Art Law

Jonathan S. Berck has extensive experience counseling domestic and international clients on the full range of legal issues that arise concerning works of art, the art market and the art world. Jon represents artists, individual and institutional collectors, galleries, designers, dealers and museums, both domestically and internationally. He also frequently serves as escrow agent for transactions.

Jon represents clients in the art finance sector, by advising on secured transactions where art is used as collateral for loans, the securitization of art loans, and the establishment of art funds as investment vehicles.

He has dealt with a wide variety of objects including, among others, painting or sculptures by Warhol, Koons, Giacometti, Leonardo da Vinci, Lichtenstein, Monet, Picasso, Pollock, Rodin, de Kooning, Rothko, Hockey, Gauguin, Rembrandt and Basquiat, as well as photographs, rare stones and jewelry.

Among the issues Jon deals with in the art arena:

  • Copyright and trademarks
  • Security interests in works of art
  • Appraisals
  • Art dealers’ duties and rights
  • Authentication committees and catalogues raisonneĢs
  • Authenticity disputes
  • Consignment agreements
  • Donor restrictions on use or display of donated works
  • Droit moral and the Visual Artists Rights Act
  • New York Arts and Cultural Affairs Law
  • Gifts, acquisitions, dispositions and loans
  • Internet sites
  • Loans of artwork to museums and exhibition agreements
  • New media agreements
  • Private dealer sales