Over recent years, the UK and international art markets have grown hugely. Individuals, companies and other organisations are now increasingly involved in buying, selling and collecting art, whether for business, pleasure or investment purposes.

But buying and selling art is highly complex and it is vital to understand the potential risks and other issues involved. As the market grows, it becomes more competitive and clients more demanding. There is also an increased risk of disputes over issues such as authenticity, attribution, and title.

For fine art and auction houses, valuable time can be lost in dealing with such legal issues, hence the need to be able to call upon experienced lawyers who readily understand the market.

Bevan Brittan’s Art & Auction Law team can draw upon over 50 lawyers with expertise in commercial and corporate law, dispute resolution, fraud and asset protection, information technology and intellectual property law, health and safety law and tax law.

We are able to offer genuine specialist expertise, which we combine with practical, commercial advice.

Our dedicated team of lawyers covers all aspects of art and auction law, including:

·         Transactional and contractual advice, including: due diligence; negotiation and preparation of sale, purchase and loan agreements; standard terms and conditions of business; and the use of art as security.
·         Title (including ownership disputes) and provenance.
·         Authenticity (including counterfeit goods), attribution, valuation and cataloguing.
·         Damaged and lost artwork.
·         Fraud, theft and recovery.
·         Compliance, regulatory and money laundering issues.
·         Policy indemnity issues and insurance claims.
·         Exploitation and protection of copyright, design rights and other intellectual property rights, and compliance with the Artist’s Resale Right Regulations (droit de suite).
·         Import, export and movement of art, and other cross-border issues.
·         Art-related aspects of tax planning.

Our team’s recent experience includes:

·         Advising on a number of issues arising out of auction houses’ standard terms and conditions of business.
·         Advising (and, where necessary, conducting proceedings in the High Court) in respect of claims relating to: title; attribution; mis-cataloguing; lost, damaged, stolen and counterfeit art; fraud; war loot; and restitution.
·         Advising on all aspects of design right and copyright in creative works and other intellectual property issues.
·         Advising on health and safety issues relating to artwork.
·         Acting on a regular basis for one of the major online art rental companies in relation to ownership and risk issues.
·         Acting for Sotheby’s in High Court proceedings arising from a dispute over ownership of a Rachmaninoff manuscript (2005 EWHC 258 (QB)). The case included multi-jurisdictional issues and questions of provenance.

For further information please contact:
Tom Ellis
tom.ellis@bevanbrittan.com
0870 194 1609