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Home image/svg+xml 2021 Timothée Giet AL Clippings image/svg+xml 2021 Timothée Giet The Art World: Business as Usual?
Back

The Art World: Business as Usual?

February 21, 2011

A recent article in the Economist prompts a review of recent changes in the art market.

As the Economist points out, a number of artists have displayed impressive entrepreneurship throughout history. They can change the art market around them by targeting new customers, opening up new channels of distribution, and finding more cost-effective methods of production. For example, Damien Hirst bypassed art dealers and sold his works directly at auction. The effects of his use of an auction house in the primary art market are still being felt.

Artists have also demonstrated a creative ability to respond to technological innovations. The Economist notes that “modern artists adapted to the arrival of photography, a technology that could have made them redundant.” Artists have embraced new technologies as new media for creating art, and also as new business tools for marketing art.

An online VIP (Viewing in Private) art fair debuted at the end of January 2011. The fair suffered problems as the technological features could not keep up with the number of visitors and demands. However, the Financial Times considered it an overall success. Griselda Murray Brown declared that “commerce is now more global than ever, and the art world both bigger and – when the technology allows – better connected.”

Kinetica Artfair
expanded on the usual kinds of art that could be sold via the art fair model. The fair, which took place at the beginning of February 2011, hosted galleries and artists that display “kinetic, electronic, robotic, sound, light, time-based and multi-disciplinary new media art, science and technology.” Nicole Campoy-Leffler at the Huffington Post asks if this fair represents “The Future of Art?”

Despite the current economic climate, Christie’s reported the highest sales for an auction house, ever, in 2010. Katherine Ryder at the Wall Street Journal reports that Christie’s attributes much of its success to these innovations in the art market, “with more auctions, new customers, private sales and growth in online auctioneering. ”

ArtInfo reports that investors are starting to play the art market game. It seems more about business and less about art. “Some analysts believe that the increasing readiness of investors — rather than art lovers — to sink money into art are turbo-charging a boom that might lead to new busts.”

As the art market changes, the laws that affect each aspect of the market process, from production to transfer of title, may need to be re-examined. For example, what legal duties will be placed on sellers to regulate prices?

Read one examination of the art market at the Economist.

Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.

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The expansion of the use of collaborations between The expansion of the use of collaborations between artists and major consumer corporations brings along a myriad of IP legal considerations. What was once seen in advertisement initiatives  has developed into the creation of "art objects," something that lives within a consumer object while retaining some portion of an artists work. 

🔗 Read more about this interesting interplay in Natalie Kawam Yang's published article, including a discussion on how the LOEWE x Ghibli Museum fits into this context, using the link in our bio.
We can't wait for you to join us on February 4th! We can't wait for you to join us on February 4th!  Check out the full event description below:

Join the Center for Art Law for an in-person, full-day training aimed at preparing lawyers for working with art market participants and understanding their unique copyright law needs. The bootcamp will be led by veteran art law attorneys, Louise Carron, Barry Werbin, Carol J. Steinberg, Esq., Scott Sholder, Marc Misthal, specialists in copyright law. 

This Bootcamp provides participants -- attorneys, law students, law graduates and legal professionals -- with foundational legal knowledge related to copyright law for art market clients. Through a combination of instructional presentations and mock consultations, participants will gain a solid foundation in copyright law and its specificities as applied to works of visual arts, such as the fair use doctrine and the use of generative artificial intelligence tools.

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Don't forget to grab tickets to our upcoming Collo Don't forget to grab tickets to our upcoming Colloquium, discussing the effectiveness of no strike designations in Syria, on February 2nd. Check out the full event description below:

No strike designations for cultural heritage are one mechanism by which countries seek to uphold the requirements of the 1954 Hague Convention. As such, they are designed to be key instruments in protecting the listed sites from war crimes. Yet not all countries maintain such inventories of their own whether due to a lack of resources, political views about what should be represented, or the risk of misuse and abuse. This often places the onus on other governments to create lists about cultures other than their own during conflicts. Thus, there may be different lists compiled by different governments in a conflict, creating an unclear legal landscape for determining potential war crimes and raising significant questions about the effectiveness of no strikes as a protection mechanism. 

Michelle Fabiani will discuss current research seeking to empirically evaluate the effectiveness of no strike designations as a protection mechanism against war crimes in Syria. Using data on cultural heritage attacks from the height of the Syrian Conflict (2014-2017) compiled from open sources, a no strike list completed in approximately 2012, and measures of underlying risk, this research asks whether the designations served as a protective factor or a risk factor for a given site and the surrounding area. Results and implications for holding countries accountable for war crimes against cultural heritage are discussed. 

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Don't miss our up coming in-person, full-day train Don't miss our up coming in-person, full-day training aimed at preparing lawyers for working with art market participants and understanding their unique copyright law needs. The bootcamp will be led by veteran art law attorneys, Louise Carron, Barry Werbin, Carol J. Steinberg, Esq., Scott Sholder, Marc Misthal, specialists in copyright law. 

