Practice Areas
Art Market Law
A practice group dedicated to art law, at the intersection of law and culture
Art market law is a demanding field that combines intellectual property, civil liability, insurance law, and consumer law. At BTK Suchet Avocats, this practice group is led by Marine Ranouil, an associate professor at the Sorbonne Law School (Paris 1 Panthéon-Sorbonne), who holds a Ph.D. in law and is the author of numerous seminal publications in the field.
Marine Ranouil serves as of counsel at the firm. She combines in-depth academic expertise with practical litigation experience, providing our clients with guidance that is both rigorous and grounded in market realities.
Our Practice in Art Market Law
We handle disputes relating to auctions and private transactions, the liability of auctioneers, appraisers, and voluntary sale operators, intellectual property issues as they apply to works of art (copyright, resale right, moral rights), art insurance, corporate art leasing with an option to purchase, and disputes regarding the authenticity and attribution of works (catalogs raisonnés).
Frequently Asked Questions : Art Market Law
The auctioneer and the expert who described and appraised a lot are bound by a duty of care in verifying authenticity. In the event of an error, the buyer or seller may hold them civilly liable. Case law distinguishes between errors involving a definite attribution and those based on a mere presumption (use of the conditional tense, such as “attributed to”).
The resale right (Article L. 122-8 of the Intellectual Property Code) allows the author of a graphic or visual art work to receive a percentage of the resale price of their work when the transaction involves a professional in the art market. This right is inalienable and is passed on to the artist’s heirs for seventy years after the artist’s death.
Insurance for private art collections is governed by specific policies, distinct from standard comprehensive home insurance policies. It is recommended to purchase a dedicated “all-risk” policy that covers theft, damage, transportation, and loans to exhibitions. Regularly updated appraisals of the works are essential for adequate coverage.