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Written by This & That
23-04-2008
Art and Law

Art and law

Art law deals with all legal matters related to art, being as varied a field as art itself is. Intellectual property rights, especially copyrights, are central to art law. GMW Advocaten is the trusted legal advisor of artists, art galleries, museums, art dealers and auction houses.

Buying and selling art

GMW Advocaten advises clients throughout all phases of the transaction, making sure that all relevant content, such as the terms of usage and the resale rights (droit du suite) is clearly stipulated in the purchase agreement. 

Renting out and consignment of art

Renting out art makes use of specific rental laws covering the rental relationship entered between the parties. Thus the rental agreement will include additional provisions with regard to the parties’ liability in case of damage or theft occurring during the rental period. The same applies to loan-for-use agreements. The consignment agreement must contain, among others, agreements on compensation, guarantees, duration of the rental period and terms of notice. GMW Advocaten advises clients on all the ins and outs of these rather complex issues.

Copyright issues

Copyright gives the artist the right to control the use of his or her creative work, including exclusive rights to make copies, sell, market or perform the work. The artist retains the copyright even after the sale of his or her object d’art. GMW Advocaten advises clients on all copyright related issues, drawing on their great experience in the field.

Advice, agreements and litigation

GMW Advocaten advises clients on importing and exporting art, damages and insurance claims and restitution of stolen art.

Information

Please contact Antoine de Werd and Mark Krul for more information on the subject.

Click here for more information on Intellectual property.

 

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