure on UK legislation to reflect the fast-paced digital age that we live in. These changes are likely to not only impact creators and copyright owners, but also consumers, researchers and those in the education sector. The three new exceptions

Peggy Guggenheim Museum in Venice

Peggy Guggenheim – when the heirs and the foundation disagree

07/11/2014

Foundations are often established to manage large art collections after the death of the art collector.  Unfortunately, the interests of the collector’s heirs do not always align with those of the foundation, and disputes arise. Such disputes raise the question of the extent of the rights of the heirs when the deceased’s art collection is managed by a foundation. The Tribunal de Grande Instance in Paris had to examine this very question in the context of the Peggy Guggenheim collection,

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The impact of new consumer protection on dealer and gallery sales

11/06/2014

New regulations aimed at protecting consumers come into force in the UK on 13 June 2014.  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to sales between traders and consumers.  Sales amongst professionals are not caught by the regulations. The regulations consider different types of trader-to-consumer sales: on-premises sales, distance sales and off-premises sales.  Each category of sale is subject to its own regulations. The main issues for dealers and galleries selling art, antiques and collectibles are

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Expert opinion: a U-turn by the French Supreme Court

11/06/2014

French courtrooms are no strangers to disputes over the authenticity of artworks.  Over the past 15 years, the French judiciary has repeatedly been called upon to adjudicate lawsuits brought against authors of catalogue raisonnés, artists’ foundations, and connoisseurs recognised by the art market as the ‘leading experts’ on a given artist.  These lawsuits, usually brought by aggrieved art owners, have one fundamental objective: challenging the experts’ refusal to acknowledge the authenticity of the artwork. In authenticity disputes, French Courts like

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The new UK payment surcharges regulations and their effect on art market transactions

11/06/2014

As part of the broader EU reform of consumer protection, the UK has implemented a number of legislative changes substantially strengthening consumer rights. One of those changes is enshrined in the Consumer Rights (Payment Surcharges) Regulations 2012, which came into force on 6 April 2013 and directly impact art market professionals accepting payment by card. The Regulations prohibit traders from charging consumers fees that exceed the cost borne by the trader for the use of a given means of payment.