When it comes to an asset and building wealth, art has turned into one of those arts, and in fact, it’s one of theunique assets because of its class. We all understand how fine art also has a personal significance that goes beyond its financial value. On the one hand, art will always have an auction price, but on the other hand, they don’t make Picasso’s anymore.
Art brings in many players from different walks of life, and our New York City lawyers are proud to represent anyone who needs legal representation from the appraisers to the art advisors to artists to auction house to collectors to lenders to private dealers to nonprofits. Whether it happens to be a sculpture, painting or the rights to music and literature, Spodek Law Group has 50 years of experience and the knowledge to advocate for you.
You might never believe that legal issues could arise from having a single painting, but you’d be surprised to learn how it can crop up. In the law of art, you have a dynamic field that uses the principles of property law, contract law, criminal law and tort law. Let’s take an example where you hope to buy and sell. You can encounter issues concerning the terms of delivery and the purchase contract itself. You might also encounter problems with authenticity, title and appraisal. If you want to loan your art piece to a museum or an individual, you could encounter issues with negligence and the terms of bailment. If, for example, the art piece has been stolen, theft will become the issue. Nevertheless, if they never return the artwork from being borrowing, you might have a case for replevin.
If you want to sell your artwork, the consignment shop creditors should understand how the artwork belongs to you and not them. You can also borrow against your artwork, and the laws surrounding personal security will come into effect. In these cases where you borrow against your artwork, you will have to hand the art over to the lender for the time being until after you have paid off the loan.
We don’t list these things to scare everyone. Instead, we list them because we want our clients to understand how art law works so that they can navigate it safely. When it comes to art law litigation, you have a multidisciplinary field, and it requires that you have a multidisciplinary approach in law. Art litigation lawyers can’t do what they do unless they understand a wide array of fields like criminal, property, contract and tort laws. In addition, you need a lawyer who has years of experience, and Spodek Law Group has over 50 years of experience in the field.
We are fully prepared to do art litigations for problems in both the state courts and the federal courts. If the artwork has enough value, it will always move to the federal court system. When the artwork crosses state lines, it becomes an issue of which jurisdiction has the right to it. In some cases, the art litigation simply heads to a federal court.
With other types of cases, you don’t always get the same remedy that you have with art litigation. For example, the courts usually prefer that you have compensation as a remedy. In the world of art litigation, this, unfortunately, doesn’t work as well. Because art has a uniqueness, and the personal and financial compensation doesn’t get captured as well with the value of art, the courts usually use a remedy called “specific performance.” This forces the losing party to give up the possession of the piece if it’s appropriate. The one thing about art investing is how it will oftentimes have a more unique and personal touch than some of the other forms of investing. Here at Spodek Law Group, we never forget for a minute how artwork will usually have more than financial value alone.
Our art litigation lawyers can help you with issues like:
Our lawyers engage in the art-law field, and we have represented the sellers and buyers from a variety of disputes. One example where you might need art litigation is when you seek to recover a painting that had been stolen, and you’re hoping to recover it. We have successfully argued to recover some of the artist’s original works.
Spodek Law Group understands the various laws in place that can only be navigated with qualified legal assistance. In other cases, our clients have raised a lawsuit because of an art forgery litigation case. We have helped to recover many works of art for collectors, and we give legal advice to the individuals who need it. As lawyers, we love the subject of art litigation. If you’d like to learn more, we invite you to schedule a free consultation with one of our lawyers today. In most cases, an art lawyer will be one of the best decisions you made.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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