This Bootcamp provides participants -- attorneys, law students, law graduates and legal professionals -- with foundational legal knowledge related to copyright law for art market clients. Through a combination of instructional presentations and mock consultations, participants will gain a solid foundation in copyright law and its specificities as applied to works of visual arts, such as the fair use doctrine and the use of generative artificial intelligence tools.

🎟️ Grab tickets using the link in our bio! 

#centerforartlaw #artlaw #legal #research #lawyer #artlawyer #bootcamp #copyright #CLE #trainingprogram
In order to fund acquisitions of contemporary art, In order to fund acquisitions of contemporary art, The Phillips Collection sold seven works of art from their collection at auction in November. The decision to deaccession three works in particular have led to turmoil within the museum's governing body. The works at the center of the controversy include Georgia O'Keefe's "Large Dark Red Leaves on White" (1972) which sold for $8 million, Arthur Dove's "Rose and Locust Stump" (1943), and "Clowns et pony" an 1883 drawing by Georges Seurat. Together, the three works raised $13 million. Three board members have resigned, while members of the Phillips family have publicly expressed concerns over the auctions. 

Those opposing the sales point out that the works in question were collected by the museum's founders, Duncan and Marjorie Phillips. While museums often deaccession works that are considered reiterative or lesser in comparison to others by the same artist, the works by O'Keefe, Dove, and Seurat are considered highly valuable, original works among the artist's respective oeuvres. 

The museum's director, Jonathan P. Binstock, has defended the sales, arguing that the process was thorough and reflects the majority interests of the collection's stewards. He believes that acquiring contemporary works will help the museum to evolve. Ultimately, the controversy highlights the difficulties of maintaining institutional collections amid conflicting perspectives.

🔗 Click the link in our bio to read more.
Make sure to check out our newest episode if you h Make sure to check out our newest episode if you haven’t yet!

Paris and Andrea get the change to speak with Patty Gerstenblith about how the role international courts, limits of accountability, and if law play to protect history in times of war.

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According to Ukrainian officials, between 2014 and 2019 Butyagin destroyed parts of the Myrmekion archaeological site while serving as head of Ancient Archaeology of the Northern Black Sea region at St. Petersburg's Hermitage Museum. The resulting damages are estimated at $4.7 million. Notably, Russia's foreign ministry has denounced the arrest, describing Poland's cooperation with Ukraine's extradition order as "legal tyranny." Russia invaded and annexed Crimea in 2014.

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Join us on February 18th to learn about the proven Join us on February 18th to learn about the provenance and restitution of the Cranach painting at the North Carolina Museum of Art.

A beloved Cranach painting at the North Carolina Museum of Art was accused of being looted by the Nazis. Professor Deborah Gerhardt will describe the issues at stake and the evidentiary trail that led to an unusual model for resolving the dispute.

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“In the depth of winter, I finally learned that wi “In the depth of winter, I finally learned that within me there lay an invincible summer."
~ Albert Camus, "Return to Tipasa" (1952) 

Camus is on our reading list but for now, stay close to the ground to avoid the deorbit burn from the 2026 news and know that we all contain invincible summer. 

The Center for Art Law's January 2026 Newsletter is here—catch up on the latest in art law and start the year informed.
https://itsartlaw.org/newsletters/january-newsletter-which-way-is-up/ 

#centerforartlaw #artlaw #lawyer #artlawyer #legalresearch #legal #art #law #newsletter #january
Major corporations increasingly rely on original c Major corporations increasingly rely on original creative work to train AI models, often claiming a fair use defense. However, many have flagged this interpretation of copyright law as illegitimate and exploitative of artists. In July, the Senate Judiciary Committee on Crime and Counterterrorism addressed these issues in a hearing on copyright law and AI training. 

Read our recent article by Katelyn Wang to learn more about the connection between AI training, copyright protections, and national security. 

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Join the Center for Art Law for an in-person, all- Join the Center for Art Law for an in-person, all-day  CLE program to train lawyers to work with visual artists and their unique copyright needs. The bootcamp will be led by veteran art law attorneys specializing in copyright law.

This Bootcamp provides participants -- attorneys, law students, law graduates and legal professionals -- with foundational legal knowledge related to copyright law for art market clients. Through a combination of instructional presentations and mock consultations, participants will gain a solid foundation in copyright law and its specificities as applied to works of visual arts, such as the fair use doctrine and the use of generative artificial intelligence tools. 

🎟️ Grab tickets using the link in our bio!
Our interns do the most. Check out a day in the li Our interns do the most. Check out a day in the life of Lauren Stein, a 2L at Wake Forest, as she crushes everything in her path. 

Want to help us foster more great minds? Donate to Center for Art Law.

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