What is ‘due diligence’ in the context of art law?

Due diligence in the context of art law is the research done before acquiring a piece of art. The research can include verifying the artwork’s provenance (e.g. the art’s previous owners or the artwork’s history), authenticating the artwork, and checking for any legal issues. In Oregon, due diligence is essential in order to ensure that the artwork is authentic and that all legal requirements are met prior to purchase. Doing due diligence helps to protect buyers from purchasing artwork that may have legal problems such as stolen art, copyright issues, forgeries, and false attributions. Additionally, due diligence also helps to protect buyers from unknowingly buying fraudulent artwork. The best way to conduct due diligence for a piece of artwork is to research the artist and its history, ensuring that the artwork has its correct legal title and the proper legal documents in place. If the artwork is from an estate, it is important to seek out the proper appraisals and records. It is also important to consider the condition of the artwork and to check for any potential liens or ownership disputes which could cause problems. Lastly, seeking out professional advice from an art expert or lawyer can help confirm the authenticity and legality of the piece. Doing due diligence is an important step in the art law process and in Oregon, it is essential in order to ensure the artwork’s protection and to help protect buyers from becoming victims of fraud.

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What is ‘due diligence’ in the context of art law?

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