Art, Cultural Heritage, and the Law

Cases and Materials
Author: Patty Gerstenblith
Publisher: N.A
ISBN: 9781611632040
Category: Law
Page: 1146
View: 6432

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"Art, Cultural Heritage, and the Law is one of the first and most comprehensive legal casebooks to address the rapidly emerging fields of art and cultural heritage law. It is also distinctive in its extensive use of an interdisciplinary approach and images to illustrate the artworks discussed in the legal materials. This book addresses artists' rights (freedom of expression, copyright, and moral rights); 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 historic, 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 third edition retains the basic structure of the earlier editions while updating case law, policies and events. It includes cutting edge legal developments, such as the new decisions in the Fisk University dispute, Bakalar v. Vavra, and Cassirer v. Spain, United States ratification of the 1954 Hague Convention, restitutions of ancient art works from US museums to Italy and other countries, and application of museum policies. Expanded and updated treatment is given to art merchant practices, functioning of the art market, and the use of civil forfeiture to recover illegally imported cultural objects."

Art, Cultural Heritage and the Market

Ethical and Legal Issues
Author: Valentina Vadi,Hildegard E. G. S. Schneider
Publisher: Springer Science & Business Media
ISBN: 3642450946
Category: Law
Page: 342
View: 3416

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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.

Art and Cultural Heritage

Law, Policy and Practice
Author: Barbara T. Hoffman
Publisher: Cambridge University Press
ISBN: 9780521857642
Category: Law
Page: 562
View: 356

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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 Law

Cases and Materials
Author: Leonard D. DuBoff,Michael D. Murray
Publisher: Wolters Kluwer Law & Business
ISBN: 1454887931
Category: Law
Page: 700
View: 4225

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Art Law: Cases and Materials, Second Edition offers a timely and panoramic view of the entire field of law. Designed as a primary text for courses on Law and the Visual Arts, Cultural Property Law, or Cultural Heritage Law, the three-part framework of this highly readable casebook explores Artists’ Rights, Art Markets, and the International Preservation of Art and Cultural Property.

Private International Law, Art and Cultural Heritage

Author: Christa Roodt
Publisher: Edward Elgar Publishing
ISBN: 1781002169
Category: Law
Page: 416
View: 4371

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In this timely book Christa Roodt demonstrates how the structure and method of private international law can be applied in its expanding relationship with cultural heritage law. In particular, she explores the use of private international law in the co

Who Owns the Past?

Cultural Policy, Cultural Property, and the Law
Author: Kate Fitz Gibbon
Publisher: Rutgers University Press
ISBN: 9780813536873
Category: Social Science
Page: 362
View: 3894

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Illegaler Kulturgüterverkehr

Author: Michael Anton
Publisher: Walter de Gruyter
ISBN: 3899497236
Category: Law
Page: 1337
View: 8782

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Band 1 eröffnet dem Leser die ganze Tragweite des illegalen Kulturgüterverkehrs aus tatsächlicher wie rechtlicher Sicht und verdeutlicht, in wie vielen Konstellationen die Handbücher zum Kulturgüterschutz und Kunstrestitutionsrecht für Museen, Kunsthandel, Auktionswesen und Privatsammler, insbesondere aber auch für öffentliche Institutionen, Behörden und ausländische Botschaften anwendbar sind.

Internationales Kulturgüterprivat- und Zivilverfahrensrecht

Author: Michael Anton
Publisher: Walter de Gruyter
ISBN: 3899497279
Category: Law
Page: 1447
View: 3765

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Volume 3 does particular justice to the international aspect of cultural goods protection and art restitution law. Firstly, the civil law claims system, possible means of defense against unjust art restitution claims and counterclaims of parties legally obliged to restitution are addressed. The second core issue of this work involves international cultural goods civil procedural law and the question of which formal and procedural particularities exist in regard to art restitution law suits. The examination also focuses on international cultural goods private law and the question significant to daily practice, namely: which national civil law system applies in the event of art restitution procedures?

Cultural Awareness in the Military

Developments and Implications for Future Humanitarian Cooperation
Author: R. Albro,B. Ivey
Publisher: Springer
ISBN: 1137409428
Category: Social Science
Page: 128
View: 5593

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Featuring chapters from social scientists directly engaged with the process, this volume offers a concise introduction to the U.S. military's effort to account for culture and increase its cultural capacity over the last decade. Contributors to this work consider some of the key challenges, lessons learned, and the limits of such efforts.

The Illicit Trade in Art and Antiquities

International Recovery and Criminal and Civil Liability
Author: Janet Ulph,Ian Smith
Publisher: Bloomsbury Publishing
ISBN: 1782250166
Category: Law
Page: 352
View: 8505

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This new text 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 text also provides an exposition of the law where a British law enforcement agency, or a foreign law enforcement agency, 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 organised 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 analysed.

Crimes Against Art

International Art and Cultural Heritage Law
Author: Bonnie Czegledi
Publisher: Carswell Legal Publications
ISBN: 9780779823161
Category: Biography & Autobiography
Page: 488
View: 4491

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Routledge Handbook of International Criminology

Author: Cindy J. Smith,Sheldon X. Zhang,Rosemary Barberet
Publisher: Routledge
ISBN: 1135193843
Category: Social Science
Page: 584
View: 5171

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The Routledge Handbook of International Criminology brings together the latest thinking and findings from a diverse group of both senior and promising young scholars from around the globe. This collaborative project articulates a new way of thinking about criminology that extends existing perspectives in understanding crime and social control across borders, jurisdictions, and cultures, and facilitates the development of an overarching framework that is truly international. The book is divided into three parts, in which three distinct yet overlapping types of crime are analyzed: international crime, transnational crime, and national crime. Each of these perspectives is then articulated through a number of chapters which cover theory and methods, international and transnational crime analyses, and case studies of criminology and criminal justice in relevant nations. In addition, questions placed at the end of each chapter encourage greater reflection on the issues raised, and will encourage young scholars to move the field of inquiry forward. This handbook is an excellent reference tool for undergraduate and graduate students with particular interests in research methods, international criminology, and making comparisons across countries.

