art law blog

Art law blog

London art law firm Crefovi is delighted to bring you this art law blog, 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. It 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 industry 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.

Annabelle Gauberti, founding and managing partner of London art law firm Crefovi, is also the president of the International association of lawyers for creative industries (ialci). This association is instrumental in providing very high quality seminars, webinars & brainstorming sessions on legal & business issues to which the creative industries are confronted.

Crefovi regularly updates its social media channels, such as Linkedin, Twitter, Instagram, YouTube and Facebook. Check our latest news there!

How to enforce civil and commercial judgments after Brexit?

Crefovi : 14/06/2021 10:45 am : Antitrust & competition, Art law, Articles, Banking & finance, Capital markets, Consumer goods & retail, Copyright litigation, Emerging companies, Employment, compensation & benefits, Entertainment & media, Fashion law, Gaming, Hospitality, Hostile takeovers, Information technology - hardware, software & services, Insolvency & workouts, Intellectual property & IP litigation, Internet & digital media, Law of luxury goods, Life sciences, Litigation & dispute resolution, Mergers & acquisitions, Music law, Private equity & private equity finance, Product liability, Real estate, Sports & esports, Tax, Technology transactions, Trademark litigation, Unsolicited bids

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 domestic recognition regimes in the UK and each EU member-state, if in existence. This introduced additional procedural steps before a foreign judgment is recognised, which makes the enforcement of EU civil and commercial judgments in the UK, and of UK civil and commercial judgments in the EU, more time-consuming and expensive.

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Why getting an agent is critical, to make it in the creative industries

Crefovi : 18/02/2021 12:35 pm : Art law, Articles, Consumer goods & retail, Copyright litigation, Emerging companies, Employment, compensation & benefits, Entertainment & media, Gaming, Intellectual property & IP litigation, Law of luxury goods, Music law, Sports & esports, Trademark litigation

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 players in this niche, in France and the United Kingdom (‟UK”). So, why do you need an agent, as a creative? How do you find an agent? How will your relationship with the agent work?

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Cancel culture: how the creative industries should ride out the storm

Crefovi : 19/09/2020 11:29 am : Art law, Articles, Consumer goods & retail, Copyright litigation, Emerging companies, Employment, compensation & benefits, Entertainment & media, Fashion law, Gaming, Intellectual property & IP litigation, Internet & digital media, Law of luxury goods, Litigation & dispute resolution, Music law, Sports & esports, Trademark litigation

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 and, in particular, in France and the United Kingdom? If so, how should you position yourself, as a creative, on, and about, cancel culture?

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Why the valuation of intangible assets matters: the unstoppable rise of intangibles’ reporting in the 21st century’s corporate environment

Crefovi : 15/04/2020 8:00 am : Antitrust & competition, Art law, Articles, Banking & finance, Capital markets, Consumer goods & retail, Copyright litigation, Emerging companies, Entertainment & media, Fashion law, Gaming, Hospitality, Hostile takeovers, Information technology - hardware, software & services, Insolvency & workouts, Intellectual property & IP litigation, Internet & digital media, Law of luxury goods, Life sciences, Litigation & dispute resolution, Mergers & acquisitions, Music law, Outsourcing, Private equity & private equity finance, Restructuring, Sports & esports, Tax, Technology transactions, Trademark litigation, Unsolicited bids

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?

Crefovi : 28/10/2019 3:06 pm : Art law, Articles, Consumer goods & retail, Law of luxury goods, Litigation & dispute resolution, Product liability

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

Crefovi : 14/05/2019 8:00 am : Art law, Articles, Copyright litigation, Intellectual property & IP litigation, Law of luxury goods, Litigation & dispute resolution, Product liability

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

Crefovi : 22/02/2019 8:00 am : Art law, Articles, Copyright litigation, Intellectual property & IP litigation, Law of luxury goods, Litigation & dispute resolution, Product liability

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

Crefovi : 01/04/2018 8:00 am : Art law, Copyright litigation, Entertainment & media, Events, Gaming, Intellectual property & IP litigation, Internet & digital media, Law of luxury goods, Litigation & dispute resolution, Media coverage, Webcasts & Podcasts

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

Crefovi : 05/11/2015 8:00 am : Art law, Articles, Law of luxury goods, Media coverage, Tax

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

Crefovi : 22/12/2014 8:00 am : Antitrust & competition, Art law, Consumer goods & retail, Emerging companies, Intellectual property & IP litigation, Internet & digital media, Law of luxury goods, Litigation & dispute resolution, Media coverage

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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