What is an ‘intervention’?

In Nebraska, an ‘intervention’ in regards to art law refers to certain actions that a third party can take in order to protect a work of art from deterioration, destruction, or theft. As a general rule, a person can only intervene to protect an artwork if they own it, have a legal interest in it, or if they were given permission to do so by a rightful owner. The third party may intervene immediately upon learning of the potential harm or damage to the artwork, and without waiting for the consent of the owner. Examples of common art-law interventions are relocating a sculpture from a storm-prone area, preserving a painting that is deteriorating due to exposure to environmental elements, or storing a valuable artwork in a secure, climate-controlled facility. In Nebraska, an intervention must be necessary for the preservation of the artwork and be conducted in good faith. This means that the third party intervening must have good intentions, like wanting to preserve a valuable artwork, and must not be seeking to benefit in any way from the intervention. Additionally, any way in which the artwork is changed during the intervention must be reversible, so the artwork can be returned to its original state.

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