Arts and Culture
Kerres | Partners advises and represents numerous clients in the arts and cultural sector. Our legal work extends from the legal representation of galleries, museums and foundations to criminal Law in Regard to Arts.
Our services include
- Advisement and representation in all cultural sectors (art, theater, music, opera, literature, design, monument protection and care)
- Advisement and representation of cinematographers, entertainers, designers, photographers, actors, musicians, singers, authors
- Legal representation of galleries, art organizations, museums, music associations, concert halls, cultural associations, art collections, foundations
- International art, copy right and cultural rights
- Tax integration of the art collection in the overall assets structure
The right of resale offers artists and their heirs the opportunity to be economically involved in the further sale of their works. In concrete terms, artists are entitled to a remuneration for each resale of their works after the first sale. The remuneration claim is calculated as a percentage of the sales proceeds of the work. Up to € 12.500,00 can be claimed.
We will be pleased to accept your claim for compensation. We examine the legal basis and carry out the necessary correspondence. According to the statutory regulations, galleries or auction houses are obliged to provide artists information about the sale of their works. Of course, we would be pleased to claim this information.
Acquisition and sale of works of art
The acquisition and sale of works of art are linked to a multitude of legal problems. Who is liable, for example, if a work of art is damaged during transport; can a work of art also be deficient and what is to be considered at auction? In addition, other topics such as tax law, insurance and international law are also relevant when selling or acquiring art.
With our many years of experience and expertise in this field, we are able to provide comprehensive advice to artists, collectors and art lovers as well as to museums and auction houses in all matters relating to the purchase or sale of works of art.
Copy right law
Copyrights are of essential importance in the field of art. On the one hand, they enable artists to make an economic contribution to the commercial use of their works. On the other hand, with the help of copyrights, the development and scientific representation of their work can be influenced.
We advise you in all matters relating to copyright and help to find an optimal solution.
Restitution law is a controversial topic in the Austrian art landscape and does not seem to lose its presence. According to the Art Return Act, there is a legally ancillary obligation to return cultural property from the Austrian Federal Museums and Collections. This, however, relates only to state property owned cultural property. A similar national rule, which relates to foundations established with the help of the state or private property, does not exist yet.
We would be delighted to provide you with our long-term experience with the consultation and procedure in regard to possible restitutions. We take over the correspondence and elaborate solutions for you.
The diversity of the profession of an artist is as diverse as the legal areas connected with the practice of the profession of an artist. For example, issues related to trade law, social insurance (social insurance of independent artists), labor law (employment contracts) are only a few important areas which can be clarified thorough qualified legal advice.
We are happy to advise and support you in all matters.