Art Law
Who we represent
Our Art team deals with complex corporate and private individual transactions for art collectors, individual artists, art galleries, museums, art foundations and foreign governments.
What we do
- Provide advice on trademark, copyright, trade secrets, industrial design, registration, strategy, disputes, and protection of IP.
- Act for museums and art collectors on the buying and transfer of art from various jurisdictions.
- Deal with issues concerning Designs Act violations, Geographical Indicators, and Indigenous plant varieties.
- Draft confidentiality, technology transfer, licensing, and assignment agreements.
- Negotiate and draft industry-specific contracts and manage international artists.
- Register international trademarks under a consolidated application.
- Prosecute and defend infringement claims.
Recent experience includes:
- Advising prominent US museums, on Indian law issues concerning artifacts and antiquities from India.
- Advising on IP issues arising from the estate of the renowned actor, writer, playwright and film director.
- Advising a client on their rights and entitlements under the copyright and plagiarism laws where the original work in a particular form, format and size was copied onto a different form, format, and size. This case required a multi-pronged approach considering the work was also shared on virtual public platforms, requiring action against the infringer, intermediary platforms, and quasi-judicial fora governing the parties.
Our Strengths
We have a deep understanding of the creative process, valuation of artistic works and the commitment to artistic and original expression. We strive to educate artists and creative entrepreneurs about their rights to protect their original works. We consider our clients’ concerns and observations and combine their expertise with ours to provide innovative solutions.
For further information or to discuss matters in confidence, please reach out to our partners.
Frequently Asked Questions
Art law is the legal field that governs the creation, sale, ownership and preservation of art. It covers areas like contracts, intellectual property (especially copyright), provenance, cultural heritage laws and art theft. Copyright law specifically protects artists from unauthorized use or duplication of their work.
Collectors should consult an art law specialist during acquisitions or sales, provenance verification, cross-border transactions, estate planning and in case of disputes. Legal guidance ensures compliance, reduces risks and protects ownership rights.
Common issues include verifying legal title, confirming provenance, authenticity concerns, tax implications, insurance and compliance with cultural property laws. These arise due to the unique and high-value nature of artworks.
Art law promotes due diligence by requiring documentation and expert assessments to verify the history and authenticity of artworks. This helps determine legal ownership and market value while reducing the risk of acquiring forged or stolen pieces.
Artists rely on copyright, design and sometimes patent laws to protect their creative works. These rights prevent unauthorized reproduction, adaptation, or commercial use of their art, ensuring legal and financial control over their creations.
Cultural heritage laws regulate the export, sale and ownership of culturally significant artworks. They protect national heritage and can impact private sales, museum loans and international art transfers.
Collectors may structure ownership through trusts, holding companies, or private museums. These arrangements help manage taxes, succession planning, liability and philanthropic goals.
Thorough due diligence involves verifying provenance, authenticity, title, existing liens, insurance coverage and legal compliance. These checks are essential to safeguard against fraud and financial loss.
Art law plays a role in valuing, managing and transferring art as part of an estate. It ensures artworks are properly catalogued, taxed and distributed according to the owner’s wishes or legal framework after death.
Key issues include enforcing smart contracts, clarifying intellectual property rights, addressing platform liability and verifying provenance via blockchain. These areas are still developing in response to the rise of NFTs and digital art.
Kamala Naganand
COUNSEL | MEDIATOR
Quick Links
Art Law
Bankruptcy, Restructuring and Insolvency
Corporate Advisory
Domestic Arbitration and Mediation
Fraud, Asset Tracing & Enforcement
Intellectual Property
International Dispute Resolution
Private Client Practice
Private International Law Disputes
Pro Bono
Real Estate
Risk Management & Compliance
Trial and Litigation
