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Legal Considerations for Collectors in 2020
Speaker(s): Katherine Wilson-Milne, Steven R. Schindler

Legal Considerations for Collectors in 2020

2020 has brought sudden and severe changes to all facets of life and the art world is no exception.

Talk Details

The landscape of buying and selling, as well as owning art, has shifted and collectors have new legal needs and concerns. In this presentation, reputable art lawyers, Katie and Steve, will talk about some of these concerns related to buying, selling and financing art in a remote environment and consigning art to financially leveraged dealers.

Katie and Steve invited all members to submit relevant questions in advance. All submissions were much appreciated, but due to time constraints, only a handful will be addressed here in detail.


Speaker Details

Steven R. Schindler

Steve Schindler is a founding partner of Schindler Cohen & Hochman LLP, a litigation and art law boutique located at 100 Wall Street in New York City. Steve heads SCH’s Art Law Group. This practice area, which has grown steadily over the past decade, combines SCH’s formidable litigation expertise with a deep knowledge of the art market and its specific legal issues. Steve regularly advises art galleries, other art related businesses, collectors, artists, and not-for-profit corporation in the art space on transactional matters, such as the sale and acquisition of art and their relationships with dealers, banks and auction houses, and has litigated cases involving the authenticity, title, provenance and appraisals of art. As a trusted advisor, Steve also provides outside general counsel services to art clients.

Steve is on the faculty of NYU’s Steinhardt School where he teaches art law. Steve is also Chair of the Art Law Committee of the New York City Bar Association and is President of the Board of Artists Space, whose mission is to encourage diversity and experimentation in the arts and to provide an exhibition space for new art and artists. Steve often speaks on legal and industry sponsored panels relating to current topics in art law, and is the author of articles on art law including, The “Red Flags” Standard: Rationalizing ACA Galleries, Inc. v. Kinney, International Foundation for Art Research Journal, Vol. 16, No. 4, 2016, Buyer Beware: Is There A Duty To Authenticate Art?, International Foundation For Art Research Journal, Vol. 15 Nos. 3 & 4, 2014; Role of Judges in Authenticating Art in United States and Europe, New York Law Journal, Sept. 15, 2014; Questioning ‘Cariou’ Rationale On Transformative Fair Use, New York Law Journal, Nov. 19, 2014. Steve is also the co-host of The Art Law Podcast,

Katherine Wilson-Milne

Katie Wilson-Milne is a litigator and art lawyer practicing at Schindler, Cohen & Hochman LLP. Katie advises clients in the art, cultural and creative communities, including art galleries, other art businesses, collectors, artists, and not-for-profit organizations in the art space on transactional matters related to the purchase, sale, lending and financing of art, as well as gallery, auction house, and museum relationships. She also represents art clients in disputes involving representation, collaborations, contracts, copyright, authenticity, title, provenance and appraisals. As part of her practice, Katie provides general counsel services and provides a wide range of governance advice to art clients.

Katie also teaches and speaks regularly on art law topics, and is personally involved in the art world through service on nonprofit boards and art affinity groups. She is the Secretary of the Art Law Committee of the New York City Bar Association. She also co-hosts the Art Law Podcast with Steven Schindler.

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2 Comments on "Legal Considerations for Collectors in 2020"

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Rob Johnson
Rob Johnson
1 year 2 months ago

Thank you for your informative presentation. When buying a work during a show, dealers/sellers want immediate payment, but do not want you to remove the work until the show is over. Without any written contract except a bill of sale, do the dealer/seller have this right? If so, what protections does the buyer have before picking up the work?
1 year 1 month ago
Hi Rob – This is an excellent question and one that more buyers should be asking. Our answer would be a bit long and, of course, we would encourage you to seek direct legal advice for specific situations. As you know, dealers are reluctant to release works that are part of an exhibition before that exhibit is over. Whether you can insist that they do so, really depends on the relative bargaining power of each of the participants. The more costly the work, the more leverage a buyer may have — and, we would argue, the greater the urgency of… Read more »