The Art Collecting Legal Handbook


The Art Collecting Legal Handbook

Third Edition

3rd edition

9781035300617 Edward Elgar Publishing
Edited by Bruno W. Boesch, Swiss Lawyer, London, UK, and Geneva, Switzerland and Massimo Sterpi, Partner, Gianni & Origoni, Rome, Italy
Publication Date: 2023 ISBN: 978 1 03530 061 7 Extent: 526 pp
The 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.

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Critical Acclaim
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The 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.

This new edition has been thoroughly revised and updated, and features three thematic chapters which analyse recent market trends, the development of NFTs and their reception in the art market, and the application of indirect tax. Subsequent, national chapters cover topics such as legal remedies against fakes, forgeries and counterfeits, import and export restrictions, sanctions and the rules and practices of cultural institutions and museums. With contributions from leading experts in the field, the Handbook examines the legal framework governing the collection, preservation, and promotion of cultural goods of over 25 countries around the world, written in a user-friendly question-and-answer format which allows for easy cross-jurisdictional reference.

Providing a comprehensive and practical guide, this book will be an essential resource for art collectors and their advisers, alongside dealers, galleries, and museums. It will also be beneficial for lawyers specialising in commercial law, cultural heritage and art law, and intellectual property law.
Critical Acclaim
‘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

Introduction to the Third Edition of The Art Collecting Legal Handbook viii

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

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

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