Ivory keys on pianos?

First of all - the following statements do not replace legal advice and do not claim to be correct or complete, any liability is excluded. In specific cases, please contact the respective office responsible for you or a legal advisor of your choice. The following statements are only intended to sensitize you to the relevance of this topic in connection with used pianos. Details can be found here on the pages of the German Federal Agency for Nature Conservation (BfN) and here on the pages of the EU Commission.

What has changed?

The EU has with effect from 19.01.2022 the trade with ivory and ivory products and also objects in which processed ivory is present (so also piano key coverings) basically suspended and only with strict rules in certain exceptional cases allowed. The purpose is to prohibit the trade with ivory and/or to make it unprofitable. In principle, this also affects all pianos whose white keys are covered with ivory. Before 19.01.2022 the trade was already restricted, so that a CITES document from the BfN was required for each border crossing into or out of the EU. Pianos with ivory on the keys built after 1975 may not be traded at all. By the way, already before 19.01.2022 the intra-European trade of musical instruments with ivory was only allowed without a certificate, if the ivory demonstrably came from the time before 1947 and this was not changed after 1947. A subsequent certificate cannot be applied for. EC certificates issued before Jan. 19, 2022, will no longer be valid on Jan. 19, 2023. With the tightening from 19.01.2022 must now be obtained for EVERY purchase / sale even within the EU and also within each country an exemption from the relevant competent authority. Without such a certificate, the trade is punishable!

Can I sell a piano with ivory keys on Ebay?

No. Not for a long time. Our most recent inquiry with Ebay Classifieds (January 2023) again revealed, "Our policy under prohibited products states: Trade in ivory and all ivory products, and regardless of the origin of the ivory or ivory product including prehistoric ivory. This ban has been in effect for over 10 years on eBay Classifieds. Therefore, pianos that have a marketing certificate are not allowed to be offered on our site." So that means pianos with ivory key rubbers are not allowed to be offered on Ebay at all anymore - no matter if with or without a certificate. This is mostly true for other portals as well. Nevertheless, every day a lot of new advertisements can be found, which act against this prohibition. After the tightening of the EU rules, the controls are now also increasing, so that it can be assumed that this criminal act will be sanctioned more frequently in the future.

Does this apply to any piano with ivory?

Yes. Pianos with ivory built after 1975 may not be traded at all. Pianos built before 1975 can be offered with a marketing certificate. And - this tightening of the law does not only affect commercial trade, but every purchase and sale, i.e. every change of ownership of a piano that has ivory on the keys. Of course, this also applies to individual keys or entire keyboards if they are offered for sale individually. Pianos from the time before 1947 are considered antiques and also now generally require such a permit. A permit is only granted if the piano is not used exclusively as an exhibition object - i.e. it is or can be used as a musical instrument.

Image: FASZINATIONPIANOLA

Is this the responsibility of the buyer or seller?

In principle, every seller is obliged to have a corresponding permit before offering such an instrument. However, all buyers are also obliged to check whether the seller has such a certificate for the instrument before buying it. If not, the purchase without a certificate is also punishable. If pianos with ivory keyboards are part of a trade, certificates are always required.

Am I still allowed to own a piano with ivory key rubbers?

If the instrument is and remains in the same private ownership, there is no need for an EU certificate - this also includes inheritance and relocation, where a piano is part of the private possessions. However, if several instruments are privately owned, the question is whether this still falls under 'normal belongings', and whether here really non-commercial interests clearly prevail. Matter of interpretation! In case of doubt, it is certainly better to clarify the case with the local authorities. If an EU certificate for the instrument can be obtained, it might be useful to have it issued here as a precautionary measure in order to be prepared for future eventualities.

Is it possible to give away a piano with ivory?

By 'trade' is meant, of course, any exchange of property with consideration (money or exchange in kind) - thus also all purchases and sales between private individuals. However, in the definition of the relevant regulation, 'trade' also includes: Import, export, re-export, use, transport or transfer - which covers pretty much everything, possibly also the gratuitous transfer, i.e. donation, which is not commonly understood as trade. Possibly a gift from private to private is still possible - but without guarantee. A donation from private to commercial or the other way round, on the other hand, is probably not permitted in a strict interpretation of this regulation without prior certification, since commercial interests are involved here. Any commercial work on an affected piano by a third party, i.e. repair, transport, storage, etc. without an existing EU certificate represents at least a legal gray area. "Sale" is equated in the definition of the corresponding regulation with: any form of sale, rental, exchange or barter - and: related expressions are interpreted accordingly. Based on these definitions, it becomes clear how broadly the regulations can be interpreted. It is advisable to clarify the specific case with the relevant authority in good time beforehand. Even museums and collections are subject to these strict regulations, and should clarify the respective situation with the responsible office.

Remove key coatings?

