The Courtauld Institute Law Society

At the intersection of art and law

Author: Andrew Swait

Rudy Capildeo, “Deal Making in the Art World”

Rudy Capildeo

Date: Feb 15th 2017 | 6:30pm

Speaker: Rudy Capildeo (Associate, Boodle Hatfield LLP)

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How do auction houses, dealers and galleries make their money and what pitfalls must they try to guard against? Is market practice really best practice? Rudy Capildeo will consider the various types of deal structures most commonly used in the art world such as auction guarantees, consignments and back-to-back transactions and what the risks and rewards of each are.

Early One Morning 1962 by Sir Anthony Caro 1924-2013

Rudy Capildeo, “Artists’ Rights: Protection and Exploitation”

Rudy Capildeo

Date: Jan 18th 2017 | 6:30pm

Speaker: Rudy Capildeo (Associate, Boodle Hatfield LLP)

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What protections do artists’ have against others stealing their ideas or exploiting their work? What is the artist’s resale right, how does it work and why do some on the UK’s art scene want to be rid of it post-Brexit? Rudy Capildeo will talk from the perspective of the artist discussing what steps artists should take to protect their work, the revenue streams they should safeguard and the artist’s relationship with the art market.

Card Sharps, Caravaggio

“When is a Caravaggio not a Caravaggio? The Duties of the Auction House”

Tim Maxwell  Rebecca Foden

Date: 23rd Nov 2016 | Time: 6:30pm

Location: F44, New Wing, Courtauld Institute of Art

Speakers: Rebecca Foden (Solicitor, Boodle Hatfield LLP) and Tim Maxwell (Partner, Boodle Hatfield LLP)

Rebecca Foden of Boodle Hatfield LLP will discuss the issues of authenticity and the pitfalls that arise when an auction house’s due diligence is called into question. Boodle Hatfield LLP represented Mr Thwaytes in the most high profile litigation of 2014 and which was of great importance in the field of art litigation/professional negligence. The judgement reflects the development in this area of law and the standard of care owed by a leading auction house to its consignors.

Thwaytes v Sotheby’s [2015] EWHC 36 (Ch)

Tim Maxwell, “Who owns street art?”

Tim Maxwell

Date: 19 October 2016 | 6:30pm

Location: Room F44, New Wing, Courtauld Institute of Art

Speaker: Tim Maxwell (Partner, Boodle Hatfield LLP)

Tim Maxwell will discuss Boodle Hatfield LLP’s recent involvement acting for a charity that sought the recovery of a Banksy mural called “Art Buff” in a case that raised points of wider application in art and property law. The talk will also touch on the legalities and illegalities of street art and the tension between an artist’s rights and the property rights of a landowner.

IAL Bordered Header

Diploma in Art Profession Law & Ethics | 2016

This is an intensive, interactive course from the Institute of Art and Law designed to introduce both art professionals and lawyers to the specific legal risks and safeguards that underpin all art transactions; the course has been redesigned from it’s usual format specifically for Courtauld Law Society members.

It covers buying and selling, lending and borrowing, donating and accepting, disposing and giving away.

It teaches you how to avoid legal trouble and how to get the legal advantage.

Who teaches on the course?
The course will be taught by leading practitioners in the field with sessions from a combination of solicitors, barristers, and law professors. IAL Senior Researcher Emily Gould and Assistant Director Alex Herman will provide teaching and guidance throughout the course.

Who qualifies?
It is open to both lawyers and non-lawyers. Applicants not currently enrolled at the Courtauld Institute should either hold a recognised law degree or possess relevant experience in the field of art or antiquities. Numbers will be limited in order to allow participative discussions.

Course Content
Please find a PDF breakdown of course content here

Assessment
The assessment consists of a single essay of approximately 5000 words, due several weeks after the course.

Additional Details
The course will run Monday-Friday from September 26-30th 2016. Normally this Diploma spans several months, not of continuous teaching, but spread out with one or two days per month. Consequently, there will only be a very slight condensing of material as each day will be filled with more teaching than on the regular DipAPLE course; sessions will begin at 9am, there will be shorter breaks, and we will finish later than normal. There will also be a substantial amount of reading provided ahead of time which must be digested thoroughly before each session; readings will be provided well in advance so this can done over summer.

Azmina Jasani, ‘Appropriation Art and Fair Use: Where is the Line?’

