In the age of economic globalisation, do art and heritage matter? Once the domain of elitist practitioners and scholars, the governance of cultural heritage and the destiny of iconic artefacts have emerged as the new frontier of international law, making headlines and attracting the varied interests of academics and policy-makers, museum curators and collectors, human rights activists and investment lawyers and artists and economists, just to mention a few. The return of cultural artefacts to their legitimate owners, the recovery of underwater cultural heritage and the protection and promotion of artistic expressions are just some of the pressing issues addressed by this book. Contemporary intersections between art, cultural heritage and the market are complicated by a variety of ethical and legal issues, which often describe complex global relations. Should works of art be treated differently from other goods? What happens if a work of art, currently exhibited in a museum, turns out to have originally been looted? What is the relevant legal framework? What should be done with ancient shipwrecks filled with objects from former colonies? Should such objects be kept by the finders? Should they be returned to the country of origin? This book addresses these different questions while highlighting the complex interplay between legal and ethical issues in the context of cultural governance. The approach is mainly legal but interdisciplinary aspects are considered as well.

The essays in this book arise from a course of lectures and seminars given at the Catholic University of Louvain by a group of leading Belgian and Dutch art law experts. Ranging widely across a diverse terrain, these essays provide a unique resource and perspective on problems old and new confronting those interested in the relationship between art and law. Unusually for a work of legal scholarship the book is attractively illustrated, thus lending greater force to essays which are both analytical and exploratory. The topics covered extend from preservation of archaeological heritage across droit de suite, artistic freedom, erotic art, art in time of war, the moral rights of artists and much more, to provide a uniquely provoking and subtle investigation of this area of law. The book is a co-publication with the Belgian publishers Die Keure and Mercatorfonds.

Duboff's Art Law in a Nutshell overviews art as an investment, from copyrights to trademarks, and examines issues involving museums and collecting. Subjects covered include the customs definition, international art movement, and the victim of war. Explores auctions; authentication; insurance; and tax problems for collectors, dealers, and artists. Also addresses the working artist, aid to the arts, moral and economic rights, and freedom of expression.

Over 20 years have passed since the General Conference of UNESCO called on the nations of the world to adopt more effective legal initiatives for promoting all forms of exchange of cultural objects, including loans and exhibitions. This unique new work examines how those nations have responded to the challenge and provides a detailed analysis of the legal and practical mechanics of art lending. Drawing on four years' research and an unrivaled knowledge of the common law of personal property, the author explores the pitfalls which lurk within every art loan, charts the modern trend towards achieving uniformity, and assesses the place of the modern art loan as a medium of cultural exchange. Art Loans covers both domestic and international art lending and fully treats international touring exhibitions. The author's inquiry extends along three main dimensions: a theoretical survey of the legal doctrines which bear upon art loans in chosen jurisdictions a commentary on the commonly-used, standard forms of lending and borrowing agreements, with regard to the underlying doctrine an analysis of the attitudes of museum officials and others to the operation of law and practice in the field. Its thorough coverage in this under-examined area makes Art Loans an essential point of reference for museums, private collectors, companies involved in art lending either primarily or incidentally, and their counsel.

The idea of cultural heritage as an 'international public good' can be traced back to the Preamble of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which "damage to cultural property belonging to any people whatsoever meansdamage to the cultural heritage of all mankind". How this idea of cultural heritage as a global public good can be reconciled with the effective enforcement of protection norms is the subject of this study.Bringing together world experts in protecting cultural heritage, Enforcing International Cultural Heritage Law examines the different ways that cultural heritage property can be protected, including protection at the international level, enforcement in domestic courts, and the role of alternativedispute resolution mechanisms. The book is divided into three sections. The first section assesses international law and analyses the interaction between international and domestic norms of public and private law. It discusses the different methods of international enforcement, the role ofinternational and mixed criminal tribunals and courts, and the means for protecting cultural heritage in times of armed conflict.The second section addresses the role of national courts, discussing such topics as: barriers to domestic enforcement of international norms, the refusal to enforce foreign law, the difficulty of territorial boundaries in relation to underwater heritage, and the application of criminal sanctions bydomestic courts. The final section of the book surveys alternatives to the legal enforcement of the norms protecting cultural heritage, including arbitration, soft law, and diplomacy.

