Description
Book SynopsisThe Art Collecting Legal Handbook, now in its third edition, is a cross-border legal guide to the ever-changing maze of rules and regulations when acquiring, moving, and sharing works of art and antiquities.
Trade Review‘Art dealers are still all too often perceived as international social butterflies who mingle with the super rich hoping to conclude a transaction over a bubbly glass of champagne. This couldn’t be furthest from the truth. Far beyond the usual clichés, art professionals are responsible by law not only of the artwork itself (authenticity, pedigree, provenance, and title) but also of the legal structure used throughout a transaction, including VAT (or any other applicable taxes), customs procedures, and full documentation according to the jurisdictions of the different countries involved. The professional liabilities are simply too important nowadays that legal due diligence has become a cornerstone of our daily work. The Art Collecting Legal Handbook
provides us with insightful answers covering the key questions in our field and offering a pragmatic overview of the applicable law in multiple jurisdictions.' -- Thomas Seydoux and Emilie Mermillod, Seydoux & Associés Fine Art, France
‘To effectively operate on an international scale, it is crucial to have a thorough understanding of all relevant legal jurisdictions, encompassing aspects such as the acquisitions made in good faith, safeguarding cultural assets, and loans for public exhibitions. The Art Collecting Legal Handbook
has been a consistent source of reliable and cohesive information for my team and me, making it my recommendation to any collector or institution in need of valuable insights prior to seeking legal advice.’ -- Jean Claude Gandur, Fondation Gandur pour l’Art, Switzerland
‘The third edition of The Art Collecting Legal Handbook
is a readable, expert analysis of the key trends and issues underpinning art business today. Covering everything from restitution to NFTs in over 25 of the most important jurisdictions in the art market, there could not be a more authoritative guide for collectors and other art world professionals navigating a path through the post-Covid art world.’ -- Gareth Harris, The Art Newspaper, UK
‘One of the most fascinating and enjoyable aspects of Art Law as a legal discipline is its sheer breadth and diversity. That breadth exists primarily due to the wide range of legal and ethical considerations which can affect art. The discipline of art law is also constantly evolving as a result of the meeting of art and technology and by shifting public attitudes to cultural property. Bruno Boesch and Massimo Sterpi's excellent The Art Collecting Legal Handbook
is a practical Handbook which celebrates the multi-faceted discipline of art law while also providing a comprehensive and comprehensible guide to lawyers and non-lawyers. Presented in a question and answer format, leading art lawyers throughout the world provide answers to a series of key questions on Contract Law, Consumer Protection, Cultural Property Protection, Taxation, Compliance and NFTs. As an international auction house general counsel this handbook is my go-to resource for guidance on questions of international art law.’ -- Martin Wilson, Chief Legal Counsel, Phillips Auctioneers, UK
Table of ContentsContents: Introduction to the Third Edition of The Art Collecting Legal Handbook viii PART I CURRENT THEMES 1 The same ever changing art market 2 Christine Bourron, CEO, Pi-eX Ltd 2 NFT, illusion or reality in the art world? 10 Sydney Chiche-Attali, Chiche-Attali Avocats, Paris Bar 3 Finding one’s way in the indirect tax maze 18 Neil Millen, Group Indirect Tax Director, Christie’s PART II NATIONAL 4 Argentina 27 Juan Javier Negri, Negri & Pueyrredon Abogados, Buenos Aires, Argentina 5 Australia 43 Janet Whiting, Jessica Laidman and Duncan Willis, Gilbert + Tobin, Melbourne, Australia 6 Austria 63 Peter M. Polak, Peter Pichlmayr and Thomas Muehlboeck, Vienna, Austria 7 Belgium 84 Lucie Lambrecht and Lucy Ryan, Lambrecht Law Office, Brussels, Belgium 8 Brazil 105 Marcos Ludwig, Valdir Rocha and Gustavo Fróes, Veirano Advogados, Rio de Janeiro, Brazil 9 Canada 120 Brian W. Gray and Ian K. Bies, Toronto, Canada 10 China 140 Angell XI Minjie, Jingtian & Gongcheng, Shanghai, China 11 England and Wales 166 Adrian Parkhouse and Isabel Paintin, Farrer & Co, London, UK 12 Finland 183 Rainer Hilli, Roschier Attorneys Ltd., Helsinki, Finland 13 France 200 Jean-François Canat, Philippe Hansen, Line-Alex Glotin and Laure Assumpçao, UGGC Avocats, Paris, France 14 Germany 217 Dr. Friederike Gräfin von Brühl, M.A., K&L Gates LLP, Berlin, Germany 15 Greece 231 Marina Markellou, lawyer and Assistant Professor, University of Groningen, the Netherlands and Galateia Kapellakou, lawyer and Adjunct Lecturer, University of Patras, Greece 16 Hong Kong 249 Jezamine Fewins, Lewis Silkin, Hong Kong 17 Hungary 262 Dr. Enikő Karsay, SBGK Attorneys at Law, Budapest, Hungary 18 India 281 Lata Krishnamurti and Aarti Sharma 19 Israel 300 Gil Brandes, Nachitz Brandes Amir, Tel Aviv, Israel 20 Italy 315 Massimo Sterpi and Francesca Di Lazzaro, Gianni & Origoni, Rome, Italy 21 Japan 335 Koichi Nakatani, Momo-O, Matsuo & Namba, Tokyo, Japan 22 The Netherlands 351 Laurens Kasteleijn, Art Law Services and Pieter Ariëns Kappers, Bavelaar & Bavelaar Advocaten, Amsterdam, the Netherlands 23 Russia 370 Alekseyev Maxim, Egorova Kira, Ostashenko Maria, Novikova Elena, Kostyuchenko Elizaveta and Presnikov Nikita, ALRUD Law Firm, Moscow, Russia 24 Singapore 390 Lam Chung Nian, Wong Partnership LLP, Singapore 25 Spain 410 Rafael Mateu and Patricia Fernandez Lorenzo, Ramón Y Cajal Abogados, Madrid, Spain 26 Switzerland 428 Antoine Boesch and Nicolas Moreno, Poncet Turrettini, Geneva, Switzerland 27 Turkey 448 Murat Volkan Dülger, Dülger Law Firm, Istanbul, Turkey 28 United States – California 462 Robert Darwell, Sheppard Mullin Richter & Hampton LLP, Los Angeles, USA 29 United States – Federal/New York 479 Daniel A. Schnapp and Vincent Nguyen, Nixon Peabody LLP, New York, USA 30 United States – Florida 498 Diego R. Figueroa Rodriguez, Of Counsel, DLA Piper, Miami, USA
