forged work of art or if the object you purchased turns out to have been made by a different artist? In the Netherlands, the buyer can try to set aside the sales contract due to non-conformity ("my purchase is not what it should have been according to the contract or agreement") or due to error ("my purchase is not what I thought it was"). The buyer of forged sculptures by Rodin, Degas or Giacom- etti can request a refund of the purchase price on return of the artwork, which is what we are currently claiming in court. Art buyers have to bear in mind though that there can be changes in attribution and that such changes do not always ren- der the original contract null and void. to claim stolen goods back expires after 20 years. However, special regulations apply to art looted during the Nazi regime which later came into possession of the Dutch state as part of the Nederlands Kunstbezit collection. The limitation period has been lifted for such claims and the Restitutions Committee will assess whether they are legitimate. After June 30, 2015, it will apply stricter criteria however, so it is best to submit claims before that date. The Restitutions Committee also renders advice on museums. The first claims concerning such disputes have been successfully submitted by our law firm on behalf of the American and British heirs of a German-Jewish family. Objects of art are still often seen as attractive loot. Therefore there are many international treaties, governing restrictions on trading in the spoils of war. buying a work of art however. The artist can, based on his moral rights as author, object to any form of damage or change to his work. Even in the case of ownership: the owner may not paint a moustache on a portrait or add clothing to a nude, as one German lady discovered in the classic 1912 case Felseninsel mit Sirenen. In many cases, however, the line will be harder to define. Is a new office owner allowed to destroy a work of art that is integrated in an office wall and refers explicitly to the former owner? Are you allowed to radically renovate architectural structures without infringing the moral rights of the original designer? In practice, the artist's rights will be weighed against the (new) owner's interests. Some factors that may play a role here include whether there is an alternative to the renovation and the quality of the new design. often causes less problems than changing a work of art, as destruction does not re- duce its artistic quality. However, even in that case the artist still has certain rights, such as, for instance, to get the opportu- nity to document his work of art. Besides, the owner must have a certain interest in destroying the work and he must show that there is no good alternative. When Amsterdam Airport Schiphol removed a work of art from a wall because of reno- vations and it then warped so badly that it could not be placed back, the company was permitted to destroy it. In the USA, the protection of the moral rights of authors differs from state to state and objects are often only reluctantly recognized as "works of art". Though usually known to be rather generous in this respect, the State of California was reluctant to recognize a mural as a painting, i.e. a work of art enjoying protection. art law requires the consultation of a specialized and experienced art lawyer. Russell Advocaten has been well familiar with international art law issues for many years and is regarded worldwide as the leading law firm in the Netherlands dealing with art and law issues. |