The online secondary market: resource or parasite?

Art Business News, March, 2005 by Joshua Kaufman

Violating print disclosure laws not only opens up a dealer for civil action, but it is also a criminal violation in many states across the United States.

Additionally, depending on the state in which the dealer is located, and the state to which the dealer is selling, there may be other consumer protection, fraud and unfair trade practices that the online secondary art dealer described above might also be violating.

A word to the wise: If you are a secondary market dealer, do your homework--dot your i's and cross your t's. Make sure that your Web site does not violate any of the artist's or publisher's rights as set out above or you may find yourself the recipient of a federal lawsuit and criminal charges.

For reprints of this article, contact Charles Lang at 216-750-0374 or e-mail clang@pfpublish.com.

Joshua Kaufman is a partner in the law firm of Venable LLP. While he is based in Washington, DC, his practice is national in scope. He is one of the country's foremost attorneys in the field of art and licensing law. He has published more than 200 articles on various topics in the field. He also is an adjunct professor of law at American University Law School. A large number of his articles can be read and downloaded from his Web site at, www.jjkaufman.com.