The authenticity of visual art has always commanded the attention of experts, dealers, collectors, and the art-minded public. Is it "real" or "original" is a way of asking what am I buying? What do I own? What am I looking at? And today more sophisticated questions are being asked: How isauthenticity determined and what weight does this determination have in court? This book of essays proposes to answer those questions.Three lines of inquiry are basic to determining authenticity: a connoisseur's evaluation, historical documentation or provenance, and scientific testing. A connoisseur is an expert who evaluates the "rightness" of a work based on much careful scrutiny of many works by an artist and familiarity withthat artist's usual manner of working with materials. In determining provenance, a researcher traces the physical object from the artist through a chain of ownership to the present owner--simple enough in concept, though it assumes that the documentation is not faked or inaccurate. The goal is toensure that the object is the same one that left the artist's hand. Scientific testing, although sometimes useful, is often longer on promise than result. Dating paint or wood samples, for instance, can show that a painting was made in Rembrandt's lifetime, but it cannot prove that it is byRembrandt's hand. If expert opinion is divided, and large sums of money are involved, a dispute over authenticity may end up in a court of law, where evaluation of expert opinion evidence can be problematic.The essays in this book clarify the nature of the methods outlined above and explain, based on case law, the present status of authentication issues in court. Contributors include experts from Christie's, London; Sotheby's, New York; and the former director of the Frick Collection; as well asleading art historians and art dealers; an art conservator; a forensic graphologist; a philanthropist and collector; and a specialist in French art law. Their collective knowledge on issues of authenticity will be invaluable for anyone interested in the world of visual art.

The issue of returning art and cultural property removed from explored or conquered lands by Americans and Europeans is an unresolved problem. This book is about the return, or not, of works of art and antiquity taken during the Age of Imperialism and now held in museums and private collections. Arguments put forth by the states seeking return or restitution for lost art treasures and meaningful cultural icons are pitted against conservator interests who maintain that these art treasures and cultural artefacts belong to all humanity and should be preserved in museums. In this volume, scholars and authorities on art, cultural property law and museum collections offer contrasting views on topics such as the Elgin Marbles, the return of the Nefertiti Bust and the problems and progress of the Native American Graves Protection and Repatriation Act (NAGPRA).

This book offers a comprehensive analysis of the legal issues around intangible cultural heritage (also known as traditional cultural expressions or folklore). It explores both institutional and substantive responses the law offers to the safeguarding of intangible heritage, relying heavily oncritiques internal and external to the law. These external critiques primarily come from the disciplines of anthropology and heritage studies.Intangible cultural heritage is safeguarded on three different levels: international, regional, and national. At the international level, the foremost instrument is the specific UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003). At the regional level, initiatives areundertaken both in schemes of political and economic integration, a common thread being that intangible cultural heritage helps promote a common identity for the region, becoming thus a desirable aspect of the integration process. Domestically, responses range from strong constitutional forms ofprotection to rather weak policy initiatives aimed primarily at attracting foreign aid.Intangible heritage can also be safeguarded via substantive law, and, in this respect, the book looks at the potential and pitfalls of human rights law, intellectual property tools, and contractual approaches. It investigates how the law works and ought to work towards protecting communities,defined as those from where intangible cultural heritage stems, and to whom benefits of its exploitation must return. The book takes the critiques from anthropological and heritage studies into account in order to posit a re-shaped law, offering tools that can be valuable to both scholars andpractitioners when understanding how to safeguard intangible heritage.

