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Hire A Lawyer Who Knows Art. It Makes A Big Difference.
Williams Law, P.C. handles Art Law in Denver, Colorado. Lawyers bill by the hour. So why hire an attorney for your art related issue who needs to spend many hours just figuring out the basics of the art business and the art world? When you need a lawyer who knows the difference between Christie's and Phillips, or between Ellsworth Kelly and Arshile Gorky, call Williams Law, P.C. Our contract drafting and litigation departments handle business cases and issues daily, but we have experience with many of the issues specific to the contemporary art market, auction houses, galleries, art insurers and art shipping companies. Let our familiarity save you time and money. Call us today.
How can you be sure the art you are considering purchasing is actually the seller's property? That is where art title insurance comes into play. Reviewing these agreements is where we come in. All insurance contracts are complex and have a tendency to exclude just the kind of risks you might be most worried about. Give us a call.
Auction Sales Legal Issues
Auction sales entail not only a complex sales agreement but involve numerous nuances regarding lot positioning, catalog placement, cover negotiation, ticket display, and other negotiable issues, such as evening vs. morning sale, lot placement or participation in London or Hong Kong sales instead of New York. Selection of the auction house itself can make or break a sale. Call us to assist you with these sensitive negotiations. Did you know that you can also negotiate the identity of the auctioneer? There are other top secret goodies which can be negotiated if your works are first rate, i.e. those which promise to sell for over a million dollars. We know these tricks because we have done it. Here's a taste...they make an immediate short term loan to you of part of the expected low estimate price. Wow. Handy if you need to pay estate taxes, now isn't it? If you are selling a few large Warhols, you can extract concessions galore. On the other hand, if you are consigning a few prints for several hundred thousand, don't get your hopes up for big concessions, but it is still crucial to negotiate the flaws out of the basic consignment agreement. Remember, the sale of your major work of art is a once-in-a-lifetime event. It is therefore important to get it right. Call us. Your first call is free.
Sculpture Installation Damage
Nothing takes more care than installing a large or complex sculpture. In many cases, the artist may themselves be on hand to direct or assist the installation. When you have invested hundreds of thousands of dollars in a work of contemporary sculpture, the contract with your installation crew is critical, as is their bonding and insurance. If you have bought a Calder or Donald Judd, for instance, the installation job becomes quite tricky. Cement pouring, foundational support, location on walls, all can be critically important and minor errors can be heartbreaking and value-destroying. Let us assist with these contracts well in advance. Investing in art should never be done without investing in the legal documents upon which your art collection depends.
Don't Mess With Art: The Visual Artists Rights Act
VARA was passed in 1990 as an amendment to the U.S. Copyright Code. VARA requires obtaining an artist's approval prior to destroying or altering works of art, so long as the work of art is of "recognized stature". VARA defines Works of art somewhat narrowly as paintings, drawings or sculptures, as well as graphic and photographic prints in limited editions of 200 or fewer copies. This may sound reasonable, until you consider that merely repairing your art, or moving it to a new location or putting a new frame on it, may trigger an expensive lawsuit. Therefore, when purchasing a work of art, it is important to obtain a VARA waiver from the artist, otherwise you may not fully own and control the work of art. Call us.