Author: Patty Gerstenblith
Publisher:
ISBN: 9781531007652
Category : Art dealers
Languages : en
Pages : 0
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Book Description
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, with accompanying images to illustrate the artworks discussed in the legal materials. The fourth edition continues the tradition of the earlier editions in focusing on the meaning of the art works and cultural objects that are at the heart of an increasing number of legal disputes. 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 cultural heritage (including 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 the appropriation of indigenous culture). The inclusion of images of many of the art works and cultural objects at issue helps students to understand why these disputes occur and why the litigants feel so strongly about the outcomes. The fourth edition retains the basic structure of the earlier editions while updating all relevant case law, legislation, and policies. It includes cutting-edge legal developments, such as Cariou v. Prince, the Berkshire Museum deaccessioning decision, Trustees of the Corcoran Gallery v. District of Columbia, the Knoedler Gallery cases, Foreign Sovereign Immunities Act cases (Williams v. National Gallery of Art, Philipp v. Federal Republic of Germany, Rubin v. Iran, and DeCsepel v. Hungary), Konowaloff v. Metropolitan Museum of Art, Okinawa Dugong v. Mattis, Navajo Nation v. Dep't of Interior, and Navajo Nation v. Urban Outfitters. Treatment of new legislation includes the Holocaust Era Art Recovery Act, the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act, and the Protect and Preserve International Cultural Property Act. A new section examines the intersection of human rights and cultural heritage, while expanded sections address the use of civil forfeiture in art recovery cases, museum policies on acquisition of antiquities and the use of proceeds realized from the sale of art works from museum collections, and comparative analysis of market country implementation of the 1970 UNESCO Convention.
Author: Barbara T. Hoffman
Publisher: Cambridge University Press
ISBN: 9780521857642
Category : Law
Languages : en
Pages : 608
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Book Description
This volume contains relevant and pressing issues in the law, policy, and the practice of art and cultural heritage protection.
Author: Patty Gerstenblith
Publisher:
ISBN:
Category : Art
Languages : en
Pages : 1152
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Book Description
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.
Author: Valentina Vadi
Publisher: Springer Science & Business Media
ISBN: 3642450946
Category : Law
Languages : en
Pages : 342
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Book Description
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.
Author: Christa Roodt
Publisher: Edward Elgar Publishing
ISBN: 1781002169
Category : Law
Languages : en
Pages : 416
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Book Description
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
Author: James A. R. Nafziger
Publisher: Edward Elgar Publishing
ISBN: 9780857937452
Category : Cultural property
Languages : en
Pages : 0
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Book Description
This comprehensive collection of leading articles spans a broad range of international legal issues related to both tangible cultural material - such as archaeological and indigenous objects, fine art, shipwrecks, and cultural sites - and intangible heritage such as traditional knowledge and genetic information. Specific topics include, among others, issues of definition and attribution, on-site protection of objects and sites, illegal trafficking and repatriation of objects, and protection of intangible heritage. Special attention is paid to applicable provisions of UNESCO treaties and other international instruments and to pertinent rules of private international law. A concluding section focuses on the resolution of cultural heritage disputes by litigation and alternative methods. Along with an introduction by Professor Nafziger, this authoritative volume will be immensely valuable to students and professionals alike.
Author: National Trust for Historic Preservation
Publisher: John Wiley & Sons
ISBN: 9780471251583
Category : Law
Languages : en
Pages : 612
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Book Description
A comprehensive reference for the growing field of environmental law, this important legal primer defines and interprets the statues and federal policies that protect archeological resources in land and water environments.
Author: Bonnie Czegledi
Publisher:
ISBN:
Category : Art
Languages : en
Pages : 510
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Book Description
Of International Stolen Art Databases P.95
Author: Leonard D. DuBoff
Publisher: Aspen Publishing
ISBN: 1543857914
Category : Law
Languages : en
Pages : 1086
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Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Art Law: Cases and Materials, Third Edition is written by Leonard DuBoff, a founder of the discipline of art law, and by Michael Murray, a prolific scholar of art law and intellectual property law. The current edition focuses on law and the visual arts world that now embraces the disruptive forces of blockchains and non-fungible tokens (NFTs). Designed as a primary text for courses on art law, law and the visual arts, cultural property law, or cultural heritage law, the three-part framework of this highly readable casebook explores artists’ rights under copyright, trademark, right of publicity, moral rights, and the First Amendment; art markets including the law of galleries, dealers, auctions, and museums; and the legal issues surrounding international preservation of art and cultural property, including smuggling and theft in peacetime, looting and plundering in wartime, and protection of native and indigenous peoples’ art. New to the Third Edition: As stated by the author of the introduction, Jane Ginsburg of Columbia Law School says, “The tremendous sweep of this casebook takes in the manifold fields that the apparently simple name ‘Art Law’ implicates. From ‘What is Art?’ through the different kinds of intellectual property encompassed within artists’ rights, through censorship and freedom of expression to the many permutations of the art market, and on to international and domestic protections of cultural property, the casebook enmeshes the student in an extraordinary variety of fascinating, and often intractable, legal issues. The current edition not only generally updates its predecessor but adds such cutting-edge digital matters as NFTs (which unsettle some notions of “what is art,” and pervade the gamut of IP issues), the role of artificial intelligence in the creation of works of art, and the impact of deepfakes on the right of publicity.” The Third Edition explores how NFTs and the market for digital art has changed how artists, collectors, and the general public view and interact with the art world. NFTs have disrupted the calculation of what is art and who is an artist and challenge the centuries old systems of valuation of art even though they apply the same basic factors of scarcity, provenance (authenticity), attribution to a particular artist, popularity, historical significance, and potential for growth in value. NFTs and metaverse have thrust an entirely new class of creators and content owners into a crypto community that disfavors law and champions copying. NFTs have made digital art a popular and expensive art investment, but this pushes to the forefront the uncomfortable uncertainties of how the law treats digital works under the copyright first sale doctrine. NFTs now enable American artists to list and sell art works linked to smart contracts that set a rate for the payment of resale royalties and can issue a royalty payment whenever these art works are resold on an exchange that supports the payment of royalties for transactions on the blockchain where the art is registered. The text also explores how deep fakes and AI rendering technologies have created new issues regarding unauthorized uses in false endorsement situations and lookalike avatars and profile pictures (PFPs). Professors and students will benefit from: A very current text covering the real world and metaverse art world of the 2020s A rich collection of illustrations from and about the cases and issues PowerPoints that cover each case, topic, and subtopic
Author: Janet E. Blake
Publisher: Cultural Heritage Law and Poli
ISBN: 0198723512
Category : Law
Languages : en
Pages : 385
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Book Description
This title explores the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peacetime and related international cultural policy-making. An important aspect of this publication is the emphasis placed on broader policy and other contexts within which, and in response to which, this law has developed.
