A Lawyer Writes

Final appeal court decision is now imminent in copyright conundrum

Close investigation is vital to avoid difficulties with sanctioned individuals

Two cases dealt with recently underline problem of this clash of interests.

Two case studies reveal the kind of challenges the art trade has to tackle

Focus on how judges assess when art and antiques cases need special evidence

Decisions on act exemptions inevitably run the risk of subjective assessments

Arguments surround time limits imposed on subsequent stolen goods claims

The market for non-fungible tokens (NFTs) presents some notable legal issues

A lawyer writes: Leaving client checks to others as an art market participant can be tricky

Painting was reoffered without the original vendor being kept in the loop

Longstanding customers can muddle up the different roles of galleries and advisers

Case shows how confidentiality cannot always be completely relied on

Proper disclosure when contracts are drawn up will save a lot of later hassle.

How a bid to buy time led to a transaction being investigated

Risk of business insolvencies highlights grey area in Uniform Commercial Code

Historically verifiable ownership is very different from having an opinion

Vandalism of Banksy work brings up intriguing issue of the artist’s reputation

The most interesting recent art world case to find its way to trial, with judgment given in December 2019, was Sotheby’s vs Mark Weiss Limited (‘MWL’) and Fairlight Art Ventures Limited (‘Fairlight’).

Legal action by Duchess of Sussex highlights an issue of concern to the art world

Property case also has lesson for the art trade when it comes to handshake deals