The art world may seem like a haven for the creative souls, but there is an extensive legal framework behind it all.
There can be disputes across the industry about topics such as ownership, copyrights and even theft or forgeries. If you are an artist or art dealer, it is important that you have a team of expert lawyers in your corner to keep your best interests at heart.
Copyright laws
Generally, in the UK, the creator of a piece of artwork is automatically granted the copyrights of that material. This ownership usually lasts for the lifetime of the creator and then an extra 70 years after their death. However, this does differ depending on the type of work, whether it has been published or if the creator is unknown.
One key difference is if you are creating a piece of artwork as an employee of a larger company. This means that the artwork automatically belongs to your employer instead of yourself.
Buying and selling
The mechanics of selling or buying art are the same as anything else – you pay for an item and it arrives. The complexity arrives when it comes to the legalities involved which is why having lawyers to consult is helpful.
As a buyer, it is always worth doing your due diligence when it comes to purchasing artwork. You will want to check things such as whether the artwork is stolen, the condition of the artwork and its provenance.
Forgeries
As much as films about forgeries are exciting and thrilling, the reality is that it is incredibly hard to forge a piece of artwork to a high level. That being said, experts believe that up to 50% of all works on the market and in museums are forgeries.
Forgeries are a crime in UK law, as they fall under the banner of theft by false representation. If someone were to be convicted of this, it would land them a prison sentence.
There is currently a trial happening in France for someone accused of trying to sell forgeries of 18th-century furniture to institutions such as the Palace of Versailles. Although this is a large-scale case, it is expected to be in the courts for a while.
Exporting
Sometimes artwork needs to be sent overseas to a private collector or on loan to a museum. If the value of that artwork is over a certain amount then an export licence is needed. The aim is for the UK to retain cultural goods that are deemed to be of outstanding national importance.
There are different financial thresholds depending on the item you are trying to export. For example, an oil or tempera painting that is over 50 years old must have an export licence if it is valued at over £180,000.
