Art & Cultural Heritage Law : Books

The intellectual property protection afforded to works of art continues to receive increased attention from artists, museums, galleries, auction houses, publishers and their professional staff and legal advisors, as well as from those teaching or studying copyright and/or the law of cultural property. This was the first text to examine in detail the intellectual property rights protecting artistic works and artists' rights generally in the United Kingdom. First published in 2001, Art and Copyright has established itself as a leading text in the field. Now revised and updated, the second edition includes expanded coverage of Artist's Resale Right and the relationship between designs law and artistic works, as well as greater coverage of new media and art, and digital developments generally. It also includes additional precedent materials and checklists. It remains an invaluable work for all those involved in art law and for intellectual property lawyers involved with the exploitation and/or sale of artistic works, as well as for intellectual property academics, researchers, law students, curators, publishers, artists, gallery owners and all those interested in how the law protects artistic works.

Long considered the gold standard in legal and tax guidance for visual art professionals and their attorneys, Art Law is now even more valuable to anyone involved in this complex, interconnected industry.Teeming with new information and analysis and many new sample documents, the three-volume Third Edition of Art Law is the one resource you must consult to help ensure you formalize rock-solid agreements, maximize tax savings, and minimize legal liabilities.A uniquely practical guide to all legal and tax issues.Art Law Thirde Edition is stocked with timesaving forms, checklists, charts, and procedural guides.Distilling an immense body of law into three practical, transaction-enabling volumes, the new Third Edition of ART LAW is required reading for anyone who buys, sells, collects, appraises, authenticates, exhibits, restores, invests, or advises in the visual art world.

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.

This book provides practical guidance on the modern law relating to cultural objects which have been stolen, looted, or illegally exported. It explains how English criminal law principles, including money laundering measures, apply to those who deal in cultural objects in a domestic or international setting. It discusses the recovery of works of art and antiquities in the English courts where there are competing claims between private individuals, or between individuals and the UK government or a foreign State. Significantly, this book also provides an exposition of the law where a British law enforcement agency, or a foreign law enforcement agency or court, is involved in the course of criminal or civil proceedings in an English court. The growth of relevant international instruments, which include not only those devoted to the protection of mankind's cultural heritage, but also those concerned with money laundering and serious organized crime, provide a backdrop to this discussion. The UK's ratification of the UNESCO Convention on Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 in 2002 is considered. The problems posed in attempting to curb trafficking in art and antiquities are explored and the effectiveness of the current law is analyzed.

This book provides both a general introduction to UNESCO's 2003 Convention on the Safeguarding of the Intangible Cultural Heritage and its historical development, as well as a detailed article-by-article analysis of the Convention's provisions. The general introduction to the Convention sets out the historical background of normative and operational activities within UNESCO relating to safeguarding intangible cultural heritage, the relevant activities of other intergovernmental bodies especially the IP-related work of the World Intellectual Property Organization, the wider legal context within which the Convention has been developed and other general questions such as the treatment of indigenous heritage and traditional knowledge. The drafting history of the Convention is also presented, along with a brief overview of the instrument that includes discussion of its approach to safeguarding and the mechanisms it employs. This section also looks at the key notion of 'safeguarding' as opposed to the more traditional usage 'protection' and considers the significance of this choice of terminology. The article-by-article analysis covers also the drafting history of each article as well as a close comparison with the equivalent articles of UNESCO's 1972 Convention on the Protection of the World's Cultural and National Heritage that served as a model for the 2003 Convention noting, in particular, the significant departures of this more recent text to take account of the special needs of intangible cultural heritage. The centrality of the key notion of safeguarding and, where appropriate, questions relating to implementation and anticipated future developments in the law and practice related to this Convention are also considered.

This book - with commentaries from two of the leading experts in the law of cultural heritage - provides all the significant texts of international law on the protection of heritage and includes a short commentary on the evolution of each legal realm and on their relationship to one another. The instruments discussed include the most significant UNESCO Conventions, such as those of: 1970 on Illicit Trade * 2001 on Underwater Cultural Heritage * 2003 on Intangible Cultural Heritage * the Unidroit 1995 Convention * the Hague Convention 1954 and its two Protocols * the Convention for the Protection of the Architectural Heritage of Europe 1985 * the European Convention on the Protection of the Archaeological Heritage (Revised) 1992 * the European Landscape Convention 2000 * the Council of Europe Framework Convention on the Value of Cultural Heritage for Society 2005. The book also examines a wide range of recommendations and declarations from UNESCO, the Council of Europe, and the United Nations. Color illustrations throughout demonstrate the immense diversity of heritage that is legally protected today. This book is a fundamental working tool for all cultural professionals and academics, including anthropologists, archaeologists, architects, cultural administrators, legal advisers, museum staff, and site curators.

