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Art law in autumn



News

With no end to the pandemic in sight, we should take this opportunity to assess the growing digitalisation of the art market, the new business models that have emerged this year and their legal boundaries. In fact, several events taking place in the coming weeks will focus on these topics as listed below.


Find out in an article from attorney-at-law Marion Paris and myself about Art Basel's Legal Compliance Process and how, in light of the experiences of other art fairs and of sports associations, arbitration could usefully supplement or even replace the disciplinary procedure put in place. This article was published in French in the Swiss Arbitration Association's latest Bulletin.


Conferences

  • 5 November 2020 | New provisions of the Swiss Copyright Act, Geneva: This year's annual conference of the Art Law Foundation and the Art-Law Centre will focus on the new provisions of the Swiss Copyright Act that came into effect on 1 April 2020. More information here.

  • 23-28 October 2020 | Deloitte's Art & Finance Panels: This year, Deloitte will host an online series of talks on topics such as: smart cities and culture, the Russian and the Hong Kong art markets, cultural and sustainable impact investment and trends in the art market regarding "trust-transparency-responsibility". The full programme is available online.

  • 22 October 2020 | Economist Clare McAndrew in conversation with Georgina Adam: Join Georgina Adam, Financial Times contributor and art market editor-at-large of The Art Newspaper, and Clare McAndrew, the economist and author of the Art Basel & UBS Art Market Report, for a candid conversation about the state of the art industry today—how healthy is it in the face of adversity, what are the pivotal developments and what does the future look like? You may register here.

  • 6 November 2020 | Appraiser's Association Art Law Day: This year's edition of the Appraiser's Association Art Law Day will focus on the latest developments in the art market, the changes and challenges of the shift to transacting primarily in a digital space, and the different rights and remedies available to consignors of artwork to auction houses and galleries, discussing best practices and practical steps to protect a consignor’s interest and mitigate risk in the event of the consignee’s potential bankruptcy. More information is available here.

Latest publications

Kultur Kunst Recht, edited by Peter Mosimann, Marc-André Renold and Andrea F. G. Raschèr

Completely revised and updated Kultur Kunst Recht is now available in its second edition with numerous new sections by new authors. Since the initial publication in 2009, art and culture law has significantly developed. Spectacular cases (e.g. in the areas of looted art, forgery, art theft, fundamental rights) demonstrate opportunities and boundaries of the legal instruments and remedies. Social developments, in particular technical innovation (introduction of smartphones in 2008 and digitalization in the creation and exploitation of art), require a new legal analysis of the artists’ needs for protection. All of this is addressed in the second edition. I was pleased to contribute with a chapter on authenticity. More information available here.

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