Many new art collectors have asked the question of why art collectors should hire an art law attorney. They understand that buying art or other collectibles is a fun way to make money, however, they also understand that they could be in violation of the law if they do not follow regulations and laws concerning ownership and displaying of collectibles. Some examples of these regulations are the Antique Dealers Act, the Cultural Exchange Act, and the Seduction of Death Laws. Understanding the different laws can help new art collectors understand what is acceptable and what is not acceptable when buying art, antiques, and collectibles.
Art Law Attorney Familiar with The Antique Dealers Act
The Antique Dealers Act regulates the sale and purchase of antique or classic items. This includes all types of art, from paintings to pottery. All art collectibles that fall under this act must be certified by an officer of the United States National Bureau of Standards. Each state has different laws regarding antique and classic art collectibles and there are a number of different agencies within each state that collect and regulate antique and classic art collectibles. Collectors should learn the requirements of each state and then research the laws for art collectibles within their own state. The reason why collectors need to know the law for their state before investing money into a piece of art or other collectible is that different states have very unique requirements regarding the certification of antique and classic art collectibles.
What Is An Art Collectible?
An art collectible is defined as any item of artistic production that has a monetary value. This includes art paintings, art reproductions, figurines, or other types of art collectibles. Although some collectibles may be more highly valued than others, many collectors do not concern themselves with the monetary value of their collections. They generally only care about art and the piece of art in its present condition.
The cultural exchange act covers the legal purchasing and selling of objects with a historic or cultural significance. This includes art, music, and other collectible items. These items are considered to be “public domain” and collectors all across the country are able to purchase, sell, and trade these items. However, just because a piece of collectible is in the public domain does not mean that it is without restrictions. Each state has different restrictions and rules that apply to are collectibles and each collector should research the laws for his or her state to ensure they are abiding by all regulations.
Art Collectors Should Consult an Art Law Attorney
When dealing with art collectibles, a legal art expert is a must. He will know and understand the ins and outs of the different legalities that govern the art collectibles field and the laws that govern its production. The art collectibles field is a very specialized one. One collector in California might feel that he has purchased a real antique piece of art when in actuality it was a modern-day reproduction. This is why an art law attorney should be employed before a case is taken to court. He will be able to prevent any problems before they arise and he will be able to keep the money the collector is owed to ensure that he obtains his legal rights.
In most states, if you collect an item with original copyright and the state law allows it, then you may collect the item as a collectible. However, there are still other factors that the law will consider when dealing with legal copyright. If the piece of collectible in question is over a certain monetary value or is of exceptional importance to the culture or to the people involved then it is considered to be a priceless piece of art and the state should protect it from the exploitation of the public. Such a law is referred to as public domain and is one of the reasons why an artist can have his collectible or artwork copyrighted.
In some states, if a collectible is found to be an original piece of work produced by an artist, then it is not entitled to protection under the law. It is important to remember that state laws are always changing, and this means that a collector could find that he is infringing a collectible that was protected years ago by another state. There are many variables involved in determining what is not protected. It is a good idea for the artist or collector to have an art collectible lawyer help him establish the ownership and the rights of his collectibles. Even if it is not legal, the lawyer may be able to make sure that the right to own the collectible is not being infringed upon and that the collecting party is not infringing any rights of others.
A collection of art is usually valuable, but it can be illegal to own some art collectibles. There are legal protections in place for art, including what must be insured against, who can make commercial reproductions of art, what can be insured against in terms of defects in the art, and what kind of collectors’ items are available. If you are thinking about starting your own collection of art, then talk to your art law attorney to see what he can do for you. You don’t want to take the chance of being accused of infringement. Your attorney can advise you as to what you can legally own. And he can help you determine if a particular piece of the art collection is actually worth the amount you are being told it’s worth.