Art law

Art law—introduction for Private Client practitioners

For Private Client practitioners, it is increasingly common to be asked to advise on clients’ artworks in the context of estate planning, trust administration or other issues. Art may include everything from paintings and sculptures to street art, classic cars, yachts, luxury collectables, wine, musical instruments and also, increasingly, digital assets.

Art law is a specialist area, but also wide ranging across various legal disciplines. Legal issues may arise in the context of transactions or disputes involving artwork as well as wealth and tax planning. There are intellectual property rights to consider, as well as import and export duties and taxation and compliance in relation to the sale or transfer of artwork.

For general information on the issues which may arise when buying and selling art, disputes over the ownership and provenance of artwork and wealth and tax planning issues, see Practice Note: Art law—introduction for Private Client practitioners.

Art law—bailment

A bailment can arise in common law when one party takes temporary possession of another party’s goods:

1. •

   a collector, known as the bailor, gives an artwork or chattel to another