Cultural law is a new and exciting field of study and practice. The core themes of linguistic and other cultural rights, cultural heritage, traditional crafts and knowledge, the performing arts, sports, and religion are of fundamental importance to people around the world, engaging them at the grass roots and often commanding their daily attention. The related legal processes are both significant and complex. This unique collection of materials and commentary on cultural law covers a broad range of themes. Opening chapters explore critical issues involving cultural activities, artifacts, and status as well as the fundamental concepts of culture and law. Subsequent chapters examine the dynamic interplay of law and culture with respect to each of the core themes. The materials demonstrate the reality and efficacy of comparative, international, and indigenous law and legal practices in the dynamic context of culture-related issues. Throughout the book, these issues are presented at multiple levels of legal authority: international, national, and subnational.

This guide contains information on primary law, secondary resources and non-legal resources relating to cultural property. It includes listings of international conventions with annotations, and also contains information on non-governmental organizations concerned with cultural property and ethical codes that relate to the topic.--Publisher.

This book offers a refreshing view on cultural property law and the issue of the restitution of cultural property. The author combines an in depth analysis of the relevant international and European instruments with a clear vision of the purpose and goals of this area of law. This leads not only to a well-structured and complete overview of the area that is extremely legible, but also to a well balanced view on where policy in this area should lead us. Paul L.C. Torremans, University of Nottingham, UK. This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the authors extensive experience of international disputes, it provides a very comprehensive and useful commentary.
Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today. This book will be highly useful to academics, postgraduate students, practitioners and policy makers in the field of cultural heritage or cultural property law. It will also be of great interest to those researching in the areas of museum studies or cultural diplomacy.

The aim of this series is to publish significant and original research on and scholarly analysis of all aspects of cultural heritage law through the lens of international law, private international law, and comparative law. The series is wide in scope, traversing disciplines, regions, and viewpoints. Topics given particular prominence are those which, while of interest to academic lawyers, have significant bearing on policymaking and current public discourse on the interaction between art, heritage, & the law.

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 on critiques 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 threedifferent 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 are undertaken 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 of protection 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, andto 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 and practitioners when understanding how to safeguard intangible heritage.

Setting out the international law principles and rules derived from the various international conventions that address cultural heritage in its various manifestations, this book critically evaluates the extent to which these international laws provide an effective and coherent framework for the protection of cultural heritage.

"This book seeks to bring together Maltas' national legislation relevant to these matters together with the rich international texts in Treaties, Charters and Conventions. The aim is to provide the pabulum for further study and possible legislative elaboration. The book does not claim originality, it claims some usefulness, in the sense that as of now, students, scholars, conservation professionals, lawyers and politicians have a text books that they can refer to when confronted with the need to know the law concerning the protection of the Heritage. The author tried to make this manual as comprehensive and as intelligible as possible. Some comments might be seen to be too "legal" others too "political". It is however mainly a legal treatise."--BOOK JACKET.

Collection of original writings on legal aspects of cultural resources protection from practicing lawyers and judges. Visit our website for sample chapters!

For much of history, the rules of war decreed that "to the victor go the spoils." The winners in warfare routinely seized for themselves the artistic and cultural treasures of the defeated; plunder constituted a marker of triumph. By the twentieth century, international norms declared the opposite, that cultural monuments should be shielded from destruction or seizure. Prohibiting Plunder traces and explains the emergence of international rules against wartime looting of cultural treasures, and explores how anti-plunder norms have developed over the past 200 years. The book covers highly topical events including the looting of thousands of antiquities from the Iraqi National Museum in Baghdad, and the return of "Holocaust Art" by prominent museums, including the highly publicized return of five Klimt paintings from the Austrian Gallery to a Holocaust survivor. The historical narrative includes first-hand reports, official documents, and archival records. Equally important, the book uncovers the debates and negotiations that produced increasingly clear and well-defined anti-plunder norms. The historical accounts in Prohibiting Plunder serve as confirming examples of an important dynamic of international norm change. Rules evolve in cycles; in each cycle, specific actions trigger arguments about the meaning and application of rules, and those arguments in turn modify the rules. International norms evolve through a succession of such cycles, each one drawing on previous developments and each one reshaping the normative context for subsequent actions and disputes. Prohibiting Plunder shows how historical episodes interlinked to produce modern, treaty-based rules against wartime plunder of cultural treasures.

