Art & Cultural Property

Regulating property with cultural significance, Art & Cultural Property Law is a blend of various laws and regulations guarding a multi-faceted industry that addresses the rights of a very wide range of individuals, be it artists, art collectors, auctioneers, museums and owners of art work, financiers or insurers.

Due to its widespread coverage of industries, art & cultural property inevitably touches upon various legislations, including intellectual property laws, insurance law, corporate law, tax law and trusts and estate planning laws.

Recent case law from Maltese and European Courts have increased the awareness of the degree of protection that the local and international frameworks for Intellectual Property gives to artistic, musical, film and literary works, as well as the creation of symbols, designs and phrases, inventions and processes. Besides dealing with very important elements of Intellectual Property Law, the Art & Cultural property practice also deals with estate planning and succession matters and contractual aspects of transactions for this particular and discerning client base.

Our Art & Cultural Property Law Practice

Beyond the sentimental value of art work, there are a number of legal issues pertaining to the Art & Cultural Property Law industry, with individuals and legal entities being required to comply with the applicable local, EU or international legislation on tangible or intangible cultural property.

Zealous and creative about cultural property and the arts, the main aim behind this specialised practice is to provide the creative market with practical advice in ‘a one-stop-shop’ fusion of services. Our knowledge goes beyond traditional intellectual property law aspects to cover other aspects of law that relate to this area, from the drafting and negotiation of agreements to planning of estates and wills, dealing with counterfeit goods, litigation and the resolution of disputes. This inevitably means that Chetcuti Cauchi’s experts from other practise groups are brought together to form this unique blend of lawyers and industry specialists that can service the client from a holistic point of view.

Our services include:

• acquisitions, disposals and loans of art and artefacts
• agency and partnership agreements
• charities and foundations
• contract drafting and negotiation
• copyright, moral rights and related rights
• dispute resolution especially in cases of defective titles & provenance
• import/export or art and artefacts
• intellectual property planning
• insurance planning
• provenance, title and ownership issues
• tax planning and wills
• trusts and estate planning

Our Art & Cultural Property Lawyers

Chetcuti Cauchi’s Art & Cultural Property Law team assists collectors, designers, artists, auction houses, museums, investors, fund managers, insurers, art historians, and owners of tangible and intangible art & cultural property.

Individuals, private and public bodies turn to Chetcuti Cauchi for advice on tax and funding, commercial arrangements, protection and promotion of intellectual property rights, provenance and clearing of title as well as for employment issues and property matters. Our lawyers seek to alleviate the obligations and responsibilities associated with this area into a lifetime passion where art and cultural property are financially planned and protected.