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Hidden Dangers in the Sale of Artworks

  • Advisory Notes

By Jim Russell of Gauley & Company, for CARFAC SASK © 1994. There are several legal matters that arise during the course of the sale of artworks that can cause the artist consternation and regret unless they are carefully attended to. One is the protection of intellectual property rights so that the artist can enjoy remuneration from any further exploitation of his/her artwork. The other is the continuing legal responsibility imposed by law upon the artist to anyone who happens to purchase the artwork.

There are three areas of law addressed in this paper that need to be kept in mind when art is sold:

  1. The law of contract.
  2. Statutory sale of goods law.
  3. Consumer protection legislation.

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Hidden Dangers in the Sale of Artworks

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