This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as internationalcultural policy-making. In addition to analysing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed.Following this approach, attention is paid to: introducing international cultural heritage law and its place in international law generally; illicit excavation and the illegal trade in archaeological finds; protection of underwater cultural heritage; the relationship between cultural heritage andthe environment; intangible aspects of heritage and their safeguarding; cultural heritage as traditional knowledge and creativity; regional approaches to protection; and human rights issues related to cultural heritage. In addition, newly-emerging topics and challenges are addressed, including therelationship between cultural heritage and sustainable development and the gender dynamics of cultural heritage.Providing both a perfect introduction to cultural heritage law and deeper reflection on its challenges, this book should be invaluable for students, scholars, and practitioners in the field.

Since its first edition in 1979, Law, Ethics and the Visual Arts established itself as the leading art law text among law professors, students, and practitioners. This new and newly illustrated, fifth edition, revised in collaboration with Stephen K. Urice, incorporates recent changes in treaty, statutory, and case law. It includes discussion of recent developments from the resurgence of iconoclasm to military conflicts' depredations on cultural property. As in earlier editions, the authors present legal issues in their historical contexts. The broad range of topics addressed in the 5th edition, makes the text especially adaptable for use in multiple classroom settings. These topics include: U.S. museums' return of works of art and antiquities to claimants such as Holocaust survivors and foreign nations Artist's rights such as copyright and moral rights International movement of art and antiquities Fakes and forgeries in the art market The inner workings of art auctions Plundering and destruction of works of art in times of war and military conflict Censorship of obscene or politically challenging works of art And many more In this edition, documents previously presented in a separate documentary appendix have been integrated into the text to provide immediate access to important treaties and other materials. Whether you need to understand something as provocative as who owns the past, or something as mundane as whether a museum can sell a work of art to fix the roof, Law, Ethics and the Visual Arts provides the information you need. It combines unassailable scholarship with a deeply humanistic approach, recognizing that law and art each andquot;impose a measure of order on the disorder of experience without stifling the underlying diversity, spontaneity, and disarrayandquot; (Paul Freund).

Written especially for professional artists and those studying the visual arts, Law for Artists is an accessible guide to those aspects of law that impact on artists and their work. It encompasses a comprehensive range of creative practices including fine art, photography, the graphic and plastic arts, animation, illustration, applied and media arts, as well as fashion, textile and product design. As one of the few academics working in this field Blu Tirohl clearly explains the legal principles - such as intellectual property, censorship, freedom of expression and criminal law - that are relevant to artists working in a range of disciplines. In order to illustrate these key concepts the book includes an engaging collection of examples of artists who have come into conflict with the law, demonstrating precisely the challenges faced by creative practitioners. The author also explores how the establishment co-opts transgressive artists; bringing about a range of contradictions that create legal inconsistencies. While the focus is primarily on UK law, the reader is also given ample information to understand how European law affects them. An entire chapter is also dedicated to the comparative study of US Law through well-known cases, ensuring students have a well-rounded knowledge of the concepts that they need to consider in a professional context. The book also provides additional resources including a list of useful websites, a glossary of key terms, as well as a list of statutes and cases. Law for Artists is an invaluable resource to professional practitioners and art graduates, as well as the academics who instruct them. This insightful publication, the first of its kind, helps introduce artists to the professional practice skills needed to ensure they are well-equipped to deal with working life.

This timely book demonstrates how full account can be taken of the structure and method of private international law in its expanding relationship with cultural heritage law, identifying opportunities for keeping pace with the underpinning value judgments. Through a global lens, Roodt explores how value-rationality and mutuality can defeat the dogmatic underpinnings of conflicts and jurisdiction rules that frustrate the achievement of global solidarity in public policy decisions and the treatment of foreign public law. The satisfactory settlement of claims based on ownership and the restitution of art and cultural objects requires improvements in the approaches and methods of dispute resolution that prevail today. The author reveals hidden dimensions of private international law, which can help re-script these approaches and methods to better tailor them to the illicit trade in cultural objects, title laundering, the suppression of policy considerations and ethical concerns that support the restitution of Nazi spoliated art.International officials and policymakers will find this a unique and ethically comprehensive resource, addressing matters that impact the artistic, cultural and historical record and the safeguarding of cultural and heritage objects within the contemporary art market. Adjudicators, law enforcement officials and legal scholars will appreciate its fresh and inclusive treatment of issues including restitution, material heritage and provenance.

