Last updated: 18.05.2026
Art Market in Poland – Legal Frameworks and Key Risks
The art market and the art industry are concepts as fluid as art itself. Under these phrases one should understand not only purely authorial and transactional issues, but also everything that has as its subject art, cultural goods, national heritage and cultural heritage in a broad sense. Indeed, it will also apply to commercial, tax and criminal issues in the broadest sense, but not only.
The very conceptual structure means that the art industry is regulated by many independent pieces of legislation, creating legal chaos and complex legal frameworks. Thus, servicing the Polish art market requires not only the utmost professionalism and extensive legal knowledge, but also an expert knowledge of the processes that make up each of the elements that build this complex structure.
The highly qualified team of Dudkowiak Putyra Law Firm provides comprehensive assistance and advice in all aspects related to art: commercial, contractual, regulatory and litigation. For many years we have been analysing the impact of complex and heterogeneous regulations on the art market. We provide high quality legal services, each time tailored to the individual needs of the Client, at every stage of the activities. Our lawyers and legal advisors also advise artists, galleries, auction houses, collectors, museums and other entities operating in the field of culture.
Legal Regulations and Art Law in Poland
The above-described interrelationships have led English-language literature to refer to art market regulation as “Art Law”- law for and about art, reflecting its conceptual distinctiveness. Despite this separation, it is not possible to indicate one single legal act embodying the meaning of the English-language term in the Polish legal system. This means that the analysis of issues related to art will require the application of many different legal acts – often seemingly unrelated to art, such as, inter alia, the following:
- Act of 23 April 1964 Civil Code;
- The Act of 6 June 1997 – Penal Code;
- The Act of 4 February 1994 on Copyright and Related Rights;
- The Act of 23 July 2003 on protection and care over historical monuments.
Furthermore, it is reasonable to signal that in some cases the legal basis should also be sought in the EU and international law:
- Agreement on Trade-Related Aspects of Intellectual Property Rights. Marrakesh.1994.04.15.;
- Paris Act of the Berne Convention for the Protection of Literary and Artistic Works. Paris.1971.07.24;
- World Intellectual Property Organization treaty on copyright. Geneva.1996.12.20;
- Berne Convention for the Protection of Literary and Artistic Works. Berne.1886.09.09, Berlin.1908.11.13, Rome.1928.06.02.
Art Trade and Legal Advice for the Polish Art Market
Art trade and art market consultancy does not only require legal knowledge. First of all, a thorough analysis of the market and the artwork itself from many aspects is necessary. On the one hand, there may be the purely artistic aspect, but in view of the functions of the art market – the commercial and investment aspect is equally important.
In this respect, the law firm cooperates with qualified experts, renowned art galleries and auction houses – whose expert opinions make it possible to reliably determine the value of a given work of art. The law firm also stays au fait with the latest trends (from art in the classical sense to the most modern form of NFT) – allowing for appropriate risk analysis, reliable legal advice, and comprehensive management of the commercial process – from the pricing of the work to the signing of the final contract and transport.
Art Transaction Planning
The first step should be careful transaction planning. It goes without saying that the action plan will vary considerably, depending on the individual needs of the Client. At this stage of the transaction, the three most important modes should be distinguished:
- Concerning the creation of the work – in this case, we assume that the Client contacts us prior to concluding a contract for the work, either as an artist who is to create a specific work of art or as the ultimate recipient of the work in question, wishing to commission the work,
- Concerning the purchase/sale of the work,
- Concerning any other use of the work without the transfer of ownership-such as the rental of the work,
In order to adequately plan the transaction and its various stages, our Law Firm carries out a thorough analysis of the Client’s needs and expectations, presenting a personalised offer and ensuring regulatory compliance.
Valuation, Authenticity Verification and Title Due Diligence
In the field of valuation and authenticity verification, our Law Firm cooperates with qualified experts, renowned art galleries and auction houses. In order to select the best offer, we prepare for our Clients a list of offers tailored to their needs, carefully selected and verified by our Team.
Due to the fact that works of art often represent not only artistic or monetary value but also historical value, some of them are qualified as antiques. In the context of verifying the encumbrance and title of such works of art, which are historic monuments, the so-called Registration Books are particularly important. 
The aforementioned books are records, kept by business entities specialising in trading in monuments on the territory of the Republic of Poland.
Register Books are helpful in identifying not only the value of the monument, but also the data of the seller and the buyer of the work, the person who issued the expertise, etc. These records are kept by entities specialising in trading in monuments in the Republic of Poland. In practice, such an entry allows the exact identification of the work. In a practical context, the obligation to keep the above-mentioned books is a step to ensure certainty in the circulation of works of art.
