Checklist: 5 Legal Steps Before Exhibiting Your Art Abroad
- Guna Freivalde
- 2 days ago
- 6 min read
Sending your work to an exhibition abroad is exciting—but it’s also a legal and logistical minefield. Between export rules, loan contracts, customs paperwork, and insurance, one missing document can delay a shipment or even put you in breach of the law.
This checklist walks you through five essential legal steps to take before you ship artworks for an international exhibition. It is written for artists, galleries, collectors and small institutions who lend or exhibit works across borders, with particular attention to EU and international rules.
Confirm who owns what – and who holds the rights
Before anything travels, you need clarity on ownership and copyright:
Identify the legal owner of each artwork. Is it you as the artist, a gallery, a collector, an estate, or a company? For jointly owned works or co-creations, make sure all co-owners agree to the loan.
Check existing contracts. Review any gallery representation agreements, consignment terms, commission contracts or previous loan agreements. These may already regulate where and how the work can be exhibited and who can authorize loans and reproduction.
Clarify copyright and reproduction rights. In many countries (under the Berne Convention), the artist keeps copyright even after selling the physical artwork. That means the exhibition organizer usually needs a license if they want to:
Reproduce the work in catalogues or on posters
Use images on social media, websites or press materials
Authorize third parties (press, sponsors) to use images
Respect moral rights. In most civil law jurisdictions, the artist keeps non-waivable moral rights (right of attribution and integrity). That can affect how works are displayed, altered, or contextualized.
Make a simple rights table: for each artwork list the owner, copyright holder, and any contractual restrictions or required permissions.
Put a proper exhibition / loan agreement in place
A written exhibition or loan agreement is essential. Museums and universities use detailed loan contracts to spell out who is responsible for what, including condition, transport, insurance and risk allocation.
At minimum, your agreement should cover:
Parties and roles
Who is the lender (artist, collector, gallery)?
Who is the borrower (museum, fair, gallery, institution)?
Are there any intermediaries (shipping agents, insurers)?
Description of the works
Artist, title, year, medium, dimensions
Unique identifiers (inventory numbers)
Agreed insurance or “agreed value” per piece
Loan period and territory
Exact dates of loan and exhibition
Where the works will be (gallery space, storage, touring locations)
Transport, packing and condition reports
Who organizes and pays for transport and packing
Pre- and post-shipment condition reports
Requirements for climate, lighting, security and handling
Insurance and risk allocation
Who provides insurance (borrower or lender)?
Type of cover (ideally “nail-to-nail” or “wall-to-wall” — from collection, through transit, during exhibition, until safe return)
What is covered and excluded (war, terrorism, wear and tear, fraud, unexplained loss, etc.)?
Fees, commissions and reproduction licenses
Any loan fees or honoraria
Commission terms if works can be sold during the exhibition
License for using images in catalogues, online promotion, and press
Governing law and dispute resolution
Which law applies (e.g. law of the borrower’s country, lender’s country, or neutral law)?
Where disputes will be resolved (courts, arbitration, mediation).
Never ship works without a signed agreement. For repeated collaboration with the same partner, use a standard template that can be adapted per exhibition.
Check export, import and cultural property rules
Moving art across borders is not just a private matter—in certain cases it also touches customs law and cultural heritage protection.
a) Export controls and cultural heritage status
Many countries classify certain objects as protected cultural property and require export licenses, even for temporary exhibition loans. This is influenced by:
National heritage laws (e.g. restrictions on exporting listed cultural property)
The UNESCO 1970 Convention, which asks States to control the illicit import, export and transfer of ownership of cultural property and to set up export certificates and sanctions.
If a work is part of national heritage, archaeological material, or an older cultural object above certain value thresholds, an export permit may be required even for a short-term loan.
b) Importing into the EU – Regulation (EU) 2019/880
If works are being imported into the European Union from outside the EU, new rules now apply. Regulation (EU) 2019/880 sets conditions for introducing cultural goods into the EU and aims to stop illicit trade and the financing of terrorism. EUR-Lex+2esu.ulg.ac.be+2
Key points:
The Regulation distinguishes categories of cultural goods and requires:
An import license for some high-risk objects
An importer’s statement (self-certification) for others
Importers must prove that the goods were legally exported from their country of origin (e.g. export license, customs documents, invoices, affidavits).
