This book describes the collisions between the art world and the law, with a critical eye through a combination of primary source materials, excerpts from professional and art journals, and extensive textual notes. Topics analysed include + the fate of works of art in wartime, + the international trade in stolen and illegally exported cultural property, + artistic freedom, + censorship and state support for art and artists, + copyright, + droit moral and droit de suite, + the artist's professional life and death, + collectors in the art market, + income and estate taxation, + charitable donations and works of art, and + art museums and their collections. The authors are recognised experts in the field who have defined the canon in many aspects of art 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. 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.

What happens when the art world encounters the law and vice versa? This book describes these collisions with a critical eye through a combination of primary source materials, excerpts from professional and art journals, and extensive textual notes. Topics analysed include the fate of works of art in wartime, The international trade in stolen and illegally exported cultural property, artistic freedom, censorship and state support for art and artists, copyright, droit moral and droit de suite, The artist's professional life and death, collectors in the art market, income and estate taxation, charitable donations and works of art, and art museums and their collections. Law, Ethics, And The Visual Arts is unique in its description of the origins and development of major areas of art and practice; its analysis of international problems, applicable public and private international law, and different national approaches to similar problems; and its critical evaluation of the implications of laws, legal decisions, and art world practices. The authors are recognised experts in the field who have defined the canon in many aspects of art law. Art world professionals, including practising and academic lawyers, trusts and estate lawyers and others dealing with art as an asset, those in the art trade, art administrators, The museum trustees and staff, art historians, archaeologists, and art collectors will appreciate the unmatched features of Law, Ethics, And The Visual Arts and find it of great value in their work.

This book is about whether or not great works of art should be returned.

This book looks at the way in which the 'call for justice' is portrayed through art and presents a wide range of texts from film to theatre to essays and novels to interrogate the law. 'Calls for justice' may have their positive connotations, but throughout history most have caused annoyance. Art is very well suited to deal with such annoyance, or to provoke it. This study shows how art operates as an interface, here, between two spheres: the larger realm of justice and the more specific system of law. This interface has a double potential. It can make law and justice affirm or productively disturb one another. Approaching issues of injustice that are felt globally, eight chapters focus on original works of art not dealt with before, including Milo Rau's The Congo Tribunal, Elfriede Jelinek's Ulrike Maria Stuart, Valeria Luiselli's Tell Me How It Ends and Nicolas Winding Refn's Only God Forgives. They demonstrate how through art's interface, impasses are addressed, new laws are made imaginable, the span of systems of laws is explored, and the differences in what people consider to be just are brought to light. The book considers the improvement of law and justice to be a global struggle and, whilst the issues dealt with are culture-specific, it argues that the logics introduced are applicable everywhere.

This book takes an interdisciplinary, transnational and cross-cultural approach to reflect on, critically examine and challenge the surprisingly robust practice of making art after death in an artist's name, through the lenses of scholars from the fields of art history, economics and law, as well as practicing artists. Works of art conceived as multiples, such as sculptures, etchings, prints, photographs and conceptual art, can be—and often are—remade from original models and plans long after the artist has passed. Recent sales have suggested a growing market embrace of posthumous works, contemporaneous with questioning on the part of art history. Legal norms seem unready for this surge in posthumous production and are beset by conflict across jurisdictions. Non-Western approaches to posthumous art, from Chinese emulations of non-living artists to Native American performances, take into account rituals of generational passage at odds with contemporary, market-driven approaches. The book will be of interest to scholars working in art history, the art market, art law, art management, museum studies and economics.

Between the countless works of art in the world and numerous laws on their care, the task of deciphering correct procedure can seem daunting. In Art Law: A Concise Guide for Artists, Curators, and Art Educators, Michael E. Jones breaks down the legal language into a concise tool for all those involved in the art world. While most art law books are written for law students or museum directors, trustees, and curators, Jones’ book appeals to a far larger audience, particularly undergraduate and graduate students studying art, graphic design, photography, museum studies, art education and art business. It is also a useful research guide for museum professionals, gallery directors, foundation heads, working professional visual fine artists and board/trustee members. Art Law distinguishes itself by providing a broad scope of art law in relation to the world of artists and those organizations that support, preserve, govern, display, and even sell art. Covering topics such as acquisition, grants, and buying and selling, this book takes a look at the ethical and legal issues and rights that confront the art community and museums. Through case studies complete with images, readers can see these topics in action. Art Law is a must-have guide for art educators, museum studies students, art law and business programs, and artists looking for clear and readable descriptions and answers to the relevant legal issues facing the art world community.

This volume includes the proceedings of the International Conference The Italian law of cultural heritage. A dialogue with the United States (Villa Ruspoli, Florence, June 17-18, 2022), conceived and organized by the Dipartimento di scienze giuridiche of the University of Florence as part of the 2018-2022 Project of Excellence and by the Soprintendenza archeologia, belle arti e paesaggio for the metropolitan city of Florence and the provinces of Pistoia and Prato

This pathbreaking collection of thirteen original essays examines the moral rights of the subjects of documentary film, photography, and television. Image makers--photographers and filmmakers--are coming under increasing criticism for presenting images of people that are considered intrusive and embarrassing to the subject. Portraying subjects in a "false light," appropriating their images, and failing to secure "informed consent" are all practices that intensify the debate between advocates of the right to privacy and the public's right to know. Discussing these questions from a variety of perspectives, the authors here explore such issues as informed consent, the "right" of individuals and minority groups to be represented fairly and accurately, the right of individuals to profit from their own image, and the peculiar moral obligations of minorities who image themselves and the producers of autobiographical documentaries. The book includes a series of provocative case studies on: the documentaries of Frederick Wiseman, particularly Titicut Follies; British documentaries of the 1930s; the libel suit of General Westmoreland against CBS News; the film Witness and its portrayal of the Amish; the film The Gods Must be Crazy and its portrayal of the San people of southern Africa; and the treatment of Arabs and gays on television. The first book to explore the moral issues peculiar to the production of visual images, Image Ethics will interest a wide range of general readers and students and specialists in film and television production, photography, communications, media, and the social sciences.