Art Auctions, Negotiations and Transaction Support
In order to conclude a contract, it is first necessary to carry out the transaction process. The basic ways of conducting a transaction are described in the Civil Code:
Offer
An offer is a statement containing the essentials negotii of a given contract, made to an interested counterparty. In the case of a sales contract, the offer should specify the following elements:
- The parties to the contract,
- The subject matter of the contract,
- Sale price.
In practice, the very provisions of the Civil Code allow for a great deal of freedom, if only in the manner of determining the price.
In this context, it is worth mentioning the conduct of negotiations. Negotiations are a stage which, in practice, often precedes the stage of concluding an agreement – as they make it possible to concretise the expectations of the parties to a potential agreement. Moreover, they require experience and relevant soft skills in order to secure the Client’s interests. Our Team possesses extensive knowledge, skills and experience necessary to conduct negotiations. We offer support at every stage of the negotiation, in the form of legal advice, conducting part of or all of the transaction process.
Auction
In practice, auctions are of particular importance in the case of auction houses – for their core business is to conduct auctions of works of art.
An auction consists of oral bids by participants – present at one place and time. Ultimately, the basis for the conclusion of the contract is the most advantageous bid, selected by means of a postponement – i.e. the submission of the more advantageous bid, and less advantageous bids cease to be binding.
However, it should be pointed out that in the era of modern technology, in particular the Internet, auctions have been considerably dematerialised. Many auctions are now conducted on websites – either by individuals or by professional entities such as auction houses. This process is greatly delayed compared to the classical understanding of auctions, which introduces many risks on the part of both the buyer and the seller.
Dudkowiak Putyra Law Firm cooperates with renowned auction houses, moreover, at the request of the Client it presents a list of bids in respect of conducting an auction of a specific work in order to provide the most comprehensive service.
Due to the multiplicity of ways of selecting an offer, the Law Firm makes recommendations upon the Client’s request after a thorough analysis of the individual situation.
Lease and Rental of Works of Art
In the context of the above mentioned agreements, it is worth mentioning that a sales contract is not the only type of contract that may be of interest to a Client. In special cases, it is worth considering the lease or rental of works of art – a type of contract particularly recommended to Clients who want to have access to works of art without using considerable financial resources at one time.
Drafting and Execution of Art Contracts
The drafting and execution of the contract is in fact the most crucial stage of the process described. Its content and form will vary depending on the Client’s requirements and needs. The Law Firm’s team has extensive knowledge in drafting contracts – allowing for the precise protection of the Client’s interests – both in terms of the execution of the contract and the potential litigation. In addition, the Law Firm supervises the execution of contracts concluded by Clients from a legal perspective.
Insurance of works of art
In the field of works of art insurance, our Law Firm cooperates with renowned insurance companies and compiles offers of other insurance market players tailored individually to the Client’s needs. In addition, the Law Firm’s team carries out a thorough analysis of the proposed contracts, presents the risks arising from them to the Clients and negotiates with the insurance companies in order to adapt the contract to the Client’s requirements.
Tax Issues in Art Transactions
Artworks can be subject to many different legal actions. They may be sold, leased, donated or bequeathed, etc. Each of the above is an event with a certain legal significance, which in practice will mean that, depending on the situation, the Client performing such an action will be obliged to pay the tax associated with it. Moreover, additional tax issues must be considered in the case of import and export, as works of art are subject to special taxation procedures with respect to the supply of works of art (e.g. import).
In this respect, the law firm provides tax advice and, moreover, in cooperation with the accounting firm DPG Tax, serves clients in a comprehensive manner – combining legal advice with tax advice and bookkeeping services.
Copyright Law and Artworks
The provision of Article 1(1) of the Act of 4 February 1994 on Copyright and Related Rights, introduces the definition of a work as any manifestation of creative activity of an individual character, established in any form, regardless of value, purpose and manner of expression (work).
Moreover, the Act indicates which works in particular will be subject to protection under the aforementioned Act, i.e. artistic works, photographic works, violin-making works, etc. It is important to note that the Act grants protection to a work from the “moment of determination”, which in practice means that copyright also applies to unfinished works.
In practice, this means that copyright can be the basis for receiving certain economic benefits by artists and creators, e.g. through the sale of copies of the work, printed copies, media playback.
Copyright contracts – copyright contracts concern the disposition of copyright in a work. In their context, a copyright transfer agreement is of particular importance. It applies only to economic copyrights. Contracts transferring copyrights must be drafted very precisely, as an indication is required:
- The subject matter of the contract,
- Fields of exploitation.