Handbook on the Law of Cultural Heritage and International Trade

Author: James A R Nafziger,Robert Kirkwood Paterson
Publisher: Edward Elgar Publishing
ISBN: 1781007349
Category: Political Science
Page: 672
View: 5262

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øThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural H

The Protection of the Underwater Cultural Heritage

Before and After the 2001 UNESCO Convention
Author: Roberta Garabello,Tullio Scovazzi
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041122032
Category: Law
Page: 292
View: 2352

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The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage represents a major step forward in the field of international law. New archaeological rules as well as a comprehensive co-operation system among the States concerned are set up by the new Convention. Despite the negative attitude assumed by few States at the moment of voting for the text of the Convention, this new international instrument is welcome by the great majority of States. This volume focuses on the main aspects of the Convention. It is divided in two parts, to describe the situation before and after the adoption (and the forthcoming into force) of the Convention. In the first part the contradictions resulting from the regime established under the 1982 United Nations Convention on the Law of the Sea are analysed together with the undesirable results of the application of the rules of admiralty (law of salvage and law of finds) to the underwater cultural heritage. In the second part the negotiation process is described, both in its general aspects (the myths surrounding the draft) and in its specific results (the drafting of each single provision).

Art as Plunder

The Ancient Origins of Debate about Cultural Property
Author: Margaret M. Miles
Publisher: Cambridge University Press
ISBN: 0521872804
Category: Art
Page: 426
View: 1959

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This book examines the ancient origins of debate about art as cultural property. What happens to art in time of war? Who should own art, and what is its appropriate context? Should the victorious ever allow the defeated to keep their art? These questions were posed by Cicero during his prosecution of a Roman governor of Sicily, Gaius Verres, for extortion. Cicero's published speeches had a very long afterlife, affecting debates about collecting art in the 18th century and reactions to the looting of art by Napoleon. The focus of the book's analysis is theft of art in Greek Sicily, Verres' trial, Roman collectors of art, and the later impact if Cicero's arguments. The book concludes with the British decision after Waterloo to repatriate Napoleon's stolen art to Italy, and an epilogue on the current threats to art looted from archaeological contexts. Margaret M. Miles is an archaeologist and art historian, now Professor of Art History and Classics at the University of California, Irvine. She has held fellowships at the American School of Classical Studies in Athens, the Institute for Advanced Study in Princeton, and the American Academy in Rome. She has excavated at Corinth and Athens, and did architectural fieldwork at Rhamnous in Greece and at Selinunte and Agrigento in Sicily. Her earlier publications include a study of the Temple of Nemesis at Rhamnous (Hesperia, 1989) and a volume in the Agora excavation series on the City Eleusinion, the downtown Athenian branch of the Eleusinian Mysteries (The Athenian Agora, Vol. 31: The City Eleusinion, 1998).

Copyrighting Creativity

Creative Values, Cultural Heritage Institutions and Systems of Intellectual Property
Author: Helle Porsdam
Publisher: Routledge
ISBN: 1317159578
Category: Art
Page: 224
View: 5633

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What is the relationship between creativity, cultural heritage institutions and copyright? Who owns culture and cultural heritage? The digital age has expanded the horizon of creative possibilities for artists and cultural institutions - what is the impact on legal regimes that were constructed for an analogue world? What are the tensions between the safeguarding of cultural heritage and the dissemination of knowledge about culture? Inspired by a three year research project involving leading European universities, this book explores the relationship between copyright and intellectual property, creativity and innovation, and cultural heritage institutions. Its contributors are scholars from both the humanities and the social sciences - from cultural studies to law - as well as cultural practitioners and representatives from cultural heritage institutions. They all share an interest in the contribution of intellectual property to the role of cultural institutions in making culture accessible and encouraging new creativity.

The Return of Cultural Treasures

Author: Jeanette Greenfield
Publisher: Cambridge University Press
ISBN: 9780521477468
Category: Law
Page: 351
View: 2296

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New edition of Greenfield's pioneering study about the legal, political and historical aspects of cultural restitution.

Thinking about the Elgin Marbles

Critical Essays on Cultural Property, Art and Law
Author: John Henry Merryman
Publisher: Kluwer Law International B.V.
ISBN: 9041128751
Category: Law
Page: 595
View: 2844

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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. 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 Settlement of International Cultural Heritage Disputes

Author: Alessandro Chechi
Publisher: OUP Oxford
ISBN: 0191009083
Category: Law
Page: 400
View: 3946

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The past forty years have seen a wide proliferation of disputes under international law concerning cultural heritage. These have included the restitution of stolen art objects or the protection of monuments. 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 negotiation or, if it fails, through existing dispute resolution means. This can result in similar cases being settled 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. This examination is two-fold. First, it assesses the existing legal framework and the available dispute settlement means. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and their interaction through the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters (the 'common rules of adjudication'). It argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication. It sets out how such an approach would enhance the effectiveness and coherence of decision-making processes and would be conducive to the development of a lex culturalis. This can be defined as a composite body of rules designed to protect cultural heritage by excluding the mechanical application of the norms established for standard business transactions of ordinary goods.