Berg & Moll Rechtsanwälte Avocats advise, assist and represent their international, German and French clients in international art law.
In the field of art law, we focus on legal questions concerning works of art and artworks. Our clients are not only artists, authors, craftsmen, designers, private and public cultural institutions, museums, auction houses, galleries, theatres, private and public associations and organizations, but also include individuals such as collectors, experts and commissioners. We advise our clients in various subject areas of art law, notably related to creation, commercialisation and licensing of works as well as to the physical distribution of a piece of art or artwork on the art market.
Berg & Moll Rechtsanwälte Avocats assist their clients in various areas, such as
- Agreements with institutions and galleries
- Loans, guarantees
- Transport of artworks and works of art
- Examination of works of art for authenticity, origin and value, provenance research
- Project audit on anti-money laundering and anti-corruption criteria
- Exhibition leases
- Last wills, artists estates, inheritance law
- Tax law with regard to the art market specificities
- Foundations and other institutions
- Insurance specificities
- Enforcement procedures
- Customs law
Protection of cultural property
Cultural property protection includes all rules and regulations for the protection of cultural property with different status and legal protection meant to avoid damage, destruction, theft, embezzlement or other loss or unlawful handling of cultural heritage. “Monument protection” (historical monument, remarkable architecture, etc.) can be asked for and given to immovable cultural property (constructions, houses, ruins, fortresses, gardens, etc.). Specific rules and regulations stipulate the access to protection, the prevention and the legal prosecution of robbery, the digging at archaeological sites and the looting or destruction of natural or man-made cultural sites worldwide. Simultaneously, the protection of cultural property also addresses questions about general access to the common cultural heritage.
Berg & Moll Rechtsanwälte Avocats notably advise their clients in specific questions of cultural property protection:
- Built heritage
- Import and export of pieces of art and other goods that circulate (archaeological, etc.)
- Restitution of works of art in the event of theft
- Return of works of art from times of war (including World War II, Nazi-looted and trophy art), and in the context of injustice (colonial art, human remains, minority protection)
Copyright & Moral rights
Art law focuses on the artwork and the artist and thus includes copyright, the resulting exploitation and usage rights in addition to the related moral rights and its obligations.
As far as works of art, such as portraits or photography, refer to the images or rights of third parties, not only personal rights but also publicity rights become relevant.
We advise our clients in the following areas:
- Criteria for protection and registration
- Economic rights and management of the monopoly
- Specificities of co-creations and co-productions
- Specific situations for design works
- Specific situations for digital creations
- Collecting societies
- Publications and digital communication
- Legal quality of a work of art (creativity, originality, artificial intelligence)
- Resale rights
- Reproduction rights, licences, commercial rights
- Image rights