Where do you find “Art Law?”

March 1, 2009

By Irina Tarsis

In the 21st century, some attorneys who represent artists and galleries, who work with auction houses and who advise collectors still deny the existence of art law as a practice area. We have opined on the definition of art law in the past. The reason to take up this subject again is to recognize that art law is on the rise, whatever art law is.

Where does art law manifest itself?

Are there distinct regulations that affect art law? Yes — Cultural Protection Implementation Act and VARA, come to mind. While the California Resale Royalty Act has been struck down as unconstitutional just last year, the US Copyright Office is collecting material to recommend for or against implementation of a Federal Royalty Resale Right in the United States.

Is it international or domestic? Page A4 of the March 1, 2013 issue of the New York Times prominently presented the story of the stolen mural by the English graffiti artist Banksy.

Is art law criminal or civil? Both.

Is art law prevalent in for profit or nonprofit sectors?

Sources: What is Art Law: Part I; What is Art Law: Part II.