Purchase Agreement/Contract of Sale – A written document that proves the transfer of ownership of movable or movable property, such as when a work of art is sold or used as collateral for a loan. A sales contract may contain certain representations, warranties or conditions in connection with the transfer. A contract of sale is not required to transfer ownership, as ownership can be transferred by donation, but a contract of sale provides proof of transfer. Legal definitions of "work of art" are used in copyright; see Visual Arts § United States of America Definition of Visual Arts by Copyright. Products of environmental design, depending on intent and execution, may be "works of art" and include: land art, site-specific art, architecture, gardens, landscape architecture, installation art, rock art, and megalithic monuments. Importation – When art is imported into the UK, import VAT may apply. Works of art and antiques imported from outside the UK are generally subject to 5% import VAT. Certain goods are not subject to import VAT if the exemption from temporary importation is granted at the time of importation. Deposit – The transfer of ownership (but not ownership) of the works of art by the owner (the guarantor) to another person (the bailiff) so that the works of art can be used for a specific purpose, provided that they are returned to the bailiff or returned or stored in accordance with the bailiff`s instructions until they claim them. The guarantor is not the owner of the goods, but has them in possession. The guarantor is obliged to handle the goods with reasonable care and to return them in accordance with the terms of an express or implied security agreement. In the art world, a deposit can occur when someone hands over a work of art at auction, lends a work of art to a museum, lends money secured against a work of art, gives a work of art to a conservator for restoration, or donates a work of art to a transportation or storage company.
Defining art has always been a challenge and yet there is no definitive answer to this, as it covers a concept that has profoundly evolved over the years. This makes it impossible to find a suitable framework, because the only solid pillar we have today is based on the fact that art is subjective. We can refer to art with a very dry definition: the different branches of creative activity, such as painting, music, literature and dance. Some art theorists and writers have long distinguished between the physical qualities of an art object and its identity status as a work of art.  For example, a Rembrandt painting has a physical existence as an "oil painting on canvas" that is distinct from its identity as the artist`s masterpiece "work of art" or magnum opus.  Many works of art are first denied "museum quality" or artistic value, and then accepted and appreciated in museums and private collections. The works of the Impressionists and non-figurative abstract artists are examples of this. Some, such as Marcel Duchamp`s "ready-masons", including his infamous urinal fountain, are later reproduced as museum-quality replicas. Copyright: Under UK law, copyright is an intellectual property right that exists and protects original literary, dramatic, musical or artistic works. sound recordings, films or broadcasts; and the typographical arrangement of published editions. However, the requirements and the mere notion of work have different meanings from one jurisdiction to another (Italy, for example, has a broader conception of work) and recent case law has shown that the system has not achieved a fully harmonised definition in this respect.
Copyright protects the expression of ideas, not the idea itself. The term of protection may vary from country to country, but generally does not go into the life of the author more than 50 years after his death. A work of art, a work of art, a work of art or an object of art is an artistic creation with aesthetic value. With the exception of "works of art," which may be used for any work considered art in the broadest sense, including literary and musical works, these terms apply primarily to tangible physical forms of fine art: Technical analysis – Technical analysis of a work of art may include X-ray, infrared, or pigment analysis of the color and/or layers of a painting. Authentic: An original work of art (i.e. neither a copy nor a reproduction). Art financing or art loan: Through financial institutions or auction houses, a work of art may be secured by loans, with the artwork itself being the guarantee for the loan. Private sale or private sale – The sale of a work of art privately, in which an art dealer or auction house may be involved, and not by public auction. Capital gains tax (CGT) – Income tax when an asset (for example, a work of art) is sold or disposed of whose value has increased. The CGT is calculated on the basis of the increase or increase in value and not the selling price. It applies to some assets, such as works of art, but not to others, such as vintage cars, watches and wine.
A painting can also be associated with a combination of these terms, such as artist and studio, if the work was painted partly by the artist (e.g. face or hands) and partly by studio assistants (e.g. background). Art law has a specialized vocabulary that applies precisely to this niche. You can find a complete and very detailed glossary of art law terms by clicking here; However, we have selected the most relevant ones. Condition Report – A written description and record of the condition of a work of art, usually including photographs taken by a specialized conservator. A condition report can be prepared before an auction, a private sale, an exhibition or during the transport of a work of art. All this is closely related to so-called traditional art.
Nowadays, however, art has developed profoundly and, as always, the law is "lagging behind" and is now catching up and adapting to these new emerging legal aspects and implications. Autograph – A work of art entirely painted by the artist. Settlement (also known as out-of-court settlement or confidential settlement) – When the parties agree on the terms to end a dispute or legal proceeding. Artist Michael Craig-Martin, creator of An Oak Tree, said of his work: "It`s not a symbol. I transformed the physical substance of the glass of water into that of an oak. I didn`t change his appearance. The actual oak is physically present, but in the form of a glass of water.  Moral rights – The right of an artist or author to protect the integrity and ownership of works he or she has created, including literary, dramatic, musical and artistic works and films, as well as certain performances.
In the UK, four moral rights are recognised: the right to authorship (also known as the right to be named), the right to integrity (also known as the right to object to the derogatory treatment of a work), the right to erroneous attribution, and the right to privacy in certain films and photographs. Moral rights are personal to the author or artist and therefore cannot be transferred or "assigned" to anyone during his or her lifetime, but they can be exercised after death by the beneficiaries and personal representatives of the author or artist. Dealer (also gallery) – A person or company that buys and sells artwork. Due diligence – measures to evaluate a work of art, often before a purchase or loan. These steps may include checks to determine the provenance, title, authenticity and condition of a work of art. Although art in the broad sense includes the arts (music, film, theatre, literature, etc.), when referring to art law in its traditional definition, it only concerns works of visual and/or visual art. Indeed, the fields of music, cinematography, cinema, literature and entertainment, although these works are in reality works of art, are often discriminated against by media law. In addition, art law is closely related and often overlaps with the field known as cultural property law. Finally, it should be noted that art has only recently entered a phase in which its creation, sale, collection and exhibition are subject to specialized legal treatment through laws, regulations, regulations, contracts and jurisprudence, which means that no specific legislation has been created before for situations that occur in art. This has led to many uncertainties and complications, which have led to the creation of specific applicable legislation, which now provides the system with a stronger basis and legal certainty. Physical objects that document intangible or conceptual works of art, but do not conform to artistic conventions, can be redefined and reclassified as art objects.