When Life Gives You Lemons — Call an Attorney

Individuals and organizations acquiring paintings, sculptures, prints, and other works need to be aware of the importance of art law. Legal counsel for art transactions is especially important if you are making a major financial commitment or might have liability exposure. An art attorney will want a buyer to be mindful of these four potential transaction issues.

Rights

Whenever you're buying a work of art, there will be questions about the associated rights. Someone who's buying one print out of a run of 300 probably doesn't expect to acquire the copyright to the work. Conversely, someone who's buying the only painting known to exist might believe they're getting the copyright.

For an art lawyer, this is relatively easy to negotiate if you're dealing with the original artist and their attorney. However, it gets more challenging once a work and its rights have changed hands several times. Counsel should track down the rights for every artwork you buy to ensure you'll get everything you expect from a purchase.

Compliance

Some works of art are subject to certain laws. This is particularly true when it comes to older works of art that may be subject to laws and treaties governing national and cultural heritage. It is wise to have an art attorney investigate such compliance issues. Otherwise, a court might order you to turn over a piece after you've bought or transferred it.

Authentication and Provenance

The history of a work is often as big of a deal as the piece itself. Ideally, a seller can provide verifiable provenance of the entire history of a work. Frequently, these details not only provide a stronger legal case for the authenticity of the art, but they can enrich the narrative surrounding the piece. A letter from a previous owner, for example, can offer provenance while also adding to the history of how it has moved from buyer to buyer.

Notably, lots of works don't have unbroken histories. Pieces get lost and found, and the reality is that pieces surface years or even decades after thefts. A seller should be comfortable with scientific authentication methods, such as analyzing the materials and strokes in the piece. Likewise, an art attorney will want to integrate reports into the transaction.

Risks to Artistic Works

Finally, there is the issue of risk. Foremost, there is the simple risk that a piece could suffer damage in transit. Who will be responsible for insuring the art during shipping? Secondly, there is risk associated with the authenticity of the piece. If a Renoir turns out not to be a Renoir, contracts and insurance can mitigate your risk.

For more information, contact an art lawyer near you.