In the first of our series of articles for small art businesses Becky Shaw highlights some tips to consider when selling your business… Continue reading
Category: Legal Views
How can you protect yourself from buying stolen art? Some practical tips
The potential sale of a collection of paintings stolen from a Dutch museum by Ukranian militia has made headlines this week.
But when the theft does not make the headlines, how can you protect yourself from buying stolen art? Continue reading
Bills of Sale consultation
Bills of sale are legal instruments, still used today, that allow individuals to transfer ownership of goods to another while retaining them physically. Historically, bills of sale were most often used as security for loans where the borrower would grant ownership to the lender over, say, a painting which would act as the security but (in contrast to pawn broking or granting a pledge) could keep the painting hanging on their wall. Once the loan was repaid, the ownership of the painting would be reinstated to the borrower. Continue reading
What happens if you unwittingly buy a looted artefact?
Is it possible to buy a looted artefact unwittingly?
Coins, jewellery, mosaics, glassware, vases, figurines and other artefacts are reportedly being excavated and smuggled out of Iraq and Syria on an ‘industrial’ scale, to be sold online or in Western dealerships. Continue reading
Buying art at auction – an art lawyer’s guide
With the summer auctions nearly upon us, we have put together an art lawyer’s guide to buying art at auction
Our first and fundamental tip is research! In an auction, a binding contract is made when the gavel falls, so you need to have done all of your research before then. What this entails will depend on the value of the item. Continue reading
Battle of the brands: ASOS defence upheld by Court of Appeal majority and ASSOS refused permission to appeal
ASSOS is a specialist cycling clothes business founded in Switzerland which ‘offers advanced, technical apparel’ at the top end of the market. ASSOS sells its goods in 37 countries worldwide, almost exclusively through specialist cycling stores. This is to ensure a high quality purchasing experience consistent with the brand. For this reason, ASSOS does not have an online store.
ASOS is a global online fashion and beauty retail business aimed primarily at fashion-conscious young people. It has always been conducted solely online with no physical shops. Originally called ‘As Seen on Screen’ and offering clothing, accessories and other items worn in TV or in films, the acronym ‘ASOS’ was adopted in early 2002 when ASOS moved towards general fashion clothing. Continue reading
Practical tips to sellers when consigning items to an auction house
Lessons learned from the case of Thwaytes v Sotheby’s
In 2006 Mr Thwaytes consigned a painting, the Cardsharps, to Sotheby’s for further investigation. Sotheby’s advised it was a good 17th Century copy of the original by Caravaggio and the painting was sold at auction for a hammer price of £42,000 to a leading Caravaggio scholar, Sir Denis Mahon, who later announced that he and others believed it to be by Caravaggio, and therefore worth far more. Continue reading
Updates: Gurlitt Collection: Will challenge rejected, Hildebrand’s documents to be published online, fourth painting identified as looted to be returned
Since our last two articles (here and here) there have been several developments in the ongoing saga of the Gurlitt collection. Continue reading
What to do if you discover you have bought a forgery
In December it was reported that the Michigan Court of Appeal has allowed a claimant to continue her lawsuit against a gallery relating to fake Salvador Dali prints, by ruling that the gallery’s alleged fraud had delayed the start of the limitation period (which would otherwise have now passed, barring her claim). Continue reading
Does what it says on the tin – Brand Art!
Author: Tom Broadhurst
In this second ART IP post I consider the intellectual property law underlying art crossing over to trade marks and brands.
