Artists, Galleries and the Market: Historical Economic and Legal Aspects of Artist-Dealer Relationships
Jeffrey S. Moorad Sports Law Journal
Artists, Galleries and the Market: Historical Economic and Legal Aspects of Artist-Dealer Relationships
Mark A. Reutter 0 1
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1 Mark A. Reutter, Artists, Galleries and the Market: Historical Economic and Legal Aspects of Artist-Dealer Relationships , 8 Jeffrey S. Moorad Sports L.J. 99 (2001). Available at:
Part of the Entertainment; Arts; and Sports Law Commons
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Article
MARK A. REUTTER**
I. INTRODUCTION
Visual art is not only cultural property, but it is also the
merchandise of the art market. The art market has grown to such an
importance that increasingly it influences artistic behavior and
judgments about art by virtue of its inherent forces. Thus, it is not
surprising that art is no longer the research field of the art
historians and critics only. Art trade has also become a subject of market
reports, economic analysis and legal considerations. Cultural
Economics and Art Law have joined Art History. The interdependence
of these fields was the guideline for the following Article about
various aspects of the primary art market and the artist-dealer
relationship. Aspects of the development of the art trade through dealers
in an historical point of view, the economic situation of the artist
vis-a-vis to his dealer in the modern art market, and legal
particularities of the artist-dealer relationship are considered.
II.
THE VISUAL ARTIST AND THE ART TRADE
HISTORICAL OUTLINES
For the visual artist, meaning and importance of the art trade
changed throughout history, as the arts, society and the artist's role
in society developed. Presently, the importance and economic
necessity of the art trade for an artist is closely related to his or her
recognized position as a free and creative artist. This position is
mostly taken for granted today. Such was not the case during
ear* This Article has been edited to the fullest extent possible by the staff of the
Villanova Sports & EntertainmentLaw JournaL The author's use of sources written in
foreign languages, however, prevented the staff from being able to confirm much
of the information relied on by the author. All foreign sources are on file with the
author.
** Attorney, Walder, Wyss & Partners, Zfirich, Switzerland. University of
Zfirich, Switzerland, Dr. iur; Harvard Law School, L.L.M. This Article is dedicated to
Franz Larese and Jfirg Janett, the founders of the Erker Gallery in St. Gallen,
Switzerland.
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lier times. The artist's role and position in society and his or her
reputation as creator had to develop as much as the art trade had to
evolve over the course of the centuries. The history of the art trade
is also the story of the artists' emancipation.
A. Antiques
Certainly, there has been trade in art ever since art existed.
Good examples are given by ancient cultures that were particularly
rich in art. A considerable part of the Phoenicians' trade was their
trade in art. Ancient Rome imported large amounts of Greek art.
In Imperial Rome auction sales were held, and it is well known in
which quarters art dealers carried on their trade.1
During these times, however, the focus was on the trade in art
works, and the artist behind the works was secondary. Only few
references of the Antiques report about the artists themselves, their
way of producing and their living. Even the names of most antique
artists are not known.2 Such anonymity of the visual artists
themselves can be explained by their inferior social position at those
early times. This anonymity is in contrast to the high reputation
enjoyed by writers and poets in the Antiques. A visual artist was
viewed as a simple workman. Seneca expressed exemplary the
prevailing disparaging opinion about visual artists. 3 He stated in his
letters that he never would consider painters and sculptors as
liberal artists. He instead compared them to athletes and other
"servants of luxury." Seneca reasoned that only together with cooks,
barbers, perfumers and other entertainers, could painters and
sculptors belong to the liberal arts.
Another important feature of these times was the lack of any
importance of authorship. This again distinguished the visual artist
from the writer or the performing artist. Visual art was not
appreciated for being an expression of original authorship. Authenticity
was of no importance. A good copy of a work of art had the same
value as the original. In Rome, art was created by artist-slaves and
by few free artists. Both the artist-slaves and the free artists were
forced to work under the guidance of other people, mostly in the
service of the emperors and the nobles. The person of the artist
had to sta (...truncated)