Art, Cultural Heritage, and the Law: Cases and Materials / Edition 3

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Overview

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.

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Product Details

  • ISBN-13: 9781611632040
  • Publisher: Carolina Academic Press
  • Publication date: 7/28/2012
  • Edition description: Third Edition
  • Edition number: 3
  • Pages: 1178
  • Sales rank: 581,818
  • Product dimensions: 7.20 (w) x 10.30 (h) x 1.90 (d)

Meet the Author

Patty Gerstenblith is a Distinguished Research Professor of Law and Director of the Center for Art, Museum, & Cultural Heritage Law at DePaul University College of Law.

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Table of Contents

1 An Introduction to Art and Cultural Heritage Law 3

I Artists' Rights 21

2 Freedom of Expression 23

3 Copyright 85

4 Moral Rights Doctrine 173

II Museums, Merchants, and Markets 231

5 Museums 233

6 Art Merchants - Auction Houses and Dealers 305

7 Questions of Quality and Authenticity 349

8 Questions of Title 421

III Cultural Heritage 521

9 Cultural Heritage in Time of War and in the Aftermath of War 523

10 Cultural Heritage in the International Context 593

11 Cultural Heritage of the United States 729

12 Exploration and Appropriation of Indigenous Cultures 839

App Conventions and Legislation 929

Table of Cases 1087

Table of Authors 1095

Index 1099

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