Date: March 2nd 2016 | Time: 6pm

The Courtauld Institute of Art, Strand, London, WC2R 0RN

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Azmina Jasani Profile

Azmina Jasani (Art & Cultural Property Law Group at Constantine Cannon) has kindly agreed to speak on the highly contentious Prince v Cariou case in which she was one of the lead defence attorneys for the Gagosian Gallery (and Richard Prince)! With Azmina being dual-qualified to practice in both New York and England, this will be a great opportunity to learn more about the US system for Copyright protection. Additional cases, comparing fair use (US) with fair dealing (UK) exceptions, will be also be covered.

You can find a short profile on Azmina here

Alexander Herman, ‘Art, Resolution and the Courts: At the nexus of art and law’

Date: 17th Feb 2016

Time: 6pm

Location: Room F44, New Wing, The Courtauld Institute

The talk will provide an overview of the matrix of laws that can affect the art world in different ways, while showing what happens when art-related disputes end up in court. How are lawyers and judges to understand some of the most critical questions about art – what is art, how do we measure artistic qualities and how do we establish the artistic purpose behind a work of art?

Alexander Herman is the Assistant Director of the Institute of Art and Law. He also acts as the IAL Academic Co-ordinator in which role he oversees the academic content and assessment procedure for the distance learning programmes Foundation Certificate in Art Law and the Diploma in Art Law. He has written and presented on an array of topics in relation to art and cultural property, including on international conventions, bilateral cultural property agreements, private arbitration concerning disputed works of art, copyright and the legal implications of art collecting. He is trained in both common law and civil law legal systems and has practised law in Canada in a dual-language environment (English-French).

Amanda Gray: ‘The Importance of Due Diligence’

Amanda Gray Profile

Date: February 3rd 2016 | Time: 6pm

Location: F44, New Wing

Amanda is a solicitor at Mischon de Reya (who have both an Art Law and an IP department); she’ll be discussing the importance of due diligence by covering several interesting cases. Mischon were the first specialist art law group and are now an international leader in their field with clients ranging from artists, dealers, and collectors to foundations, museums, and governments. A quick profile on Amanda can be found here.

Introduction to Art Law

Stephanie Wickenden ProfileDates: Nov 4th, 11th, 18th, 25th 2015 | Time: 6pm

Courtauld alumna and barrister Stephanie Wickenden, will be holding the course which will run during November 2015

Stephanie graduated from the Courtauld (BA 2011) stidied law at Cambridge University and was called to the Bar by Inner Temple in 2014.   Stephanie has a contentious and non-contentious practice covering all IP rights, including licencing and contractual disputes pertaining to IP and IT.

This four week course will equip you with an understanding of the key legal issues which commonly arise in relation to art. Each session will introduce a different key area of law and discuss its application to the art market. The course is suitable both for those who want to know specifically about law in the art market, and those who are considering a further career in law more generally. No prior study of law is necessary.

Session 1 – Key concepts of Law and Art [F44: New Wing]
This session will introduce key concepts of law and the legal system including:

  • Who makes laws and how?
  • What is the relationship between different international laws?
  • What does law prohibit in the art world?
  • What does law require in the art world?
  • I am an artist – how does the law help me?
  • I work in a gallery/auction house/dealership – who might sue me?!

Session 2: Concepts of Ownership 1 (Intellectual Property) [Seminar Room 1]
This session will introduce intellectual property and will cover:

  • Copyright
  • Licensing use of artworks through copyright and contracts
  • The legal definition of “artistic work”
  • Moral Rights
  • Differences in international copyright

Session 3: Concepts of Ownership 2 (Physical Property) [F44: New Wing]
This session will further explore how the law views ownership of art and cultural property, including considerations of:

  • Looted art and restitution
  • Legal issues with graffiti art – case study Banksy
  • Legal issues with appropriation art

Session 4: Art Business and Law [F44: New Wing]
This session considers the most common type of legal agreements and responsibilities which arise in art business, as well as many other commercial spheres:

  • Contracts for sale and loan
  • Case study in Damien Hirst’s studio practices
  • Professional Liability and Negligence – Case study on negligent attribution
  • Art Historians as expert witnesses

Coursework (Optional)If you attend 3 or 4 of the classes you will be eligible to undertake a short piece of written work and complete the course with a certificate in Art Law, graded Pass/Merit/Distinction. This is very useful for CVs! The written work is optional, so you are welcome just to attend the sessions, however you would not receive a certificate.

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