Publications

How Wu-Tang Clan's Secret Album Just Revolutionized Art Law

How Wu-Tang Clan's Secret Album Just Revolutionized Art Law

Not just another intellectual property case. For the first time, a U.S. court has recognized that a creative work, when it’s worth depends on secrecy rather than mass distribution, can be protected as a trade secret. The implications for the art world are staggering. A precedent-setting decision by a New York federal court ruled that Wu-Tang Clan's single-copy album, Once Upon a Time in Shaolin, could qualify as a trade secret under the Defend Trade Secrets Act (DTSA). Traditional Copyright Law isn’t enough for today’s art market.

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Avoiding (or at Least Deferring) Taxes on the Sale or Gifting of Art
Art Sales, Art Collections, Artwork, Tax Planning Matthew Erskine Art Sales, Art Collections, Artwork, Tax Planning Matthew Erskine

Avoiding (or at Least Deferring) Taxes on the Sale or Gifting of Art

If your client is an artist, collector, or inheritor of art, when it comes time to plan to sell or gift the art, sale at auction could result in half of the hammer price going to taxes and fees. Consider using the charitable status of organizations like the Center for Art Law or Charitable Trusts to help defer or avoid the tax.

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Whither Donations Of Art To Museums In 2021?
Art, Art Collections, Artwork Matthew Erskine Art, Art Collections, Artwork Matthew Erskine

Whither Donations Of Art To Museums In 2021?

What is the future of art collections and museum donations for 2021 and beyond?

Will museums with limited capacities be willing and able to accept specific artwork or even entire collections, now owned by artists and collectors who are in their 80’s and 90’s?

“What is required is planning for a current and ongoing collaboration between artists and collectors on one hand,and museums on the other for the creation and access to a virtual as well as physical collections.”

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