Art Law and Ethics

Intrigued by the intricate legal framework that governs the art market? Explore the complex issues surrounding artist's rights, copyright, intellectual property, and the repatriation and restitution of cultural property.

This course provides an in-depth introduction to the complex field of art law and its implications for the larger art market. Students will study various issues such as artist’s rights and copyright, Intellectual Property and the legal ramifications of appropriation, repatriation and restitution of cultural property, and legal issues related to market transactions. Through case studies, discussions, and industry perspectives, students will understand how these issues intersect with the responsibilities of key art market players.

Sotheby’s Institute faculty member Judith Prowda, notes that there is not an aspect of the art market that is not somehow affected by the law. Taking the lifecycle of a work of art, from the moment art is created there are immediate questions of copyrights and ownerships of intellectual property. Upon its entry to the primary market a work is sold for the first time, through a gallery or other point of sale. Later, the art may be resold through a secondary market – a dealer or at auction. “At each stage along the way, there are legal issues,” Prowda says. An art business professional must understand the legal aspects of copies, copyright infringement, and forgeries; art entering museums and tax implications, or the legal frameworks in creating foundations and new business ventures.