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Art and law: artworks, collections, museums

Key legal themes in the art market and how CMS can help clients navigate them

The global art market operates at the intersection of culture, wealth, and international law. Whether you are an artist, collector, gallery, auction house, museum, or foundation, the legal landscape is demanding – and increasingly global. This page sets out the key legal themes and how we can help.

  

A market under increasing legal scrutiny

Global art sales reached an estimated USD 57.5 billion in 2024 (Art Basel & UBS Global Art Market Report 2025). The market is deeply international – the United States, the United Kingdom, and China together account for the majority of sales by value – yet there is no unified international regulatory framework. Transactions can span multiple legal systems simultaneously, each with different rules on tax, export, intellectual property, and anti-money laundering compliance.

Regulators worldwide are stepping up. The EU's 2024 Anti-Money Laundering Regulation (AMLR) extended formal AML obligations to galleries, dealers, and auction houses for the first time. The Financial Action Task Force (FATF) published a landmark report in 2023 highlighting systemic vulnerabilities in the art market – from inadequate due diligence to the money laundering risks associated with NFTs. Cross-border restitution claims, shifting trade policy, and unresolved questions around AI-generated art and digital assets are reshaping the legal environment in real time.

Navigating this complexity requires more than a single discipline. It requires legal teams who understand how intellectual property, tax, customs, public law, and dispute resolution interact across jurisdictions – and who can deploy that knowledge on behalf of every type of actor in the art world.

Our cross-disciplinary approach

CMS supports a diverse international clientele across the art sector – including private collectors, galleries, auction houses, and cultural institutions – via its specialised Art Group, a dedicated pillar within the broader Private Client practice. This brings together lawyers from across the firm's practice areas under a single coordinated team, ensuring that advice on an art-related matter draws on the right expertise at every stage, without the client having to manage multiple advisers separately.

In practice, this integration matters. A collector planning to donate a work to a public institution needs tax advice, an understanding of export controls, and a grasp of the institution's governance and public procurement obligations – simultaneously. An artist establishing a foundation needs IP protection, succession planning, and a compliance framework for patronage activity. A gallery facing a provenance dispute may require civil litigation, criminal law expertise, and engagement with public authorities in multiple countries, all in parallel.

Our team brings together this depth of expertise, combined with an international network spanning more than 40 countries. We are as at home advising on a major restitution claim involving several European states as we are structuring a private collection for the next generation. Our approach is practical, joined-up, and tailored to the specific dynamics of the art world.

Key legal themes

Anti-Money Laundering and Financial Crime Compliance

The FATF's 2023 report identified the art market as disproportionately vulnerable to financial crime. The EU's AMLR now mandates client due diligence, beneficial ownership verification, and suspicious activity reporting across EU member states. In the United Kingdom, BAMF guidance (revised February 2025) sets out equivalent obligations. We advise art market participants on AML/CTF compliance programmes, transaction due diligence, and – where matters proceed to investigation or prosecution – criminal defence.

Intellectual Property and Digital Art

Copyright, moral rights, artist's resale rights, and image rights are territorial, complex, and commercially critical. The rise of AI-generated art and NFTs has added new layers of uncertainty. We advise on the full lifecycle of IP in the art world: contracts, licensing, registration, enforcement, and litigation – including cross-border disputes and the specific challenges posed by digital works.

Restitution, Provenance, and Cultural Heritage

The 1970 UNESCO Convention and the 1995 UNIDROIT Convention provide the international framework; national laws, bilateral agreements, and ethical codes layer on top. Restitution claims – whether Holocaust-era or colonial – now routinely involve private parties, states, and institutions simultaneously. We advise clients on provenance research, compliance with cultural property legislation, and representation in complex multi-jurisdictional disputes.

Tax, Succession, and Wealth Structuring

Art is simultaneously a cultural asset and an investment vehicle. Cross-border tax treatment on acquisition, disposal, donation, and inheritance varies enormously – and the risks of double taxation or unexpected exposure are real. We structure collections for private clients and family offices, advise on the establishment of foundations and endowment funds, and represent clients in tax disputes. We also advise on in-kind tax payment mechanisms (dation en paiement) and their cross-border implications.

Customs, Import VAT, and Cross-Border Movements

International movements of artworks require careful navigation of export licensing, temporary admission regimes, import VAT, and free port rules – all of which differ significantly between the EU, the UK, Switzerland, the US, and Hong Kong. We advise on the full range of customs and indirect tax issues, both in planning and in the context of inspections or disputes.

Dispute Resolution

We represent clients before civil, commercial, and criminal courts and in international arbitration. Art-related disputes – authenticity, provenance, restitution, contractual enforcement, expert liability – are often technically complex and emotionally charged. Our teams combine legal rigour with a deep understanding of the art market's specific dynamics.

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Insights on Art and law: artworks, collections, museums

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