Art market law
We protect the creation, ownership, and value of works—from the initial agreement, through the transaction and collection building, to any dispute or succession.
Art requires not only sensitivity. It also requires legal precision.
We provide comprehensive legal services for the art market, tailored to the needs of artists, collectors, investors, galleries, auction houses, foundations, cultural institutions, and intermediaries.
We legally manage art sales and brokerage transactions, support patronage projects, and represent clients in disputes—both during negotiations and out-of-court proceedings, and in court. We combine legal expertise with an understanding of the specifics of the market, where, alongside material value, authorship, authenticity, provenance, reputation, and discretion are paramount.
Legal services for the entire art ecosystem
We advise on individual works, entire collections, and the activities of art market entities – in traditional and digital trade.
Judicial and extrajudicial proceedings
We represent clients in disputes concerning authenticity, provenance, ownership, legal and physical defects of works, and settlements between market participants. We conduct negotiations, mediations, and court proceedings.
Legal opinions and due diligence
We examine the legal status of works and their provenance documentation, analyze the chain of ownership, the scope of copyright, and the risks associated with purchasing, selling, depositing, or investing in art.
Contracts, transactions and brokerage
We prepare and negotiate agreements , as well as contracts with artists, galleries, auction houses, curators, and art patrons.
Protection of creators' rights
We advise on copyright, the creator's personal rights, the integrity of the work, licensing, droit de suite, and the protection of the artist's image and personal rights .
Digital Art and NFTs
We support the creation, tokenization, sale, and licensing of digital works. We analyze copyright, platform rules, smart contracts, and secondary market trading, also leveraging the expertise of our new technologies.
Foundations and art market entities
We advise on the establishment and management of art foundations, galleries, auction houses, cultural institutions, and other ventures related to the sale, promotion, and protection of art.
Collectors and investors
We provide support to individual clients in building, protecting and managing their collections, as well as in financing, insuring, making available, donating and successioning them.
Regulations, international trade and taxes
We advise on customs matters, the export of works and cultural goods abroad, import, regulatory obligations and taxation of art trade.
From work to safe decision
We tailor the scope of work to the nature of the work, the transaction, and the client's position, while respecting confidentiality and market realities.
Purpose and context
We identify the subject matter, the pages, the history of the work, and the client's business or personal purpose.
Risks and rights
We verify documents, title, provenance, copyright and trade restrictions.
Structure and documentation
We design the solution, negotiate the terms, and prepare the necessary documentation.
Implementation and protection
We support the execution of transactions and, in the event of a conflict, we protect the client's interests out of court or in court.
A law that understands the value of art
In art transactions, a good contract protects not only the price. It also protects the authorship, history, reputation, and future of the work.
Thanks to our extensive experience, we actively support art market participants – from artists themselves, through collectors and investors, to galleries, foundations, auction houses and cultural institutions.
We offer solutions tailored to the specific needs of both traditional and digital art circulation. We provide comprehensive services to foundations operating in the art market, patronage projects, and transactions and disputes involving works of art.
We also actively participate in legislative processes shaping the legal situation of the art market in Poland, combining transactional and procedural practice with an ongoing understanding of the direction of regulatory changes.
Frequently asked questions about art market law
When is it worth conducting legal due diligence on a work of art?
Before purchasing, selling, consigning, or depositing a work of art, contributing it to a foundation or company, or planning a larger investment, the analysis may include, among other things, ownership title, provenance, authenticity documentation, copyright, trade restrictions, and the risk of third-party claims.
What contracts are most common in the art market?
These most commonly include sales, commission, deposit, brokerage, licensing, exhibition, and donation agreements, as well as agreements between the artist and a gallery, auction house, curator, or patron. The type and content of the agreement should reflect the parties' roles, the nature of the work, and its intended use.
Does the law firm handle disputes regarding the authenticity or ownership of a work?
Yes. We represent clients in negotiations, mediations, and legal proceedings concerning issues such as authenticity, provenance, ownership, defects in works, breaches of contract, and the copyright and moral rights of the creator.
Does the copyright to an image transfer to its purchaser?
Generally, acquiring a physical copy of a work does not automatically confer copyright ownership. The scope of the buyer's rights depends on the contract, legal regulations, and the intended use of the work. Therefore, issues related to reproduction, publication, exhibition, and licensing should be addressed separately.
Do you support digital art and NFT projects?
Yes. We advise on the creation, tokenization, sale, and licensing of digital art, including defining the scope of buyer rights, constructing smart contracts, platform rules, and trading tokens on the secondary market.
Do you help with exporting works of art abroad?
Yes. We analyze the status of the work or cultural property, the required documents and restrictions, and support clients with customs and tax issues, as well as formalities related to temporary or permanent export, import, and international sale.
Let's talk about a piece, collection, or transaction
The earlier a lawyer is involved in the process, the easier it is to reduce risk and secure the relationship between the parties.
