London art law firm Crefovi is delighted to bring you this art law blog, in order to provide you with forward-thinking and insightful information on top business and legal issues in the art world.
This art law blog provides regular news and updates, and features summaries of recent news reports, on legal issues facing the global art and culture community, in particular in the United Kingdom and France. This art law blog also provides timely updates and commentary on legal issues in the museum and visual arts sectors. This blog is curated by the arts’ lawyers of our law firm, who specialise in advising our ‟Art, artefacts & cultural” clients in London, Paris and internationally on all their legal issues.
Crefovi has been practising art law since 2003, in London, Paris and internationally. Crefovi advises a wide range of clients, from young artists in search of financing, gallery representation and exhibition spaces, to mature art players such as auction houses, established art collectors, galleries and museums, in need of legal advice to negotiate and finalise licensing or sales agreements and/or to enforce their intellectual property rights. Crefovi writes and curates this art law blog to guide its clients through the complexities of art law.
Crefovi’s international clients are mainly involved in contemporary art and antics, either as collectors, art galleries, museums or art foundations. Their legal needs, met by London art law firm Crefovi, range from tax issues raised by corporations’ investments in art works, to the execution of wills with a large proportion of art works to be distributed to heirs.
Crefovi’s art lawyers regularly attend, and speak at, important art events such as the TEFAF, Art Basel, Frieze, FIAC & Miami Basel art fairs.
Crefovi is also an active and dedicated collector of contemporary art, maintaining and managing a corporate collection in England and France.
Moreover, Crefovi has industry teams, built by experienced lawyers with a wide range of practice and geographic backgrounds. These industry teams apply their extensive sector expertise to best serve clients’ business needs. One of the industry teams is the ‟Art law” department, which curates this art law blog below, for you.
Crefovi regularly updates its social media channels, such as Linkedin, Twitter, Instagram, YouTube and Facebook. Check our latest news there!
Digital Services Act: the revolution will be televised
The Digital Services Act is upon us and, with its bestie the Digital Markets Act, promises to force powerful changes in the digital ecosystem currently in place in the European Union and, even globally. The power is shifting back to the people, with the Digital Services Act, and intermediary service providers better listen to their complaints about unclear and cunning terms and conditions of service, their takedown notices for illegal content, products and services, as well as their concerns about bullying, breach of free speech, unfair targeting of minors, minorities, etc. Otherwise, the European Commission and national Digital Services Coordinators...
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Cultural assets restitution: why the British Museum & ‟Musée du Quai Branly”, amongst others, must act now
While reviewing various daily articles about the podcasting industry, I recently came across the podcast series ‟The Unfiltered History Tour with VICE World News”. This series broadcasts ‟stories of disputed artefacts, as told by people from their homelands” (sic), in relation to artefacts held/stored at the British Museum in London, in the United Kingdom (‟UK”). I listened to the 10 episodes, and was moved by how strongly the descendants of the people to whom these objects belonged (such as an Egyptian researcher, for the Rosetta stone; a filmmaker from Rapa Nui, for the statue ‟hoa hakananai’a”; an artist and writer...
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AI & copyright protection: lawmakers must swiftly adapt to save their creative industries
Artificial intelligence (‟AI”) technologies, which developed exponentially in the last 5 years, are here to stay and thrive. Most legal frameworks, in particular in the French and US, are not ready for these technological advances. Indeed, most courts still refuse to grant copyright protection and ownership, to AI-generated works, worldwide. This situation is not sustainable, as AI-generating tools and platforms will replace traditional methods of generating content, in a very short timeframe. Legal frameworks must therefore adapt and yield, in order to ensure that their national creative industries remain competitive and at the top of the class. How can this...
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Freedom of speech in the creative industries: how did it all go so wrong?
While cancel culture and culture wars are attacks on freedom of speech and freedom of expression which come from the bottom, the virulence of the latest onslaught on freedom of the press and creative expression now comes from the top. States, government structures, public and private companies, oligarchs as well as other plutocrats are using all the legal tools in the box, and more, to silence, intimidate and neuter anyone who may as much as mouth a criticism about them, their behaviours, their actions and their track records. The creative industries are particularly targeted by these authoritarian top-down approaches and...
