[4] Following World War II, there was a notable cultural boom, shifting the focal point of the art market from Europe to the United States.
Some of the leading art attorneys who have made a deep mark on the field include Judith Bresler,[5] Norman Palmer,[6] and John Henry Merryman.
[7] See the 1992 and 2013 reports from the Copyright Office that address the subject of resale royalties in general and make reference to private agreements: https://www.copyright.gov/docs/resaleroyalty/usco-resaleroyalty.pdf (see page 70).
Commercial art law encompasses a specialized area of legal practice tailored to the unique needs of artists and collectors in the realm of business and creative assets.
Artists and collectors often require tailored legal support in managing their estates, which may comprise valuable works of art.
Furthermore, commercial art law addresses the intricate aspects of copyright, treating it as a distinct property interest that can be conveyed independently from the artwork itself, ensuring that the creative and financial rights of artists and collectors are safeguarded.
This legal domain plays a crucial role in preserving and protecting the interests of those engaged in the art world, bridging the gap between artistic expression and commerce.
Additionally, the visa applicant must be entering the United States to engage in work or performances related to their exceptional talents.
For instance, an artist or collector may designate an art executor in their Last Will and Testament, with a specific focus on overseeing the portion of their estate comprising artworks.
See for example, the UNESCO, Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, No.
[10] This legal discipline serves as a vital bridge between artistic expression and the complex, multifaceted world of international art trade and preservation.
The first is the subject being independent of its national ties and attracting significance and meaning from the historical or archaeological interest that is generated by human culture.
[13] The second inextricably ties cultural objects to their national heritage which in turn legitimises efforts for their re-patriation (see Elgin marbles, Gweagal shield, Easter island).