From 28 June 2025, an EU-wide electronic system (ICG) is operational to manage import licenses and statements, with all cultural goods subject to customs control when entering the EU.
Exemptions may apply for certain temporary imports for exhibitions, research or digitization, but documents are still needed to show legal export and intended use. Taxation and Customs Union+1
c) Customs classification and temporary admission
Even where no special cultural-goods license is required, the shipment still needs:
Correct customs classification for artworks
Appropriate regime (e.g. temporary import / temporary admission)
Accurate values on customs declarations
Using a specialist art shipper or customs broker is usually worth the cost.
Check with a lawyer or export authority whether you need export or import licenses for the type of work and countries involved.
Keep a documentation file: invoices, export licenses, prior ownership history, photos, and condition reports.
Arrange adequate fine art insurance
If something goes wrong—breakage, theft, water damage, transit accident—insurance is often the only thing standing between you and catastrophic loss.
a) Type of policy
Most professional exhibitions rely on:
“Nail-to-nail” or “wall-to-wall” fine art insurance. Cover runs from the moment the work is taken down at the lender’s premises, throughout packing, transit, installation, exhibition, de-installation and return.
Policies may be written for:
A single exhibition
A touring exhibition
A permanent collection with extensions for loans
b) Key clauses to look for
Valuation / agreed value clause – how the value will be determined in case of loss (market value, agreed insured value, recent appraisal).
Exclusions – for wear and tear, gradual deterioration, inherent vice, terrorism/war, mysterious disappearance, fraud.
Subrogation and recourse – whether the insurer can claim against carriers or other parties.
Loss payee clause – especially important when lenders and borrowers are different parties. Owners/lenders are often named as loss payees in policies.
Therefore:
Decide who will insure (lender or borrower) and confirm this in the loan agreement.
Ensure the policy is suitable for high-value, unique art, not a generic commercial policy.
Keep copies of policies, certificates of insurance and any special conditions.
Plan for sales, tax and disputes in advance
Even if the primary aim is “just an exhibition”, opportunities to sell may arise—and problems too. Plan ahead:
a) Sales and commissions
If works can be sold during or after the exhibition:
Define commission rates and who is entitled (gallery, organizer, curator).
Clarify who issues invoices and in what jurisdiction.
Address shipping and risk if the buyer is abroad.
In the EU and some other jurisdictions, consider artist’s resale right (droit de suite), where applicable, which entitles artists or their heirs to a royalty on qualifying resales.
b) Taxes and duties
Consider:
Import VAT or customs duties if works are imported for sale, not just temporary exhibition.
Income tax in the country where sales occur and in your home country (double taxation treaties may apply).
Whether you or your gallery need to register for VAT in another country depending on the volume and nature of sales.
Always coordinate with a tax adviser familiar with cross-border art transactions.
c) Dispute resolution and enforcement
Things to coordinate in advance, within your contracts:
What happens if the work is returned late, damaged, or not at all?
What if the exhibition is cancelled after shipment?
Which court or arbitrator has jurisdiction?
Which law applies (e.g. law of the lender’s country, borrower’s country, or neutral law)?
Specialized art dispute forums and arbitration may provide faster, confidential solutions in case of conflict.
Treat even “friendly” collaboration as a proper cross-border deal.
In major loans or valuable pieces, build in a clear risk-management plan and exit options.
Quick Recap: 5-Step Legal Checklist Before Exhibiting Abroad
Ownership & rights: Confirm who owns the work, who holds copyright, and what existing contracts say.
Loan agreement: Sign a written exhibition/loan contract covering works, period, transport, insurance, fees and dispute resolution.
Export/import rules: Check if export licenses, import licenses or importer statements are required; comply with UNESCO 1970 and (for the EU) Regulation (EU) 2019/880 where relevant.
Insurance: Arrange specialized fine art insurance, ideally “nail-to-nail”, and understand valuation and exclusions.
Sales, tax & disputes: Pre-agree commissions, tax handling, and how disputes and damage will be dealt with.
Contact Us to book a confidential consultation today to ensure your next exhibition is legally protected from start to finish.
This article is general information, not legal advice. Always check the specific laws of the countries where the artwork is leaving from and entering, and consult a lawyer for your particular situation.
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