Art Law is a fascinating field of law. You would be amazed at how many issues get intertwined to solve certain cases: religion, history, moral considerations, traditions, not even talking about all the various legal acts. Sometimes you have so many different aspects to take into account that you don’t even know where to start. Likewise, lots of art related cases are actually so complex that they resemble the skilfully plotted detective story, rather than real life happenings.
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.
I am delighted to also add my contribution to the unique Art law platform — Artlaw.club — created and curated by an Attorney-at-law Ms. Irina Olevska.
Below you will find a list of my articles, published so far (I will update it on a regular basis, so stop by!).
A list of my articles:
- 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.