Apart from copyright infringement issues involving copying, distribution, display, and making derivative works, artwork can become enmeshed in other legal controversy. This may happen, of course, when parties debate ownership.
Work may be stolen, loaned without a clear understanding of when it is to be returned, or it may disappear during a period of calamity only to resurface years later in the possession of a gallery, museum, or private party. Ownership can even be contested when one party is in possession of a seemingly authentic written provenance (i.e., proof of past ownership). This has happened, for example, when artwork that was stolen by the Nazis in World War II was later discovered in the possession of persons who believed they had legally purchased the work and had receipts dating back many years and involving highly respected galleries, museums, and art patrons.
Art work can be protected in a number of ways.
- When purchasing art, always obtain a written, signed agreement with the terms and conditions of the transaction clearly defined in a written provenance. (A written agreement may be especially wise if the transaction involves loaning art to relatives or close friends.)
- Photograph artwork and save negatives and prints in a safe place; a building separate from where the art is kept or a bank safety deposit box are ideal.
- Include a member of the family, especially the owner, in the photograph. Give copies of photographs to heirs and other responsible, trustworthy people. This may help establish the prior connection between owner and art even years after the owner's death.
If you have any questions about protecting or recovering art, please call David. There isn't a charge for initial consultations.
