Society & Culture & Entertainment Photography

Art Sales Rules

    • There are a number of laws regarding art sales.painting image by Linda Brotkorb from Fotolia.com

      The sale of art, such as paintings, sculptures, photographs and films, is unique in the legal complications it raises regarding the ownership of intellectual property and, in the case of famous paintings, their veracity. The sale of a work will generally be regulated by a number of laws and policies outlined by the buyer that attempt to clarify and safeguard the rights of the buyer, seller and artist.

    Reproduction

    • In the case of easily reproducible media, such as photographs and videos, a sale will also outline the right of the buyer to distribute and reproduce images of the object. While a sale usually transfers all rights associated with the object including copyrights, some artists place stipulations on their creations, restricting its use in certain forums or in the promotion of certain causes, so as not to degrade the value of the object or the reputation of the artist.

    Authenticity

    • In the case of works by famous artists, certain rules of the sale may relate to the object's authenticity. A painting by Picasso is usually far more valuable than a painting by a person imitating Picasso. For this reason sellers attempt to guarantee the authenticity of the painting by producing documents outlining its provenance and a list of owners. As part of its due diligence, the seller may investigate the painting for signs of forgery or they may offer a guarantee stating that if the painting is found to be fraudulent, they will take it back.

    Ownership

    • For a work to be legally sold, the owner must have the right to sell it. While this is clear enough in most sales, in the case of art, ownership can be murky. Because older works often have gaps in their record of ownership, it is not always clear who is the work's current owner or who has the legal right to offer it for sale. For example, several owners of art work seized by the Nazis during World War II have filed suit against their current possessors, alleging that the works remain rightfully their own. For this reason, the possessors of a work will usually attempt to furnish documentation proving they have the legal right to sell it.

    Droit De Suite

    • In the European Union, artists or their heirs have a right to receive royalties each time their work is sold during the artist's lifetime and during the 70 years following the artist's death. This does not apply to works purchased in the United States, but it does apply to works purchased in the EU and shipped abroad.



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