WILIŃSKI LEGAL
A work of art has artistic value, but it is also an object of ownership, transactions, contracts and copyright. In the art market, these legal dimensions frequently overlap.
We advise artists, collectors, owners of artworks, galleries and other participants in the art market.
We advise on creators' rights, permitted uses of works, licences, transfers of rights and copyright infringements.
We assist with sale, consignment, deposit, loan, exhibition and other agreements concerning artworks.
We support clients in matters involving ownership, provenance, liability of sellers and intermediaries, and conflicts connected with art transactions.
We adapt the advisory model to the client's role in the market: protecting an artist's interests is different from protecting those of a collector, gallery or investor.
A well-structured art transaction should distinguish clearly between ownership of the physical object, copyright, permitted uses and the allocation of contractual risk. In practice, the agreement should identify who holds title to the work, what rights the buyer actually acquires and on what terms the work may be displayed, reproduced, licensed or resold.
An art transaction may involve several legally separate issues at the same time: ownership of the physical object, copyright, provenance, authenticity documentation, export restrictions, contractual warranties and possible third-party claims. Acquiring an artwork does not automatically transfer copyright, and possession alone does not resolve every question concerning title or lawful circulation.
Before a transaction, legal review can help identify gaps in documentation, allocation of risk between the parties, licence terms, resale or image-use restrictions and potential regulatory requirements. In disputes, the relevant evidence may include contracts, invoices, certificates, correspondence, catalogue records and expert material. WILIŃSKI LEGAL advises collectors, artists, galleries and other market participants on these issues under Polish law and, where appropriate, in cross-border matters.