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Druet v Cattelan: a missed opportunity to capitalise on the legal framework for collaborative art works
It's the story of a baffling legal case, where neither of the parties come out on top, having lost either reputation, or money, or both, in the process. Daniel Druet lost an occasion to make a splash in the art world, because his statement of claims was extremely poorly drafted and badly structured. Emmanuel Perrotin and Maurizio Cattelan came out as a bunch of amateurs, no more than unsophisticated stakeholders of the contemporary art business, from this legal saga. Here is how it could have boosted the ego and pockets, of Mr Druet, and adorned the respective blasons of Mr...
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How to enforce civil and commercial judgments after Brexit?
As explained in our two previous articles relating to Brexit, ‟How to protect your creative business after Brexit?” and ‟Brexit legal implications: the road less travelled”, the European Union (‟EU”) regulations and conventions on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, ceased to apply in the United Kingdom (‟UK”) once it no longer was a EU member-state. Therefore, since 1 January 2021 (the ‟Transition date”), no clear enforcement system is in place, to enforce a UK civil or commercial judgment in a EU member-state, and vice-versa. Creative businesses now have to rely on...
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Why getting an agent is critical, to make it in the creative industries
In the creative industries, the talent is often represented by middle men, who reach out to end customers, and find avenues whereby, and marketplaces on which, the products and/or services and skillset of the talent they represent are marketed, sold, distributed, licensed, etc. So, in the art world, these middle men are art galleries and auction houses. In the book publishing sector, these middle men are called literary agents, while in the film industry, those representing the above-the-line talent (actors, directors, writers) are called acting agents and agencies. Even music composers have their own composer agents, with a handful of...
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Cancel culture: how the creative industries should ride out the storm
Cancel culture is upon us. This is what we are currently being told by British and French mass media, who have finally caught up with the content of the latest, and first non-fictional, book ever published by acclaimed, yet heavily criticised, American author Bret Easton Ellis, ‟White”. The polemic rages on both sides of the pond, ignited by more than 150 public figures signing a controversial letter denouncing cancel culture. So, what's going on? What is ‟cancel culture”? Why should you pay attention to, and be cautious about it, as a creative professional? Is this even a thing in Europe...
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Why the valuation of intangible assets matters: the unstoppable rise of intangibles’ reporting in the 21st century’s corporate environment
It is high time France and the UK up their game in terms of accounting for, reporting and leveraging the intangible assets owned by their national businesses and companies, while Asia and the US currently lead the race, here. European lenders need to do their bit, too, to empower creative and innovative SMEs, and provide them with adequate financing to sustain their growth and ambitions, by way of intangible assets backed-lending.
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How to defend yourself in case the artwork bought at auction does not match its pre-sale description?
While collecting art works is becoming an increasingly popular & sexy hobby for affluent individuals, the financial & legal risks involved in such activities are very high, especially when such art pieces are bought at auction. Indeed, it is in the interest of auction houses to depict a rosy & partial portrait of any artwork on sale, which often does not reflect the exact provenance and/or condition of such work of art. How can a collector prevent such partial disclosures and inaccurate embellishments relating to the condition or provenance of a coveted artwork on sale, at auction?
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Art and arbitration: what needs to be done to improve the security of art sales and transactions
There is much room for improvement in securing art sales and transactions, and arbitration can do a lot to make this change happen. What is the state of play? What improvements do art buyers want to see in the future, to adequately resolve art disputes?
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Art and mediation: what needs to be done to improve the security of art sales and transactions
There is much room for improvement in securing art sales and transactions, and mediation can do a lot to make this change happen. What is the state of play? What improvements do art buyers want to see in the future, to adequately resolve art disputes?
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Annabelle Gauberti featured in documentary ‟The man who stole Banksy”, which première will take place at the Tribeca Film Festival
Annabelle Gauberti, founding partner of Crefovi and street art law specialist, is featured in the upcoming documentary, written, directed and produced by Crefovi client Marco Proserpio, ‟The man who stole Banksy”. Go watch this documentary at the Tribeca film festival in New York!
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Taxation of acquisition & sale of artworks: auctions & private sales
Taxation of acquisition & sale of artworks: auctions & private sales. Annabelle Gauberti, founding and managing partner of Crefovi, devises on this complex aspect of art tax law, in the Revue fiscale du patrimoine.