Also available as an ebook: https://www-elgaronline-com.proxy.library.nd.edu/monobook/9781781002155.xml

The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of The Hague Academy of International Law. This volume contains: - Restitution of Works of Art pursuant to Private and Public International Law by W.W. Kowalski, Professor at the University of Silesia, - Cent ans de r glement pacifique des diff rends inter tatiques par L. Caflisch, juge la Cour europ enne des droits de l'homme, Strasbourg. To access the abstract texts for this volume please click here

Featuring international contributions from leading and emerging scholars, this innovative Research Handbook presents a panoramic view of how law sees visual art, and how visual art sees law. It resists the conventional approach to art and law as inherently dissonant - one a discipline preoccupied with rationality, certainty and objectivity; the other a creative enterprise ensconced in the imaginary and inviting multiple, unique and subjective interpretations. Blending these two distinct disciplines, this unique Research Handbook bridges the gap between art and law.This highly original Research Handbook provides stimulating and provocative discussions that bring together multiple perspectives on how art and law relate to each other in all of their various manifestations, across diverse legal regimes, fields, contexts, and times. With the objective of starting an interdisciplinary dialogue on visual art and the law, this Research Handbook reflects the varied voices of lawyers, artists, criminologists and curators, and engages with broad notions of the two fields, exploring established themes alongside new areas and unfamiliar questions. Wide-ranging and accessible, the Research Handbook on Art and Law will be of interest to law students and scholars engaged with the fields of law and the visual arts, as well as copyright lawyers, art historians and socio-legal scholars.

The past forty years have seen a wide proliferation of an extensive range of disputes under international law concerning cultural heritage. These disputes can concern a disparate variety of issues. A substantial number of have concerned the restitution of stolen and illegally exported artobjects. Another set of controversies has involved the protection of immovable cultural heritage. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiationor, if this fails, through existing dispute resolution means, which include arbitration and litigation before domestic courts or international tribunals. This ad hoc fashion of dealing with disputes is not without consequences. The most serious problem is that the same or similar cases may besettled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law.This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. It addresses the means the potential fragmentation can be resolved by providing a two-fold analysis. First, it provides a detailed analysis of the existing legal framework and the availablemeans of judicial and non-judicial dispute settlement. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first potential solution is the establishment of a new international court. The second concerns existing judicial and extra-judicial foraand means of increasing interaction between them by the practice of "cross-fertilization". The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters which need to apply (the "common rules of adjudication"). Ultimately the book argues thatexisting judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication, to enhance the effectiveness and coherence of their decision-making processes. Finally, it sets out how such an approach would beconducive to the development of a wider body of international cultural heritage law.

The new edition of this insightful work begins with a critical reexamination of the rival Greek and British claims to the Elgin Marbles. That case study identifies the questions that continue to dominate the growing international debate about cultural property policy and which are subsequently explored in a newly-expanded array of essays: Why are people concerned about cultural property Is cultural nationalism a sound organizing principle for dealing with cultural property questions? Or is it a relic of 19th century romanticism, kept alive by the power of Byron's poetry? How can one rationalize cultural nationalism with the idea that works of art and antiquities are the cultural heritage of all mankind? What are alternative ways of thinking about cultural property policy and law? The work goes on to pay particular attention to the law and policy relating to cultural property export controls and the evolution and development of the 1995 UNIDROIT Convention on the Return of Stolen and Illegally Exported Cultural Property. The second part of this highly-regarded book addresses a number of contemporary art law issues in essays on counterfeit art, the moral rights of artists, the artist's resale right (droit de suite), the litigation over the Mark Rothko estate, and problems of museum trustee negligence, conflict of interests, and misuse of inside information. The author, John Henry Merryman, is an Emeritus and Affiliated Professor in the Department of Art at Stanford Law School. He is a widely respected authority in the fields of international cultural property and art law.