It seems to be actually allowed and possible without a certificate to buy or sell a piano without the keys or without the ivory key covers, as long as this circumstance is correctly regulated in the contract and also realistically recognizable in the price. However, most pianos without keys will lose their value almost completely, as there are significant costs associated with the new production in the four-digit range. It is possible to remove the existing ivory and sell the piano with keys, but without ivory key rubbers. However, this should be done by a specialist company, as the risk of damaging the keys is high. Quite apart from the removal of the covering, which does not seem to make much sense, the legal regulations regarding the handling and possible disposal of ivory must also be observed. It is therefore better to first obtain a certificate and then keep the instrument with the original linings.

Validity of the permit?

If a marketing permit has been issued and remains with the instrument, resale can also take place with this document - the certificates can be issued without a period of validity. Only if changes are made to the ivory, a new permit must be obtained.

How much ivory is in the piano?

The vast majority of pianos from before 1947 have ivory as the key covering for the white keys. However, some also have a covering made of bone or plastic (see also our article 'How is the piano keyboard preserved?') - this is not always easy to distinguish. At that time, the key coverings were glued to the wooden key with bone glue, usually divided into front / back and front pieces - recognizable by the dust deposits on the cut edges. Sometimes the small front pieces are not made of ivory, but of a plastic. Depending on the size of the key, the number of keys, the type of covering and the thickness of the ivory covering, this involves approx. 50 keys with approx. 4-6g of covering each, i.e. a total of approx. 200g - 300g.

Image: FASZINATIONPIANOLA

Where can I get such a permit?

The certificates can be obtained from the relevant state authorities, usually the relevant district office. The costs for such an application vary depending on the federal state. For the application, detailed information about the instrument is required in order to prove the type, year of manufacture, condition and especially details about the existing ivory. Some piano manufacturers still in existence today issue so-called manufacturer's certificates upon request. In the absence of original manufacturer's documentation for the old pianos, this requires expert knowledge and access to specialist documentation.

What about advertisements from private?

The new law applies to every purchase and sale, i.e. also to every advertisement on classified ad marketplaces in newspapers or on the Internet - whether private or commercial. Therefore, even the major portals prohibit advertisements on the Internet with the mention of the 'ivory' key coating. The omission of this term usually makes it possible to place the ad - but in our opinion, the advertiser is still acting illegally. So be careful.

Does this make sense for old pianos?

The question actually no longer arises, since it is now the law. The tightening of the rules became necessary because all previous measures have not slowed down the illegal ivory trade - on the contrary, it has reached a record level. According to the German Federal Agency for Nature Conservation (BfN), it is estimated that between 20,000 and 30,000 African elephants are poached each year. Elephant populations are also threatened by increasing involvement of global criminal trade networks. In the course of formulating the rules, experts and representatives of associations - also from the musical instrument and antique industry - were involved by the EU, so that the strict exemptions for musical instruments became possible. It is right to do everything possible to prevent the illegal trade in ivory. Even though presumably none of it ends up on piano keys today - and even old ivory coverings on piano keys no longer save the lives of any elephants - the goal is to stop the trade in ivory and ivory products completely and thus end this cruel business.

Does this also apply to disposal?

Even before, it was wrong to simply dispose of pianos, as they are then usually simply burned completely and produce harmful slag - see also our article 'How do I dispose of my piano?'. In our view, the new law allows the piano to be handed over to a disposal company, provided that there is no payment for the piano in the sense of a trade. In any case, it is better to have the piano properly recycled, so that any ivory is also documented to be preserved for the repair of other old pianos, if that is possible.

Why actually ivory?

For many people who deal with old pianos, ivory key rubbers are quite normal - even a welcome detail in terms of authenticity, value retention and restorability. The history of ivory processing in piano making could fill an article of its own, so here are just a few notes on historical classification. Early on, bone and ivory were used as a beautiful and, above all, very durable material for keyboard coverings in instrument making.

During the heyday of piano making 1850-1920, huge amounts of ivory were needed. By the beginning of the 20th century, there was already a lot of reporting in the trade media about the lack of ivory supplies because the extinction of elephants made the raw material so scarce and expensive. Despite this, 70,000 - 100,000 elephants were still being killed each year, primarily in Africa, for ivory. In the decades before, it may have been considerably more. Carving crafts, billiard balls and piano key covers were the main products. In 1913, 75% of the approximately 140,000 pianos produced in Germany alone were still fitted with ivory key rubbers; in 1929, 35% of the only approximately 65,000 pianos produced in Germany were still fitted with ivory key rubbers. Ethical concerns hardly played a role in this development - the decline in the use of ivory was caused exclusively by economic factors and soon also by regulatory restrictions.

The first substitute products with artful names such as 'Elfenit' could not compete with the durability and feel of ivory, despite advertising to the contrary. Until the beginning of the 1980s, pianos with ivory as a key covering were still occasionally offered from so-called remnants of the piano manufacturers. Today, ivory no longer plays a role as a key covering in new piano construction, since substitute products made of plastic have equivalent or superior optical and haptic properties - and, above all, are considerably less expensive.

Picture: 'Der Pianofortebau - Theorie und Praxis des Baues der Flügel und Pianinos' (1909, Blüthner and Gretschel)

Support is welcome!

We invest a lot of time and money to provide you with 'worth knowing' and above all valuable information in our 'fundus'.

We are thankful for any appreciative support. Voluntarily, of course.