A quick reference guide from Lexology enabling side-by-side comparison of local insights, including into buying and selling; export and import controls; taxation; borrowing against art; intellectual property rights; agency; consigning items; auctions; spoliation during Nazi era; lending to museums; cultural patrimony; anti- money laundering; endangered species; consumer protection; art market regulators; and recent trends.
Contributors
Lawrence M Kaye
lkaye@kayespiegler.com
Kaye Spiegler PLLC
Howard N Spiegler
hspiegler@kayespiegler.com
Kaye Spiegler PLLC
Yael M Weitz
yweitz@kayespiegler.com
Kaye Spiegler PLLC
Gabrielle C Wilson
gwilson@kayespiegler.com
Kaye Spiegler PLLC
Table of contents
BUYING AND SELLING
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Passing of title Implied warranty of title Registration Good-faith acquisition of stolen art Acquiring title to stolen art through prescription Risk of loss or damage Due diligence Other implied warranties Voiding purchase of forgeries Voiding inadvertent sales of works by masters
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EXPORT AND IMPORT CONTROLS
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Export controls Import controls Export and import tax
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DIRECT AND INDIRECT TAXATION
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Taxes Tax exemptions
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BORROWING AGAINST ART
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Types of security interest Consumer loans Register of security interests Non-possessory security interests Sale of collateral on default Ranking of creditors
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INTELLECTUAL PROPERTY RIGHTS
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Creator copyright Copyright duration Display without right holder's consent Reproduction of copyright works in catalogues and adverts Copyright in public artworks Artist's resale right Moral rights
AGENCY
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Accounting to the principal Disclosed agent commission Undisclosed agent commission
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CONSIGNING ITEMS
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Protection of interests in consigned works
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SPOLIATION DURING THE NAZI ERA
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Claims to Nazi-looted art
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LENDING TO MUSEUMS
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Responsibility for insurance Immunity from seizure
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CULTURAL PATRIMONY
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National treasures Right of pre-emption Automatic vesting in the state Illegally exported property claimed by foreign states
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NON-FUNGIBLE TOKENS
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Regulation and case law
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ANTI-MONEY LAUNDERING
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Compliance
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ENDANGERED SPECIES
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CITES Specific endangered animal products
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CONSUMER PROTECTION
Cancelling purchases Duties of businesses selling to consumers
REGULATION
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Art market regulator Other regulators
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UPDATE AND TRENDS
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Key developments of the past year.
To read the Guide, see the PDF here
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