A list of my articles on various aspects of art law and art market:
- Ink and Copyright: Tattoos as an object of copyright protection – an overview of the rights involved and their distribution,
- Copyright might be for Losers; though Trademarks are for Sellers. – a story of Banksy’s trademark cancellations
- Can I freely use the picture I found online? – a write-up on the various types of the Creative Commons licences.
- Where is the line not to be crossed? – an opinion piece on the unacceptability of destroying the works of art in the light of the NFT tokenizing the burning of the Banksy’s print.
- Protecting Artist’s Legacy – an article highlighting important aspects related to preserving the artist’s legacy after the death of the creator.
- Preservation copies of protected works – a brief overview of the provisions of Article 6 of the DSM directive allowing cultural heritage institutions to make preservation copies of copyrighted works in their collections.
- Are replicated works like prints and multiples as valuable as a color insert of a magazine? — a basic introduction into the world of art which exists in several identical impressions.
- Interview with the Executive Officer of the Court of Arbitration for Art — my interview with Ms. Hetty de Rooij about the goals and functioning of the Court of Arbitration for Art (where I act as a mediator)
- Marina Abramovic. Walk Through Walls. — a book review; reflecting on my emotions after reading the memoirs of the “grandmother” of performance art.
- A short interview with Artlaw.club founder Ms. Irina Olevska on the subject of art sale online — “Distance talks” — available on the Youtube channel of Artlaw.club.
- Sale of art in the online environment. Part 2: Online auctions. — an overview of the different models for online art auctions and differences between them.
- Sale of art in the online environment. Part 1: Online marketplaces. — an overview of the options for selling art online and their legal peculiarities.
- Show me the money. Financing of Public Art — the last article in the public art series addressing the questions of how is public art financed and what exactly are the costs to bear in mind.
- How to get that sculpture to be put in the central square. Commissioning of a public artwork — an article describing the general process of commissioning of a public artwork
- Public Art and Freedom of Panorama — an article exploring the “freedom of panorama” concept and different approaches to regulating it throughout European countries and abroad.
- Art in Public Space: art might be public, but what about the rights? — an article going deeper into the tensions which exist between the rights of different affected stakeholders in the context of public art.
- Place. Space. Art. — an introductory article, defining what public art is and what are its main characteristics.
- How do you want to be remembered? Some considerations on Artist’s heritage — an article sketching the practical issues which should be taken into account defining and organizing the artist’s legacy before it becomes too late.
- Ephemeral and person-dependent: legal aspects around Performance art — an article exploring the questions of authorship, ownership and protection of performance art.
- Hacking the art world: The peculiar case of KAWS — a story of one of the hottest artists of our times and how he became famous without going the usual way.
- The two sides of a coin. A write-up on Artists’ Resale Rights. — an article explaining what are the Artists’ Resale Rights and what is the current status of acceptance of their regulation throughout the world, as well as discussing whether ARR really gain an objective of fairness.
- An introduction to art crimes: Neal Caffrey might be sexy, but art crimes aren’t — an introductory article about different types of art-related crimes with numerous links for further reading.
- There are no guarantees in this life, but at an auction — an article explaining how art market guarantees work, what is the difference between a guarantee and a reserve price or an irrevocable bid, and what are the issues with art market guarantees.
- Is the art market bubbling or just casually simmering? — an opinion article discussing the feared bubble in the art market.
- The mysterious world of the value of art — an article highlighting the criteria that usually influence the market value of an artwork, as well as discussing the general constituents of the value of art.
- What if da Vinci had destroyed his Mona Lisa? Legal and philosophical issues around destroying works of art. –an article elaborating on the limits of the right to destroy both for the owners as for the authors of artworks.
- Business of Koons — the case of one of the most expensive living artists — Jeff Koons.
- Book review: “Provenance: How a Con Man and a Forger Rewrote the History of Modern Art” — well-researched, well-written and captivating from the very first pages, this book is probably the best book I have read in 2018. Here is the review I wrote on it for the ArtLaw.club.
- A brief insight into the Rybolovlev-Bouvier “legal thriller” — an overview of the family of cases ongoing in various jurisdictions around the broken relationship in between a Russian billionaire and a Swiss art dealer.
- Blockchain in the art world — an article providing an overview of the blockchain developments relevant to the art world, as well as issues, which still remain to be tackled for this technology to be fully adopted.
- Blurred lines of creation: Can copyright laws ever catch up with the new world where AI created art gets auctioned at Christie’s? — a short review of the AI sprouting in the art market and some legal issues arising thereof
- Mediation and Art: is it a match made in Heaven? – which examines whether mediation is the best way to solve art-related disputes and whether mediation can help where litigation is consistently failing.
- Yours might have been yours, but now it’s mine: Appropriation artists and the shady area of copyright – a thought-provoking piece on the issue of authorship. Do you think that it would be possible to take a photo of a famous photo and claim it as yours without even mentioning the original author? Or can you just take someone else’s work, incorporate it in yours and once again – omit the original author? If you think “hell, no!” on both counts, think again, or better – read my article.
- So who’s the author? – where I pose a whole range of questions about defining an author for the purpose of copyright. It is not that straightforward, as frequently an artist, for example, comes up with an idea, yet it is not him, but a craftsman who realizes that idea… In such circumstances, who is then the author?
- Your Lautrec or Lautrec’s Lautrec? – which will be especially interesting if you plan on investing in a painting and want to know the difference between “by a studio of Rembrandt” and “by a circle of Rembrandt”. I talk about attribution and authentication: what is the difference and what is the process.
- “Copyright is for losers”. Graffiti as an IP outcast – where I give an overview of IP issues surrounding these disputable yet frequently highly appreciated (as well as priced!) artworks.
P.S. In the beginning of 2019 I have launched a podcast “Exploring the art market”, which aims at addressing some of those aspects. In the podcast episodes I discuss fascinating legal, financial and technological issues related to art. Each episode explores one particular topic in 10 to 15 minutes. The podcast is available on Soundcloud and iTunes.