In 2009 it was ten years since the adoption of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of an Armed Conflict. To celebrate this anniversary, a variety of contributions, focussing on the legal and cultural aspects of the Protocol are presented by Van Woudenberg and Lijnzaad. The innovative aspects of the Second Protocol such as enhanced protection, criminal responsibility and jurisdiction, and the protection of cultural property in armed conflicts not of an international character are addressed. Some country-specific studies are included. It is hoped that this publication will inspire States to accede to the Protocol and that it will serve as a source of inspiration to legal advisers, military personnel and cultural property experts.

On April 10, 2003, as the world watched a statue of Saddam Hussein come crashing down in the heart of Baghdad, a mob of looters attacked the Iraq National Museum. Despite the presence of an American tank unit, the pillaging went unchecked, and more than 15,000 artifacts;some of the oldest evidence of human culture;disappeared into the shadowy worldwide market in illicit antiquities. In the five years since that day, the losses have only mounted, with gangs digging up roughly half a million artifacts that had previously been unexcavated; the loss to our shared human heritage is incalculable. With The Rape of Mesopotamia, Lawrence Rothfield answers the complicated question of how this wholesale thievery was allowed to occur. Drawing on extensive interviews with soldiers, bureaucrats, war planners, archaeologists, and collectors, Rothfield reconstructs the planning failures—originating at the highest levels of the U.S. government—that led to the invading forces’ utter indifference to the protection of Iraq’s cultural heritage from looters. Widespread incompetence and miscommunication on the part of the Pentagon, unchecked by the disappointingly weak advocacy efforts of worldwide preservation advocates, enabled a tragedy that continues even today, despite widespread public outrage. Bringing his story up to the present, Rothfield argues forcefully that the international community has yet to learn the lessons of Iraq—and that what happened there is liable to be repeated in future conflicts. A powerful, infuriating chronicle of the disastrous conjunction of military adventure and cultural destruction, The Rape of Mesopotamia is essential reading for all concerned with the future of our past.

"Who Owns the Past? challenges all who care about the arts to work together toward policies that consider traditional American interests in securing cultural resources and respect international concerns over loss of heritage."--BOOK JACKET.

Art and Cultural Heritage is appropriately, but not solely, about national and international law respecting cultural heritage. It is a bubbling cauldron of law mixed with ethics, philosophy, politics and working principles looking at how cultural heritage law, policy and practice should be sculpted from the past as the present becomes the future. Art and cultural heritage are two pillars on which a society builds its identity, its values, its sense of community and the individual. The authors explore these demanding concerns, untangle basic values, and look critically at the conflicts and contradictions in existing art and cultural heritage law and policy in its diverse sectors. The rich and provocative contributions collectively provide a reasoned discussion of the issues from a multiplicity of views to permit the reader to understand the theoretical and philosophical underpinnings of the cultural heritage debate.

Art, Cultural Heritage, and the Law is one of the first legal casebooks to address the rapidly emerging fields of art and cultural heritage law, utilizing an interdisciplinary approach. This book addresses artists¿ rights (freedom of expression, copyright, moral rights and rights in architectural works and historic preservation); the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and finally cultural heritage (the fate of art works and cultural objects in time of war, the international trade in art works and cultural objects, the archaeological and underwater heritage of the United States, and indigenous cultures, focusing on restitution of Native American cultural objects and human remains, and appropriation of indigenous culture).

The new edition, available summer 2008, will retain the basic structure of the first edition while updating case law, policies and events. It will include recent materials and developments, such as new cases (Malevich v. City of Amsterdam, resolution of the Barnes dispute, recent deaccessioning disputes, Iran v. Barakat, U.S. v. Ligon), recent restitutions of ancient art works from US museums to Italy and other countries, and new museum policies. There will also be an expansion of treatment of underwater cultural heritage, historic preservation, and archaeological resources.

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).