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The art world in 2015: views from 15 experts selected by Private Art Investor
What does 2015 hold in store for the art world? As 2014 draws to a close, the magazine Private Art Investor spoke to 15 key figures in the art world to discover their predictions and preoccupations for the coming year.
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How to buy and sell ‟real” street art
Many people want to collect street art, but there are issues with taking it directly from the street. How to buy and sell ‟real” street art? Annabelle Gauberti, founding and managing partner of the London and Paris art law firm Crefovi, and president of ialci, explains the legal issues you need to be aware of. Read it in Private Art Investor.
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Manual for use by the corporate art collector
In the past, major collectors would buy larger houses to show their art works. Now, many private collectors - in particular corporate art collectors - find or build large spaces to show their art and then continue to buy art to exhibit within them. Increasingly, private collectors are taking on the role of non-profit institutions (such as museums and institutional associations).
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Why selective distribution makes sense for a luxury or premium business
Through selective distribution, a brand wishing to distribute its products on UK soil or on the whole territory of the European Union, has the right to set a certain number of criteria allowing it to select which dealers will have the right to resell its products.
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New EU consumer contracts legislation came into force on 13 June 2014. Are you ready for this tsunami?
There has been a drastic change to consumer contracts legislation in each of the 28 member-states of the European Union, further to the coming into force, on 13 June 2014, of new national rules transposing Directive n. 2011/83/EU on consumer rights. Let's have a look at how these changes and new EU consumer contracts legislation will affect businesses operating in France and the United Kingdom.
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Art Basel 2014: Crefovi is coming, Basel
Crefovi is delighted to, once again, be invited as a VIP guest to the most important and widely-respected modern and contemporary art fair in the world, Art Basel. We look forward to meeting face-to-face with our art and luxury clients, during Art Basel 2014, this event ‟incontournable” for the art business and world.
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Why it makes sense to invest in the creative industries and support them
While many fast-growth companies in the creative industries are currently the target of heavy private equity investments and a flurry of mergers and acquisitions, it makes sense, from a tax and financial standpoint, for individuals and corporate investors to go ‟long” on creative startups and SMEs.
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Crefovi attends luxury dinner at Claridge’s, hosted by the French Chamber of Commerce in Great Britain
Annabelle Gauberti, founding and managing partner of Crefovi, was delighted to be among the guests at the luxury dinner at Claridge's, on 15 April 2014.
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How to efficiently fight against counterfeiting in the fashion and luxury sectors?
Counterfeiting is the specific term, in intellectual property, referring to any infringement or unauthorised use of an intellectual property asset owned by a third party.
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Master innovation luxury & design: Crefovi teaches the law of luxury goods at master in luxury management
Crefovi's founding and managing partner, Annabelle Gauberti, is delighted to teach the students of the Master innovation luxury & design.
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Street art law: what legal solutions in case of thefts of urban art?
Crefovi's founding and managing partner, Annabelle Gauberti, was interviewed by Canal Plus on street art law, more specifically on the legal recourse that artists have, in case their works of street art and graffitis are stolen from the urban landscape.
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Art and luxury: how the art market became a luxury goods business – revisited
London law firm for creative industries Crefovi publishes its latest proprietary research in the art and luxury issue of INFO Magazine, in relation to the interactions between the art and luxury sectors.
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Art tax law: a double-hedged sword
How art tax law is a decisive tool to promote, or demote, global art market hubs. Art tax law firm Crefovi sheds some light on the use of art tax law, by the governments of countries best placed in the art works' business.
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How copyright applicable to industrial design must evolve, in the UK
The luxury goods and creative industries market continues to outperform the wider European economy, growing at 13 percent between 2009 and 2010, and 10 percent between 2010 and 2011. In this thriving environment, the high-end segment of European design household and office equipment, furniture and furnishing has, with other luxury goods and creative industries, truly formed the flagship of the European economy. How does copyright applicable to industrial design must evolve, in the UK, to sustain this growth?
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Law and luxury: a happy marriage
With few industries performing better than the 185 billion Euros luxury goods sector, a rising number of lawyers and law graduates are electing it as their business development focus.
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Law of luxury goods
London luxury law firm in London Crefovi explores the legal discipline that is the law of luxury goods. The emergence of the law of luxury goods and fashion: a new legal practice in full expansion. Consult our thematic supplement Revue Lamy Droit des Affaires, on the law of luxury goods, here.
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