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: November 2023 ISBN: 978 1 03530 061 7 Extent: c 548 pp
The Art Collecting Legal Handbook, now in its third edition, is a cross-border legal guide designed to help collectors, dealers, institutions and legal advisers navigate the ever-changing maze of rules and regulations of 25 countries 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 designed to help collectors, dealers, institutions and legal advisers navigate the ever-changing maze of rules and regulations when acquiring, moving, and sharing works of art and antiquities.

Thoroughly revised and updated, this third edition 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. The main, national chapters cover topics such as legal remedies against fakes, forgeries and counterfeits, import and export restrictions, sanctions, the rules and practices of cultural institutions and museums, and tax. 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 20 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

Part 1 Current Themes
1. The Same Ever Changing Art Market, Christine Bourron, CEO, Pi-Ex Ltd
2. NFT, Illusion or Reality In The Art World? Sydney Chiche-Attali, Chiche-Attali Advocats, Lawyer, Paris Bar 
3. Finding One’s Way in The Indirect Tax Maze, Neil Millen, Group Indirect Tax Director, Christie’s

Part 2 National
4. Argentina, Juan Javier Negri, NEGRI & PUEYRREDON ABOGADOS, Buenos Aires, Argentina
5. Australia, Janet Whiting, Jessica Laidman and Duncan Willis, GILBERT + TOBIN, Melbourne, Australia
6. Austria, Peter M. Polak, Peter Pichlmayr and Thomas Muehlboeck
7. Belgium, Lucie Lambrecht and Lucy Ryan, Lambrecht Law Office, Brussels, Belgium
8. Brazil, Marcos Ludwig, Veirano Advogados, Rio De Janeiro, Brasil
9. Canada, Brian W Gray, Brian Gray Law, Barrister and Solicitor, Toronto, Canada
10. China, Angell XI Minjie, Partner, Jingtian & Gongcheng, Shanghai, China
11. England, Adrian Parkhouse, Partner, Farrer & Co, London, UK
12. Finland, Rainer Hilli, Roschier, Attorneys Ltd, Helsinki, Finland
13. France, Jean-François Canat, Philippe Hansen, Line-Alex Glotin, Laure Assumpçao, UGGC Avocats, Paris, France
14. Germany, Dr. Friederike Gräfin Von Brühl, M.A., K&L Gates LLP, Berlin, Germany
15. Greece, Marina Markellou, lawyer and Assistant Professor in Law, University of Groningen, the Netherlands, and Galateia Kapellakou, lawyer and Adjunct Lecturer in Law, University of Patras, Greece
16. Hong Kong, Jezamine Fewins, Partner, Lewis Silkin, Hong Kong
17. Hungary, Dr. Enikő Karsay, LL.M., Attorney at Law, Member Of SBGK Board, SBGK Attorneys at Law, Budapest, Hungary
18. India, Lata Krishnamurti and Aarti Sharma
19. Israel, Gil Brandes, Partner, Nachitz Brandes Amir, Tel Aviv, Israel
20. Italy, Massimo Sterpi and Francesca Di Lazzaro – Gianni & Origoni
21. Japan, Koichi Nakatani, Momo-O, Matsuo & Namba, Tokyo, Japan
22. Netherlands, Pieter Ariëns Kappers, Bavelaar Advocaten, Amsterdam, The Netherlands and Laurens Kasteleijn, Art Law Services, Amsterdam, The Netherlands
23. Russia, Alekseyev Maxim, Egorova Kira, Ostashenko Maria, Novikova Elena, Kostyuchenko Elizaveta, Presnikov Nikita, ALRUD Law Firm, Moscow, Russia
24. Singapore, Lam Chung Nian, Partner, Wong Partnership LLP, Singapore
25. Spain, Rafael Mateu and Patricia Fernandez Lorenzo, Ramón Y Cajal Abogados, Madrid, Spain
26. Switzerland, Bruno Boesch, Lawyer and Consultant, London, UK and Antoine Boesch, Partner, Poncet Turrettini, Geneva, Switzerland
27. Turkey, Murat Volkan Dülger, Dülger Law Firm, Isanbul, Turkey
28. United States - California, Robert Darwell, Sheppard Mullin Richter & Hampton LLP
Los Angeles, USA
29. United States – Federal/New York, Daniel A. Schnapp and Vincent Nguyen, Nixon Peabody LLP, New York, USA
30. United States - Florida, Diego R. Figueroa Rodriguez, Of Counsel, DLA Piper, Miami, USA
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