The Antique and Art Collector's Legal Guide: Your Handbook to Being a Savvy Buyer (Legal Survival

210 Pages·2003·1.12 MB·English

by  Leonard DuBoff

protect the things you love— “This book is a
The
your collection, your investment and your peace of mind. must
for every collec-
“Sage Advice. Collectors…need to know…the fine points of their tor.”
collections.The thoughts, the questions, the guidance has been distilled
—Les Zieba,
down to one volume, The Antique and Art Collector’s Legal Guide.”
—George E. Hicks, CEO,The National Civil War Museum and former Director,
Museum and Historical Services, at The Greenwich Workshop
ationaly recognized atorney and art law expert, The
Leonard D. DuBoff, gives every collector what they have
Nbeen looking for.This concise, easy to follow guide, leads
Antique
the collector from the prepurchase stages, to displaying your work,
to passing it on for future generations to love and enjoy.
Don’t Be Cheated–Learn to spot fakes, phonies and fast-talkers and
Art
Uncover Hidden Gems–Learn to find treasures in untapped places
Avoid Costly Mistakes–Learn what you need to know about insurance,
taxes, customs, loaning out your work, and Collector’s
THE RIGHTS OTHERS MAY HAVE TO
YOUR COLLECTION!
Legal
“Useful legal and practical tools…for the
amateur as well as the serious collector.”
—Caroline R.Young, artist
Whether you are colecting quarters or Quen Ane Furniture, Guide
masks or museum-quality pieces—
this book is for YOU!
Your Handbook to
Becoming a Savvy Buyer
SPHINX® PUBLISHING Art and Collectibles $24.95 U.S.
AN IMPRINT OF SOURCEBOOKS, INC.® $39.95 CAN
NAPERVILLE, ILLINOIS
www.SphinxLega l . com DuBoff
Leonard D. DuBoff
Attorney at Law
Antique and Art Collector’s Legal Guide
UPC
EAN
The Antique
and
Art Collector’s
Legal Guide
your handbook
to becoming a savvy buyer
Leonard D. DuBoff
Attorney at Law
®
SPHINX PUBLISHING
AN IMPRINT OF SOURCEBOOKS, INC.®
NAPERVILLE, ILLINOIS
www.SphinxLegal.com
Copyright © 2003 by Leonard D. DuBoff
Cover and internal design © 2003 by Sourcebooks, Inc.
All rights reserved. No part of this book may be reproduced in any form or by any
electronic or mechanical means including information storage and retrieval sys-
tems—except in the case of brief quotations embodied in critical articles or
®
reviews—without permission in writing from its publisher, Sourcebooks, Inc.
Purchasers of the book are granted a license to use the forms contained herein for
their own personal use. No claim of copyright is made in any government form
reproduced herein.
First Edition, 2003
® ®
Published by: Sphinx Publishing, An Imprint of Sourcebooks, Inc.
Naperville Office
P.O. Box 4410
Naperville, Illinois 60567-4410
630-961-3900
Fax: [phone]
www.sourcebooks.com
www.SphinxLegal.com
This publication is designed to provide accurate and authoritative information in
regard to the subject matter covered. It is sold with the understanding that the pub-
lisher is not engaged in rendering legal, accounting, or other professional service. If
legal advice or other expert assistance is required, the services of a competent pro-
fessional person should be sought.
From a Declaration of Principles Jointly Adopted by a Committee of the
American Bar Association and a Committee of Publishers and Associations
This product is not a substitute for legal advice.
Disclaimer required by Texas statutes.
Library of Congress Cataloging-in-Publication Data
DuBoff, Leonard D.
The antique and art collector's legal guide : your handbook to
becoming a savvy buyer / Leonard D. DuBoff.-- 1st ed.
p. cm.
Includes index.
ISBN 1-57248-349-0 (alk. paper)
1. Law and art--United States. 2. Antiques business--Law and
legislation--United States. I. Title.
KF4288.D798 2003
344.73'097--dc21
2003006274
Printed and bound in the United States of America.
BG Paperback — 10 9 8 7 6 5 4 3 2 1
Contents
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xi
SECTION 1: ACQUISITION AND PROTECTION . . . . . . 1
Chapter 1: Getting Started. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Researching
Purchasing
Chapter 2: Purchasing and Reselling Your Collectibles . . . . . . . . 11
Galleries and Shops
Artists and Craftspeople
Auctions
General Restrictions
Chapter 3: Due Diligence on Purchase and/or Sale . . . . . . . . . . . 27
Stolen Goods
Warranties
Chapter 4: Authenticating the Work . . . . . . . . . . . . . . . . . . . . . . 37
Forgeries
Multiples Legislation
Certification Marks
Conclusion
iv The Antique and Art Collector’s Guide
Chapter 5: Inventory and Insurance . . . . . . . . . . . . . . . . . . . . . . . 49
Inventory
Insurance
Loss Occurance
Chapter 6: A Guide to Protecting Your Home and
Collection from Theft. . . . . . . . . . . . . . . . . . . . . . . . . 61
Anonymity
Alarm Systems
Exterior Considerations
Identifying Your Property
Victim of Burglary
Chapter 7: Investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Collectors
Investment Potential
Investment Considerations and Sources of Information
Financing Investments
Chapter 8: Conservation and Restoration . . . . . . . . . . . . . . . . . . 75
Suggested Methods of Display
Signs of Deterioration
Professional Conservators
Conservation and Restoration Techniques
SECTION 2: SPECIFIC LEGAL ISSUES . . . . . . . . . . . . . . 81
Chapter 9: Copyright . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Copyright Act of 1976
Copyright Protection
Copyright Owner
Conclusion
Contents v
Chapter 10: When Rights Collide . . . . . . . . . . . . . . . . . . . . . . . . 97
Moral Rights
Resale Royalties
Chapter 11: Tax Considerations . . . . . . . . . . . . . . . . . . . . . . . . . 103
Income Tax
Gift and Estate Considerations
Chapter 12: Import and Export Restrictions for the Collector . . 113
Customs Duties
Chapter 13: When Your Artwork is Held by Others. . . . . . . . . . 121
Bailment
Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Appendix A: List of Organizations . . . . . . . . . . . . . . . . . . . . . . . 155
Appendix B: List of Publications . . . . . . . . . . . . . . . . . . . . . . . . 159
Appendix C: Selected Laws Governing Artists and Dealers . . . . 163
Appendix D: Other Resources . . . . . . . . . . . . . . . . . . . . . . . . . . 185
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Preface
It seems that people have collected items since the dawn of time. The
process appears to cut across cultural lines and geographic boundaries.
Even primitive societies, such as the peoples who settled North
America, displayed their wealth and stature by exhibiting the spoils of
war. In The Odyssey, Homer has an extensive discussion of the trophies
collected as symbols of victory. Few collectors today are as dramatic in
their methods of acquiring items for their collections as the Homeric
heroes, yet, they are probably just as diligent.
This book began as the logical extension of a progression of writ-
ings for institutions and individuals involved in the world of art,
antiques, and cultural property. In 1974, I was privileged to chair the
first multi-national conference devoted to Art Law. Participants
included leading museum professionals, international scholars, creative
people, scientists, and a host of participants in the world of art,
antiques and cultural property. The conference proceedings were pub-
lished as a book entitled Art Law: Domestic and International, which,
with the assistance of a National Endowment for the Arts grant,
helped lay the foundation for the field of Art Law.
Through my teaching and lectures as a professor of law at Lewis
and Clark Law School, I was able to develop additional material and
The Deskbook of Art Law, now in its third edition, in two volumes, and
cited by courts, the U.S. Congress, state legislatures and professionals,
emerged. The Deskbook was intended to aid professionals such as
viii The Antique and Art Collector’s Guide
judges, lawyers, legislators, museum professionals and the like with the
emerging field of Art Law. Later, I wrote a book entitled Art Law in a
Nutshell for students. More recently I wrote The Art Business Encyclopedia
and The Crafts Business Encyclopedia for the creative person.
When the gallery professionals I worked with requested specific
information to assist them in their activities, I wrote The Law (In Plain
®
English) for Art and Crafts Galleries. I also wrote The Law (In Plain
®
English) for Crafts, now in its fifth edition, as another book in that series.
I believed that all aspects of the field had been provided for but, to
my chagrin, I learned that the collectors, perhaps the most active par-
ticipants in the marketplace, had not been served. I, therefore, began
work on this Antique and Art Collector’s Legal Guide. It is intended to
provide you, the collector, with a clear understanding of many of the
issues that are important in your collecting activities.
The process of collecting material, digesting it, researching issues
that arise, and determining which issues are most relevant to a poten-
tial reader, particularly in a field as broad as this, is extraordinary. I was,
therefore, fortunate to have the help of many colleagues and friends
while working on this book. It is impossible to identify all of the indi-
viduals who have contributed to this work, but there are some who
deserve special mention.
I would, therefore, like to thank my colleague, Christy O. King,
Esq., a principal in the firm of The DuBoff Law Group, who has spent
many off-duty hours running down information which appears in the
pages that follow. Her knowledge, skill and dedication are unsurpassed.
I would also like to thank Peggy Reckow for her skill in converting
my scraps of paper, incomprehensible interlineations and cryptic notes
into a readable manuscript. Nancy Walseth, Esq., has devoted many
hours to assisting me in compiling much of the material appearing in
these pages and putting that material into an understandable form.
Lynn Della, who has worked with me for years on many of the
books noted above, continues to provide me with priceless aid and
Preface ix
assistance with my writing activities. Her knowledge of the field of
collecting, along with her communication skills, make her a rare find.
Gregory Roer, a Seattle, Washington CPA, has been kind enough
to review the tax issues discussed in this volume. As pointed out in this
book, it is important to always obtain the best, and that is what I did
when I requested input from Greg. He is a brilliant accountant, and his
help with the accounting material that appears in this volume is greatly
appreciated.
I would also like to thank Bert Krages, Esq., the attorney/literary
agent who was able to place this book with a wonderful publisher. As
an author of books for publishers and writers, I feel qualified to identify
Bert as a truly exceptional literary agent who does a first-rate job for his
author clients.
I would also like to thank my children, Colleen Rose DuBoff,
Robert Courtney DuBoff and Sabrina Ashley DuBoff, and my grand-
son, Brian Michael Haak, for their understanding and cooperation.
There were many days when I remained closeted in my study working
on this volume instead of spending time with them.
Finally, I would like to express my sincerest appreciation to Mary
Ann Crawford DuBoff, my partner in law and in life. Mary Ann is also
an active participant in the world of collecting. Through her buying
service, Globe Galleries, she has firsthand knowledge of the needs and
wants of collectors. She has provided me with more support, aid, assis-
tance and collegiality than any person has a right to expect. Her finger-
prints and golden touch are evident in virtually every part of this
volume. One could not ask for a better collaborator in life’s activities.
Leonard D. DuBoff
Portland, Oregon
2003