The Law (in Plain English) for Collectors: A Guide for Lovers of Art and Antiques

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Simon and Schuster, Nov 20, 2018 - Antiques & Collectibles - 240 pages
“Savvy art collectors who want to protect themselves and their investments would be wise to read The Law (in Plain English)® for Collectors. The book provides valuable guidance that collectors of all levels can rely on.” —Dale Chihuly

In The Law (in Plain English)® for Collectors, Leonard DuBoff and Sarah Tugman provide helpful advice on all things legal when it comes to art, antiques, and other collectibles. Whether readers are into coins or Queen Anne furniture, paintings or vintage books, this guide contains useful and practical information readers need to know to protect and enjoy their collections. Among other important concerns, readers will learn how to:
  • Navigate purchases and customs
  • Select insurance plans
  • Properly file taxes
  • Loan out pieces to galleries, museums, and shows
  • Bestow work to future generations
For private collectors, gallerists, artists, and others interested in art dealings, The Law (in Plain English)® for Collectors is an indispensable reference.
 

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One of the most important participants in the art world and art business is the “collector,” and this legal guide will assist collectors in navigating the many legal issues associated with the acquisition, ownership, sale, or disposition of art, and the tax and trust and estates consequences of these aspects of art collecting. I am a law professor who teaches and publishes on the legal topics and issues that are collected under the title of “Art Law,” and I can attest that "The Law in Plain English© for Collectors" is a tremendously useful resource for art collectors at every level of the market. The authors, Leonard DuBoff and Sarah Tugman, are experienced attorneys who anticipate that many collectors may not know all of the areas of law that can present problems in their collecting and art-related activities, and they have drafted chapters on how the law works in these areas. The book starts with preliminary considerations of the decision to collect, and moves through topics such as due diligence before and during the process of acquisition of art, particularly regarding the import or export of older artworks and antiquities of a different national or cultural origin. The book discusses the task and processes of authentication from the collector’s perspective, and delves into topics regarding ownership, such as inventory, storage, insurance, theft, conservation, and restoration. The book discusses art as an investment, from the general financial aspects to tax and trusts and estates considerations, and even examines questions concerning collectors’ rights regarding the display and duplication of their collections versus other people’s rights in the areas of copyright, moral rights, and right of publicity. In short, it is a comprehensive examination of legal topics for the collector. This book will help the collector avoid the danger of not knowing when legal issues and potential problems even exist. Collectors at all levels of the art world and art trade, beginning or established, will want to read this book so they will be better able to navigate through legal issues now and in the future.
-Professor Michael D. Murray, University of Kentucky College of Law
 

Contents

Preface
Helpful Precautions
Auction Tactics
Stolen Goods
Authenticating the Work
Certification Marks
Protection from Theft
Investment Considerations and Sources of Information
General Concepts of Artists Rights
Charitable Contributions
Functional Works Such As Crafts Toys and Other Collectibles
The Collectors Estate
Professional Estate Planning
Using a Lawyer
Selected Laws Governing Artists and Dealers
Other Resources

Signs of Deterioration
Work for Hire
About the Authors

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About the author (2018)

Leonard D. DuBoff is the founder of the DuBoff Law Group, PC. He graduated magna cum laude from Hofstra University with a degree in engineering and summa cum laude from Brooklyn Law School, where he was the research editor of the Brooklyn Law Review. He was a professor of law for almost a quarter of a century, teaching first at Stanford Law School and then at Lewis & Clark Law School in Portland, Oregon. He lives in Portland, Oregon.

Sarah J. Tugman graduated from Mount Holyoke College in South Hadley, Massachusetts, and magna cum laude from Lewis & Clark Law School in Portland, Oregon. She has maintained a private civil practice for the past thirty-three years in Anchorage, Alaska, and she is of counsel to the DuBoff Law Group. She is the coauthor, with Leonard D. DuBoff, of several books in the Law (in Plain English)® series. She lives in Lincoln City, Oregon.

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