Introduction

There is no such thing as ‘art law’ but there are several laws that apply to owning and transacting in cultural heritage. The number of variables in valuation make it an inexact science and it may be difficult to apply the certainties that the law requires. Another difficulty is that, unlike property, many cultural objects are moveable; histories may be lost and misunder - standings may occur.

Many activities in museums, galleries, archives and libraries, such as loans, commissions or exhibitions, require agreements between two parties and as such, involve the law of contract. Other relevant legislation includes government statutes, laws of property and of transacting in cultural goods.

Laws that may affect transacting in cultural goods

Many of the laws, in the UK, that affect cultural goods are not aimed specifically at heritage collections. They may however, influence value, either because they add an element of risk to the purchase or because they may increase market price by requiring certification or incurring additional costs.

Artist's resale rights

These are the rights of an artist to gain a share of the sales price of their work when sold on the secondary market, subject to certain terms and conditions. Since they are based on a percentage of the sales price, the higher the value, the more the artist will receive. Artist's resale rights are paid by the seller so may increase the purchase price and affect value.

Charity law

Many collections are governed by charity law and bound by certain constraints. These may include providing values for the ‘assets’ or not being permitted to dispose of them.

Contract

The law of contract covers many transactions relating to cultural property. Copyright

There is financial value in the copyright of a work of art or design apart from the value of the item itself. Owning the copyright as well as the object allows full control over its use and reproduction. Not owning the copyright may adversely affect the value of the object. The copyright may be sold separately from the object, or may be transferred with the object without payment.