Tag: Art law

The Bribery Act – How does it affect my business?

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If you want to wine and dine a potential client, or treat an existing client to lunch to thank them for their custom, you may not realise that you could potentially be caught by the Bribery Act 2010 if the gift is deemed to be excessive and go well beyond reasonable efforts to promote your business. While only extravagant and disproportionate gifts are likely to cause an issue, it is worthwhile familiarising yourself with the Bribery Act and the types of activities it covers.

In the second of our series of articles for gallery owners and small businesses, we summarise the main provisions of the Bribery Act 2010 and how it might affect you and your business. Continue reading →

Bills of Sale consultation

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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 →

European Union backs down on cadmium pigment ban

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Artists across the European Union are popping tubes of red, yellow and orange paint in celebration over the defeat of a proposed EU-wide ban on cadmium pigment.

As the Art Newspaper reports, the announcement was made on 28 October 2015 after a lengthy and impassioned campaign by artists and paint makers to save what artist Emily Faludy has described as “sunshine in a tube.” Continue reading →

Who owns street art?

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A Banksy mural that appeared on the back of an amusement arcade triggered a groundbreaking legal dispute, write Tim Maxwell, Becky Shaw and Andrew Bruce.

In a judgment handed down on 11 September in The Creative Foundation v Dreamland Leisure Limited [2015] EWHC 2556 (Ch), the High Court held that a tenant was not entitled to remove a Banksy mural from the wall of its leasehold property and must deliver it up to the claimant. Continue reading →

The Creative Foundation brings Banksy back to Folkestone

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Following popular demand and a lengthy legal battle, the Creative Foundation has successfully managed to secure the return of the Banksy for Folkestone.

The Banksy, ‘Art Buff’, appeared overnight on a wall in the heart of Folkestone’s Creative Quarter during the 2014 Folkestone Triennial, and was stated by the artist to have been given as ‘Part of the Folkestone Triennial. Kind of’. The Folkestone Triennial is a major art event run by the Creative Foundation, a charity which promotes creativity and the arts as part of the regeneration of Folkestone. ‘Art Buff’ quickly became a popular local attraction but, sadly, that was not to last. The tenants of the building, Dreamland Leisure Limited, a company linked to the Godden family, arranged for ‘Art Buff’ to be cut out of the property before the Triennial had ended. The mural was shipped to the US and offered for sale. Continue reading →

Controversy over Richter catalogue raisonné

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Gerhard Richter has raised an interesting conundrum for collectors and lawyers alike. The well-respected artist has a reputation for a rigorous control of his oeuvre, and has one of the most thorough and comprehensive catalogue raisonné of any artist, living or dead. (Much of this information, which includes a photograph of each work, alongside details of its provenance, exhibition and literature history is available to view online, although the website issues a disclaimer that it is not to be treated as a catalogue raisonné, and therefore ‘may not be relied upon as constituting a representation or warranty that such work is or is not an authentic work of Gerhard Richter’). Continue reading →

Battle of the brands: ASOS defence upheld by Court of Appeal majority and ASSOS refused permission to appeal

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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 →