Copyright Contracts and Transfer of Rights
Unauthorised use of a work, breach of contract, failure to publish a work that is the subject of a sales contract, etc. may be subject to litigation. The Law Firm provides legal assistance to Clients at the pre-court stage by overseeing the performance of the contract and by attempting to resolve the dispute amicably through:
- Calls for payment,
- Summons to discontinue rights,
- Declarations of withdrawal from purchase, complaints, etc.
Art Litigation and Criminal Law Risks
Litigation in the context of the arts may relate to any of the topics described in this article. Their careful analysis makes it possible to identify many dangers and fields for possible infringements. Even with careful attention to the transactional process and the performance of the contract, it may be necessary to take part in litigation.
However, the broad concept of “Art Law” does not only apply to civil law – it should be noted that certain acts that may involve a work of art may also be covered by criminal law, such as theft or burglary:
- Theft or burglary;
- Misappropriation;
- Fraud;
- Destruction of property;
- Receiving stolen goods.
Dudkowiak Putyra Law Firm has many years of experience in representing clients in court proceedings. Our team is dedicated to serving clients at every stage of the proceedings, and our knowledge and skills are adapted to the specific requirements of the art market.
Civil Litigation and Arbitration in Art Disputes
Depending on the Client’s needs, civil litigation offers several ways to resolve a dispute arising under civil law. The procedural forms of proceedings are primarily before the ordinary court and before the arbitration court.
| Before a common court | Before an arbitral tribunal |
| Does not require contractual provisions. It is the standard way of resolving civil disputes. | It results from an arbitration clause – the parties indicate in the contract that disputes arising therefrom will be heard by an arbitral tribunal. In practice recommended for large companies wishing to avoid publicity |
| Common law courts- two-instance proceedings at the level of district, county and appellate courts. | Divided into permanent arbitration courts or ad hoc arbitration courts |
| Restricted by restrictive rules. Requires more adaptation from the litigants, however, the high formalism of the proceedings can be beneficial-especially when dealing with certain issues. | High degree of discretion: parties can shape the specifics of the proceedings in the arbitration clause. |
What Do Civil Court Proceedings Look Like?
Every proceeding is different – the rhythm of the proceedings is dictated by the specifics of the individual case and the Client’s requirements. Due to the fact that the concept of a civil case is a very broad one, it is difficult to generalise the above-mentioned issue in order to create a specific plan. In practice, however, four important phases can be distinguished:
- The pre-trial phase-it is so important that it prepares the ground for a civil trial. This is the moment when neither party has yet filed the initial letter initiating the proceedings – the statement of claim. It allows for the development of litigation tactics tailored to the needs of the Client and the appropriate collection of evidence necessary for the proper construction of the statement of claim.
Evidence in civil proceedings includes:
- documents:
- official documents– prepared in the prescribed form by public authorities and other state bodies within the scope of their activity, they constitute evidence of what has been officially certified in them,for example a notarial deed, postal proof of delivery of a parcel, a judgment/court ruling
- private documents – written or electronic evidence that the person who signed the document made the statement contained in the document.
- witness statements,
- expert opinions,
- other, in practice, the Client should provide all the information available to the attorney at this stage.
Due to the necessity to collect evidence and adequately prepare the letter, this is the phase when it is worth asking for the assistance of a professional attorney – due to the distribution of the burden of proof in civil proceedings, which rests on the plaintiff. Furthermore, it should be emphasised that in business-to-business proceedings, all evidence must be submitted in the first letter.
- Litigation before the court of the first instance – As a rule, it begins with the submission of a statement of claim, e.g. for payment, to the competent court of first instance. Depending on the type of case, the competent court will either be the District Court or the Regional Court. The procedural phase before the Court of First Instance ends with the issuance of the decision by the Court. Subsequently, a request for justification opens the possibility to lodge an appeal, which must be lodged within two weeks of the delivery of the judgment with justification to the party. The judgment is final if it is not appealed against within a reasonable time.
- Appeal – the litigation before the court of second instance ends with a final and binding judgment.
- Enforcement – in the case of a judgment that is an injunction, it starts with obtaining an enforcement clause on the final judgment. Thereafter, it is necessary to monitor the actions of the bailiff aiming to enforce the debt.
Legal Advisors to Art Market in Poland
The arts sector is a specific industry that requires specialised legal advice. The highly qualified team of Dudkowiak Putyra Law Firm provides comprehensive assistance and advice on all aspects related to the arts: commercial, contractual, regulatory and litigation. For many years we have been analysing the impact of complex and non-uniform regulations on the art market. We provide high quality legal services, each time tailored to the individual needs of the Client, at each stage of the activities.
