Response to readings Unit

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RESPONSE TO READINGS

Responseto readings

Unit

Boll, D. (2011). Artfor sale: A candid view of the market. New York: Distributed ArtPub

Incorporated.

Response

The article “art for sale” by Boll tells the legal intricacies ofowning and doing business in art. Different countries around theworld have created different laws to regulate visual arts and otherpieces of art. The differences in these laws across differentcountries are a huge challenge to art dealers and artists alike. Forinstance, in the US, the visual arts market is not strictlycontrolled while in the European Union, there are stringent laws thatgovern ownership and import and export of art pieces. For artdealers, it is very important to be fully aware of the existing lawsgoverning art in different countries. Despite the fact that someplayers in the industry have developed unique ways to circumventthese laws, many are well enforce. One such law is droit de suite,which is enforced in the EU to ensure that artists benefitfinancially from their efforts beyond the first sale throughroyalties on any resale value. However, what happens to royaltiesfrom resale of art pieces made by deceased arts such as Picasso?

Lerner, R. &ampBresler, J. (2005). Artists relations in art law: the guide forcollectors, investors,

dealers &ampartists 4th Edition. New York: Practising Law Institute

Response

This chapter addresses the issue of artist-dealer relationship andthe legal issues surrounding their business relations. The chapterclearly indicates that the type of artist-dealer relationship isdetermined by various types of legal agreements and type oftransaction. The most common agreement discussed is the outright salecontract. In such an agreement, the artist should discuss with thedealer the issue of transfer of copyright given that transfer ofownership does not equate to transfer of copyright. Again, artistsshould familiarize themselves with key business terms such asexclusivity and fiduciary duties in order to understand well theirrole and the role of the dealers in any business relation.Furthermore, based on some of the cases discussed, it is importantthat artist engage the services of lawyers before committing to anycontractual agreement in order to smooth out such agreements. Thoughthe article raises some important issues, some still linger. Forinstance, does an artist automatically gain a copyright to his worksimply by creating it without first registering it like is the casewith patents in all countries?

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