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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: 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: 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: 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: Fiona Macmillan
Publisher: Routledge
ISBN: 0429759223
Category : Art
Languages : en
Pages : 218
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Book Description
This book focuses on the fraught relationship between cultural heritage and intellectual property, in their common concern with the creative arts. The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter. However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, divided between things that are fixed and moveable, tangible and intangible. Instead the book maintains that heritage should be conceived as part of a dynamic and mutually constitutive process of community formation. It argues, therefore, for a critically important distinction between the fundamentally different concepts of not only intellectual and cultural heritage/property, but also of the market and the community. For while copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not – and, indeed, should not – control the whole. The concept of cultural property/heritage, then, is a way of resisting the reduction of everything to its value in the market, a way of resisting the commodification, and creeping propertization, of everything. And, as such, the book proposes an alternative basis for expressing and controlling value according to the norms and identity of a community, and not according to the market value of private property rights. An important and original intervention, this book will appeal to academics and practitioners in both intellectual property and the arts, as well as legal and cultural theorists with interests in this area.
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: David Joselit
Publisher: MIT Press
ISBN: 0262043696
Category : Art
Languages : en
Pages : 344
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Book Description
How global contemporary art reanimates the past as a resource for the present, combating modern art's legacy of Eurocentrism. If European modernism was premised on the new—on surpassing the past, often by assigning it to the “traditional” societies of the Global South—global contemporary art reanimates the past as a resource for the present. In this account of what globalization means for contemporary art, David Joselit argues that the creative use of tradition by artists from around the world serves as a means of combatting modern art's legacy of Eurocentrism. Modernism claimed to live in the future and relegated the rest of the world to the past. Global contemporary art shatters this myth by reactivating various forms of heritage—from literati ink painting in China to Aboriginal painting in Australia—in order to propose new and different futures. Joselit analyzes not only how heritage becomes contemporary through the practice of individual artists but also how a cultural infrastructure of museums, biennials, and art fairs worldwide has emerged as a means of generating economic value, attracting capital and tourist dollars. Joselit traces three distinct forms of modernism that developed outside the West, in opposition to Euro-American modernism: postcolonial, socialist realism, and the underground. He argues that these modern genealogies are synchronized with one another and with Western modernism to produce global contemporary art. Joselit discusses curation and what he terms “the curatorial episteme,” which, through its acts of framing or curating, can become a means of recalibrating hierarchies of knowledge—and can contribute to the dual projects of decolonization and deimperialization.
Author: Bruno S. Frey
Publisher: Springer
ISBN: 3030157482
Category : Business & Economics
Languages : en
Pages : 134
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Book Description
This book studies the relationship between the arts and the economy. By applying economic thinking to arts and culture, it analyses markets for art and cultural goods, highlights specific facets of art auctions and discusses determinants of the economic success of artists. The author also sheds new light on various cultural areas, such as the performing and visual arts, festivals, films, museums and cultural heritage. Lastly, the book discusses cultural policies, the role of the state in financing culture, and the relationship between the arts and happiness.
Author: Claartje Rasterhoff
Publisher: MDPI
ISBN: 3039219707
Category : Art
Languages : en
Pages : 156
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Book Description
This Special Issue of Arts investigates the use of digital methods in the study of art markets and their histories. As historical and contemporary data is rapidly becoming more available, and digital technologies are becoming integral to research in the humanities and social sciences, we sought to bring together contributions that reflect on the different strategies that art market scholars employ to navigate and negotiate digital techniques and resources. The essays in this issue cover a wide range of topics and research questions. Taken together, the essays offer a reflection on what takes to research art markets, which includes addressing difficult topics such as the nature of the research questions and the data available to us, and the conceptual aspects of art markets, in order to define and operationalize variables and to interpret visual and statistical patterns for scholarship. In our view, this discussion is enriched when also taking into account how to use shared or interoperable ontologies and vocabularies to define concepts and relationships that facilitate the use and exchange of linked (open) data for cultural heritage and historical research.
Author: Anna Bolz
Publisher: Springer Nature
ISBN: 3031187431
Category : Law
Languages : en
Pages : 324
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Book Description
This book addresses practical issues in connoisseurship and authentication, as well as the legal implications that arise when an artwork’s authenticity is challenged. In addition, the standards and processes of authentication are critically examined and the legal complications which can inhibit the expression of expert opinions are discussed. The notion of authenticity has always commanded the attention of art market participants and the general art-minded public alike. Coinciding with this, forgery is often considered to be the world’s most glamorous crime, packed with detective stories that are usually astonishing and often bizarre. The research includes findings by economists, sociologists, art historians, lawyers, academics and practitioners, all of which yield insights into the mechanics and peculiarities of the art business and explain why it works so differently from other markets. However, this book will be of interest not only to academics, but to everyone interested in questions of authenticity, forgery and connoisseurship. At the same time, one of its main aims is to advocate best practices in the art market and to stress the importance of cooperation among all disciplines with a stake in it. The results are intended to offer guidance to art market stakeholders, legal practitioners and art historians alike, while also promoting mutual understanding and cooperation.
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
