Dan Weiner Discusses Art Loans to Galleries with Observer
Explains how collectors can protect artwork loaned to commercial galleries.
Highlights
Weiner explains how gallery loan agreements can address the risk of a borrowed artwork being sold.
He discusses contractual protections covering the loss of loaned artwork under a range of circumstances.
He highlights the legal complications that can arise if a gallery intentionally or accidentally sells a work it does not own.
Dan Weiner spoke with Observer about the legal considerations collectors should weigh before lending artwork to museums or commercial galleries, including the contractual protections available if a borrowed work is improperly sold.
The article explains that while museums generally borrow works for exhibitions, commercial galleries may borrow artwork for solo or thematic shows. Because galleries are also in the business of selling art, loan agreements can expressly establish that a work is not being consigned or offered for sale.
Weiner discussed how agreements can protect collectors if a gallery nevertheless sells a borrowed work, telling Observer that the form “typically includes language that addresses loss of the loaned object under any circumstances, which would cover situations where the gallery intentionally or accidentally sold the object.”
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